Commonwealth v. Read — Trial ArchiveCaitlin Albert - Cross/Redirect/Recross
485 linesJUDGE CANNONE: Please be seated. Bring them in. [You are unmuted.] All right, Commonwealth versus Karen Read, 22-117. Counsel?
MR. LALLY: Adam Lally for the Commonwealth. Good morning.
JUDGE CANNONE: Good morning, Mr. Lally. Good morning.
MS. MCLAUGHLIN: Laura McLaughlin for the Commonwealth. Good morning.
JUDGE CANNONE: Good morning, Miss McLaughlin. Morning.
MR. JACKSON: Alan Jackson. Good morning.
JUDGE CANNONE: Good morning, Mr. Jackson. Good morning.
MS. LITTLE: Elizabeth Little.
JUDGE CANNONE: Good morning, Miss Little. Good morning.
MR. YANNETTI: David Yannetti for the defense. Good morning.
JUDGE CANNONE: Good morning, Mr. Yannetti. Good morning, Miss Read. So Mr. Yannetti, I just wanted to tell you that after reviewing my notes of the testimony of Katie McLaughlin, my view hasn't changed. But I will give you a little bit of leeway with this witness. Okay.
MR. YANNETTI: I would like to define the parameters if I can, your honor, so that we —
JUDGE CANNONE: All right, the jurors are on their way over. I don't think you need to define the parameters. When there are objections, they'll either be sustained or overruled. Okay. There's one other thing that we need to put on the record. All right, nobody told me that. All right, why don't you come up here at sidebar and we'll do this.
PARENTHETICAL: [Sidebar]
JUDGE CANNONE: Good morning. I did not expect to have you come in and have us not be ready, but I do appreciate your patience with us. I do have those three questions. Was everyone able to follow the instructions and refrain from discussing this case with anyone since we left yesterday? Everyone said yes or nodded affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case?
JUDGE CANNONE: Everyone said yes or nodded affirmatively. Did anyone happen to see, hear, or read anything about this case since we left yesterday? No, everyone said no. Sit down. All right. Can we bring Miss Albert back in, please?
COURT CLERK: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MS. ALBERT: I do.
COURT CLERK: Thank you. Take the stand.
JUDGE CANNONE: Good morning.
MR. YANNETTI: Good morning, Miss Albert.
MS. ALBERT: Good morning.
MR. YANNETTI: I'd like to go back to a discussion of Katie McLaughlin. Okay. Yesterday I asked you a four-word question, and that question was: who is Katie McLaughlin? Do you recall that question?
MS. ALBERT: I do.
MR. YANNETTI: You would agree with me that your response was not "she's a firefighter," correct? Response was not "she's a friend," correct? Your response was not "I've known her for years."
MS. ALBERT: Well, I sort of alluded to that when I said that I've known her since high school, right.
MR. YANNETTI: Your response was that she was somebody that you knew in high school, correct?
MS. ALBERT: I said that I went to high school with her and she's my same age. We graduated the same year, right.
MR. YANNETTI: So you referenced high school, correct?
MS. ALBERT: Yes.
MR. YANNETTI: All right. You would agree with me that you've seen her several times since high school, correct?
MS. ALBERT: Yes.
MR. YANNETTI: You have hung out in the same group with her several times since high school, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And you graduated high school in 2014?
MS. ALBERT: Yes.
MR. YANNETTI: It is now 2024.
MS. ALBERT: Yes.
MR. YANNETTI: Your contact with Katie McLaughlin has been fairly consistent over the years in that it continued at least until 2021, correct?
MS. ALBERT: I would agree with that, although it was far and few between. But is that throughout the years? Yes.
MR. YANNETTI: Do you say that because the photographs are far and few between?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: All right. You would agree with me that there was not a three-year period prior to January 29th of 2022 where you didn't see Katie McLaughlin at all, correct? A three-year period?
MS. ALBERT: I — I can't say 100% yes to that, but I wouldn't be surprised if I had seen her at some point in time over the past couple years, and before John O'Keefe's passing. Yeah, seen her a couple of times.
MR. YANNETTI: Does that mean that maybe you bumped into her and said hello?
MS. ALBERT: It would mean that we would be in the same place at the same time, not something that I reached out and invited her to in any way, shape, or form. But, you know, again, we have mutual friends, so I would not be surprised if I went somewhere and she happened to be there as well.
MR. YANNETTI: Okay. And it would have been a surprise to you that she showed up at whatever place you were at in those three years? Is that your testimony?
MS. ALBERT: No. No, it would not have been a surprise to me.
MR. YANNETTI: You would have known in advance that Katie McLaughlin was going to be at the same place that you were in advance?
MS. ALBERT: Not necessarily. But ever in those three years —
MR. YANNETTI: Isn't it true that only eight months before January 29th of 2022, you and Katie McLaughlin were at a baby shower together?
MR. LALLY: Objection.
JUDGE CANNONE: Do you know that?
MS. ALBERT: Yes.
JUDGE CANNONE: Go ahead and answer.
MS. ALBERT: Yes, we did.
MR. YANNETTI: Whose baby shower was it?
MS. ALBERT: It was a mutual friend of ours.
MR. YANNETTI: What's her name?
MS. ALBERT: Her name is Alyssa.
MR. YANNETTI: And how many people were at that baby shower?
MS. ALBERT: I can't say for sure. I mean, it was Alyssa's family and a bunch of friends. I can't put a number on it.
MR. YANNETTI: The friends all gathered together and took a photo together with the woman having the baby, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Was there a photo taken?
MS. ALBERT: I believe so.
MR. YANNETTI: You were in that photo, correct?
MS. ALBERT: Yes.
MR. YANNETTI: Who was standing next to you?
MS. ALBERT: I don't have it in front of me. Um, okay.
MR. YANNETTI: If you saw the photo, would that refresh your memory?
MS. ALBERT: Yeah.
MR. YANNETTI: May I approach?
JUDGE CANNONE: Yes.
MR. YANNETTI: I'm showing you what has been — just show — sorry. I'm just going to identify it as S for identification for the record. I'm showing you what's been marked S for identification. Could you take a look at that and look up at me when you're done?
MS. ALBERT: Yes.
MR. YANNETTI: Having reviewed that photograph, Miss Albert, who is standing next to you?
MS. ALBERT: One of my friends is on the left of me and Katie McLaughlin is on the right of me.
MR. YANNETTI: Okay. She's right next to you in that photo, correct?
MS. ALBERT: Yes, she is.
MR. YANNETTI: That was in June of 2021, correct?
MS. ALBERT: Yes.
MR. YANNETTI: So if somebody testified that you hadn't seen each other in three years prior to January 29th of 2022, that would be wrong, right?
MR. LALLY: Objection.
MR. YANNETTI: And with regard to the contact that you've had with her in terms of group events, you would agree with me that it wasn't just day trips that you took with her, correct?
MS. ALBERT: Correct.
MR. YANNETTI: You've also gone on road trips with her, correct?
MS. ALBERT: I've gone away on trips that she was there. I didn't drive with her or go with her or invite her, but she has been there.
MR. YANNETTI: Yeah, okay. And what road trips have you taken overnight where you and Katie McLaughlin have been together since high school?
MR. LALLY: Objection.
JUDGE CANNONE: We need a time frame, Mr. Yannetti. Not just — sure.
MR. YANNETTI: Years ago. Since — since high school, you've gone to Maine with Katie McLaughlin, have you not?
MR. LALLY: Objection.
JUDGE CANNONE: Did you go to Maine with her?
MS. ALBERT: I did. And the year would have been like 2015 or 2016.
MR. YANNETTI: Okay. If I suggested it was July of 2016, would that make sense?
MS. ALBERT: That would sound about right.
MR. YANNETTI: And while you were in Maine, there were seven of you in a hot tub together, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: You were in a hot tub with Katie McLaughlin in Maine, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: May we approach?
JUDGE CANNONE: Yes.
MR. YANNETTI: You mentioned that you'd been to Maine with Katie McLaughlin in 2016. Where was it in Maine?
MS. ALBERT: I'm not sure of the exact town. Right, it was probably four hours away. I'm not sure how long it took to get up there.
MR. YANNETTI: It wasn't 10 minutes away?
MS. ALBERT: No.
MR. YANNETTI: And it wasn't a half hour?
MS. ALBERT: No.
MR. YANNETTI: All right. It was more than two hours, correct?
MS. ALBERT: Maybe.
MR. YANNETTI: And you drove, correct?
MS. ALBERT: Yes.
MR. YANNETTI: How many days did you spend in Maine?
MS. ALBERT: I'm not sure. Maybe two.
MR. YANNETTI: All right. So you were up in Maine over a weekend?
MS. ALBERT: Yep.
MR. YANNETTI: With Katie McLaughlin, correct?
MS. ALBERT: Yes, as well as a bunch of other friends.
MR. YANNETTI: Of course, but the answer to my question is: you were with Katie McLaughlin, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: How many times have the two of you been to the beach together since high school?
MR. LALLY: Objection.
JUDGE CANNONE: Do you know? If you can answer that, go ahead and answer.
MS. ALBERT: I know that we have been to a beach together, but I don't know how many times. I could guess.
MR. YANNETTI: Don't guess. Next question. You said "a beach." Does that mean that the two of you only go to one particular beach?
MS. ALBERT: No, no.
MR. YANNETTI: You've gone to multiple beaches with Katie McLaughlin, correct?
MS. ALBERT: Not that I can remember. I can't remember how many times. I have one memory but I can't say for sure how many times I've been to a beach with Katie McLaughlin.
MR. YANNETTI: Okay. If I showed you a photograph of the two of you on a beach together in bikinis, would that refresh your memory?
MR. LALLY: Objection.
JUDGE CANNONE: You can show her a photograph. Thank you.
MR. YANNETTI: May I approach?
JUDGE CANNONE: Yes.
MR. YANNETTI: Again, I'm showing you S for identification — one particular photo in S. If you take a look at that and look up at me when you're done. Does that refresh your memory?
MS. ALBERT: Yep.
MR. YANNETTI: That particular photo from S for identification — what beach was that?
MS. ALBERT: I don't know the name of the beach.
MR. YANNETTI: Where was it?
MS. ALBERT: I believe somewhere in the Cape.
MR. YANNETTI: And Katie McLaughlin is in that photo, correct?
MS. ALBERT: Yes, along with a bunch of other friends.
JUDGE CANNONE: Miss Albert, please. No more "of course, of course."
MR. YANNETTI: With regard to that photo, once again you are right next to Katie McLaughlin, were you not?
MS. ALBERT: Right in back of her. She's in front of me.
MR. YANNETTI: Yes. And the mutual friends that I've already noted that we have are also in the photo. Let me ask you this — has anybody in this — I'm going to strike that. Has anybody in this courtroom today asked you about the other mutual friends who were there? Did I ask you today whether there were other mutual friends in that photo?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: You added that to your answer, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Can you answer that?
MS. ALBERT: Yes.
MR. YANNETTI: Who are your college roommates?
MS. ALBERT: [unintelligible reaction] I'm sorry, I didn't hear the question.
MR. YANNETTI: Who were your college — TY. JACKSON: Yes. And the mutual friends that I already said that we have are also in the photo.
MS. ALBERT: Of course.
MR. LALLY: Let me ask you this. Has anybody in— I'm going to strike that. Has anybody in this courtroom today asked you about the other mutual friends who were there? Did I ask you today whether there were other mutual friends in that photo?
JUDGE CANNONE: Sustained.
MR. LALLY: You added that to your answer. Correct?
JUDGE CANNONE: Can you answer that?
MS. ALBERT: Yes.
MR. YANNETTI: Who are your college roommates?
MS. ALBERT: I'm sorry, I didn't hear the question.
MR. YANNETTI: Who were your college roommates?
MS. ALBERT: roommates? Oh yeah.
JUDGE CANNONE: Sustained.
MR. YANNETTI: How many college roommates did you have?
JUDGE CANNONE: Sustained.
MR. YANNETTI: Fair to say that Katie Moffin has been with you and your college roommates?
MS. ALBERT: Yes.
MR. YANNETTI: When was that?
MS. ALBERT: 2015, 2016.
MR. YANNETTI: And there were two college roommates that you and Katie Moffin were with, correct?
MS. ALBERT: I had multiple college roommates at that time, and two of them were the mutual friends that Katie and I share.
MR. YANNETTI: And in fact, it was an occasion where you were in a kitchen with your two college roommates and one other person, correct?
JUDGE CANNONE: Jackson, you need a time frame or something. [unintelligible]
MR. YANNETTI: That was around 2016, was it not?
PARENTHETICAL: [Objection.]
MR. LALLY: JUDGE CANNONE: Sustained. And someone took a photo of you, your two college roommates, and one other person, correct?
PARENTHETICAL: [Objection.]
PARENTHETICAL: [Sidebar]
MR. LALLY: JUDGE CANNONE: Sustained. In 2016?
MS. ALBERT: That sounds about right.
MR. LALLY: Yes. And do you recall which college roommates they were?
JUDGE CANNONE: Sustained. Sustained.
MR. YANNETTI: May we approach?
JUDGE CANNONE: Okay.
MR. YANNETTI: Yes. I'm showing you another photo from S for identification. Ma'am, look at that and look up at me when you're done. Who's in that photo?
MS. ALBERT: Myself, um, two of my college roommates, and Katie Moffin.
MR. YANNETTI: Okay. So Katie Moffin is the only one in that photo who's not one of your roommates, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And was this a situation where she just showed up unexpectedly, like all the other times you had no idea she was going to be there?
JUDGE CANNONE: Jackson, ask the question differently; that's sustained in that form.
MR. YANNETTI: Thank you. Did you expect— By the way, whose kitchen is that?
MS. ALBERT: It was the college house that I lived in.
MR. YANNETTI: Your kitchen?
MS. ALBERT: The house we were renting.
MR. YANNETTI: Yes. You lived in that kitchen?
MS. ALBERT: Yes.
MR. YANNETTI: And Katie Moffin's in your kitchen?
MS. ALBERT: Yes.
PARENTHETICAL: [Objection.]
MR. LALLY: JUDGE CANNONE: Sustained. You guys were teammates on the track or cross-country team back in high school, correct?
MR. YANNETTI: Who invited Katie that day?
MS. ALBERT: Um, the two mutual friends that I lived with.
MR. YANNETTI: Okay. Certainly you didn't invite Katie, correct?
MS. ALBERT: I did not.
MR. YANNETTI: Because you're not close friends with her at all, correct?
MS. ALBERT: I am not.
MR. LALLY: In fact, you don't really like her very much, do you?
MS. ALBERT: I don't recall that, actually. We could have been. I'm not sure.
MR. YANNETTI: I mean— May I approach?
JUDGE CANNONE: Yes.
MR. YANNETTI: Once again, I'm placing S for identification before you, ma'am. If you look at the first page and then the second page. Having reviewed those two pages, does that refresh your memory about your teammate Katie Moffin?
MS. ALBERT: Yes, it does.
MR. YANNETTI: And you certainly were teammates in high school, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And you would agree with me that that relationship continued in terms of your contact with her all the way up through 2021, correct?
MS. ALBERT: Yes.
MR. LALLY: Your Honor, I would offer the photos that are in S for identification as full exhibits in this trial at this point. ada: Objection.
JUDGE CANNONE: The objection is sustained. You should put those back up with the clerk.
MR. YANNETTI: Now, you testified that you knew Brian Higgins prior to January 29th of 2022, correct?
MS. ALBERT: Yes.
MR. YANNETTI: You knew him as a good friend of your father's, correct?
MS. ALBERT: Yes.
MR. YANNETTI: He arrived at 34 Fairview Road, your parents' home, on January 29th of 2022, after you got there, correct?
MS. ALBERT: Again, I— Yes, 'cause me and my parents were the first ones inside, from what I remember.
MR. YANNETTI: Did you see what Brian Higgins drove to get there?
MS. ALBERT: I did not.
MR. YANNETTI: You did not see where he parked his vehicle?
MS. ALBERT: I did not.
MR. YANNETTI: At some point you saw him inside the home, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And he made it into the kitchen and dining room area where you were, correct?
MS. ALBERT: Yes.
MR. YANNETTI: You agree that at some point Brian Higgins and your father Brian Albert left that area to go to another room, correct?
MS. ALBERT: Yes.
MR. YANNETTI: So it's fair to say there was at least some portion of the night when Brian Higgins and your father were out of your field of vision, correct?
MS. ALBERT: I don't agree with that, because the room that I had seen them go into has an open doorway and you can see right into the family room that they were in. So I could actually see them in there.
MR. YANNETTI: Gotcha. How long— when Brian Higgins and your father Brian Albert were there inside the family room— I'm talking from that whole night— when you're at 34 Fairview, how much time lapsed between the time you first saw Brian Higgins and Brian Higgins left the residence?
MS. ALBERT: I can't say for sure. Um, if I had to estimate, I'd say an hour and a half.
MR. YANNETTI: Okay. And so your testimony before this jury is that for that full hour and a half, there was no time when Brian Higgins and your father Brian Albert were out of your field of vision?
MS. ALBERT: Not that I can remember.
MR. YANNETTI: Now, earlier that evening, on Friday, January 28th, you made plans to go out with your mom Nicole Albert, your Aunt Julie Albert, and your boyfriend Tristin Morris, correct?
MS. ALBERT: Yes.
MR. YANNETTI: From the beginning of that night, the plan was for Tristin to go home early, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And that was because he had to get up early to plow or shovel, correct?
MS. ALBERT: Yes.
MR. YANNETTI: He had to get up really early, correct?
MS. ALBERT: Yes.
MR. YANNETTI: The plan was for him to shovel or plow at 3:00 a.m.?
MS. ALBERT: He was— from what I recall, he was on standby for, like, three. It could have been any time after that.
MR. YANNETTI: Oh, I see. So it could have been that he had to get up at 3, or maybe a little bit later, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And it was for that reason that when he was at the Waterfall with you, he only had a couple of drinks, correct?
MS. ALBERT: From what I remember, yes.
MR. YANNETTI: And from the beginning of the night, you knew that it was going to be iffy as to whether he would be able to get much sleep at all, correct?
MS. ALBERT: It wasn't really something we discussed.
MR. YANNETTI: Well, the reason he was going home early and only having a couple of drinks was to see if he could catch some sleep before what would be a very difficult work morning, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And you knew that in order for him to get any sleep, he couldn't stay at the Waterfall very long, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And that's why he left early?
MS. ALBERT: Yes.
MR. YANNETTI: He went home to rest?
MS. ALBERT: I— we didn't speak about whether or not he would be sleeping.
MR. YANNETTI: It wouldn't shock you if he tried to go to sleep?
MS. ALBERT: No, it wouldn't.
MR. YANNETTI: No, it wouldn't. You stayed, believing that Tristin was going to try and rest and sleep, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And the plan when he left you was that you wouldn't see him again until after he was done with his plowing that morning, correct?
MS. ALBERT: That's incorrect.
MR. YANNETTI: Okay. So is it your testimony that the plan from the beginning was that Tristin was going to drive from Canton to Easton and get some rest, and then drive from Easton to Canton to pick you up, so that he could take you back from Canton to Easton? That was the plan?
MS. ALBERT: It may not have been set in stone, but it was definitely spoken about, and then that's what ended up happening.
MR. YANNETTI: Have you ever told anyone that before, Miss Albert — that the plan from the start of the night was that Tristin was going to make four trips total — from Canton to Easton, Easton to Canton, Canton to Easton? Have you ever told anyone that before?
MS. ALBERT: I don't remember if I mentioned that to anybody.
MR. YANNETTI: That was the first time you've ever said that — just now, before this jury — would you agree with that?
MS. ALBERT: I believe so.
MR. YANNETTI: Almost two and a half years after January 29th, correct?
MS. ALBERT: Correct.
MR. YANNETTI: Isn't it true that you decided at 1:45 in the morning that it was important for you to get home?
MS. ALBERT: At 1:45 — around that time — is when Tristin picked me up, um, a little bit after that. But I didn't want to get snowed in at my parents' house.
MR. YANNETTI: It was important for you to leave 34 Fairview, correct?
MS. ALBERT: I wouldn't say "important," um, but it was something that I wanted to do.
MR. YANNETTI: It was important enough for you to leave, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And you made the decision to have Tristin drive from Easton to Canton to pick you up, correct?
MS. ALBERT: Yes.
MR. YANNETTI: How far is it from Easton to Canton?
MS. ALBERT: From our apartment in Easton to 34 Fairview Road is about 18, 19 minutes.
MR. YANNETTI: Okay. And that's when there's not a snowstorm outside, correct?
MS. ALBERT: Correct.
MR. YANNETTI: Of course. In a major snowstorm, you certainly can't drive as carefree as you can when you're driving in good road conditions, correct?
MS. ALBERT: Right.
MR. YANNETTI: And your boyfriend was making that trip multiple times that night, correct?
MS. ALBERT: Yes.
MR. YANNETTI: When Tristin picked you up at 1:45 a.m., did you bring Chloe out of the house with you to take to your apartment?
MS. ALBERT: No.
MR. YANNETTI: Okay. On January 29th of 2022, you were there at your parents' house from around midnight until about 1:45 — a little bit after 1:45?
MS. ALBERT: Yes.
MR. YANNETTI: Okay. And during that span of time — almost two hours — you never saw anyone pull up outside, correct?
MS. ALBERT: I personally did not, no.
MR. YANNETTI: And you personally did not look out the window either, correct?
MS. ALBERT: No, I did not.
MR. YANNETTI: And you personally never heard anything out of the ordinary outside, correct?
MS. ALBERT: That is correct.
MR. YANNETTI: Right. You never heard any yelling, correct?
MS. ALBERT: That is correct.
MR. YANNETTI: No screaming, correct?
MS. ALBERT: Correct.
MR. YANNETTI: Nothing smashing into anything else, correct?
MS. ALBERT: Correct.
MR. YANNETTI: No revving of tires, correct?
MS. ALBERT: Correct.
MR. YANNETTI: No noises outside, correct?
MS. ALBERT: Correct.
MR. YANNETTI: Nothing attracted your attention, correct?
MS. ALBERT: Correct.
MR. YANNETTI: You never saw any vehicle backup lights, correct?
MS. ALBERT: Correct.
MR. YANNETTI: You never saw any red lights outside, correct?
MS. ALBERT: Correct.
MR. LALLY: You heard zero evidence of anything that would lead you to conclude that there had been some type of car accident outside? ada: Objection.
JUDGE CANNONE: Sustained. You can ask it differently, Mr. Jackson.
MR. YANNETTI: You didn't hear a car accident?
JUDGE CANNONE: Jackson, ask it differently.
MR. YANNETTI: When you left 34 Fairview at 1:45, which door did you use?
MS. ALBERT: I think I walked out the front door.
MR. YANNETTI: And the front door— um, can I have— with the Court's permission— may I display? Do you recognize Exhibit 66 as being a depiction of your house?
MS. ALBERT: Yes.
MR. YANNETTI: The front door to your home — there are actually two of them, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And when— but when you say "the front door—" You're referring to the door that's lit up in that photo?
MS. ALBERT: Yes.
MR. YANNETTI: Can take that off the screen. I'd like to ask you some questions about what you saw or didn't see within the first couple of seconds while you were stepping outside. Coming out the front door of your house, you would agree with me that your parents' front lawn is directly in front of you?
MS. ALBERT: Correct. Yes.
MR. YANNETTI: By that time snow had started to accumulate at 1:45 a.m.?
MS. ALBERT: Correct. Yes.
MR. YANNETTI: Against that white snow, did you see a black baseball cap?
MS. ALBERT: I did not.
MR. YANNETTI: As you stepped out of the house, did you see a black sneaker?
MS. ALBERT: I did not.
MR. YANNETTI: Did you see 45 pieces of red tail light plastic?
MS. ALBERT: I did not. No.
MR. YANNETTI: Did you see one piece of red tail light plastic?
MS. ALBERT: I did not.
MR. YANNETTI: Did you see a 6'2" man on your parents' front lawn in front of you? Jackson? Did you?
MS. ALBERT: I did not.
MR. YANNETTI: You saw nothing unusual on that front lawn of your parents' home, did you?
MS. ALBERT: I did not.
MR. YANNETTI: Now, Tristin had parked in the driveway?
MS. ALBERT: I believe so.
MR. YANNETTI: And when I say Tristin, I'm referring to Tristin Morris, who was your boyfriend?
MS. ALBERT: Right. Yes.
MR. YANNETTI: As you face the house, that driveway is to the right?
MS. ALBERT: Correct. Yes.
MR. YANNETTI: And as you're coming out of the house, the driveway is to the left, which makes sense?
MS. ALBERT: Right. Yes.
MR. YANNETTI: Where in the driveway was Tristin Morris parked?
MS. ALBERT: I don't remember if he was on the left — I — my guess would be the left side of the driveway, 'cause that would have been closest to me walking out of the house. But I — I can't say for sure exactly where he was parked in the driveway.
MR. YANNETTI: Okay, in any case you walked to his vehicle?
MS. ALBERT: Correct. Yes.
MR. YANNETTI: And actually, when I say "his vehicle," it was actually your vehicle?
MS. ALBERT: Correct. That was the Jeep that I had at that time. Yes.
MR. YANNETTI: And as you were walking to that vehicle, you would agree with me there were no obstructions between you and your parents' front lawn?
MS. ALBERT: Correct.
MR. YANNETTI: And as you were walking to that vehicle, again — no baseball hat, no sneaker, no pieces of red tail light, and no 6'2" man — did you see on your parents' front lawn?
MS. ALBERT: Correct. Correct.
MR. YANNETTI: And there were no — um, strike that. After you got into the vehicle, you got into the passenger side?
MS. ALBERT: Yes.
MR. YANNETTI: Because you had been drinking that night?
MS. ALBERT: Correct. Yes.
MR. YANNETTI: And it wouldn't have made sense for you to drive home to Easton?
MS. ALBERT: Correct. Correct.
MR. YANNETTI: So Tristin Morris backed his — or your — Jeep out of the driveway?
MS. ALBERT: Correct. Yes.
MR. YANNETTI: And the tail end of that Jeep when he backed out would have gone toward Cedarcrest?
MS. ALBERT: Correct. Correct.
MR. YANNETTI: Which would mean that the car was now facing toward the Chapman Street side?
MS. ALBERT: Correct. Yes.
MR. YANNETTI: And that would mean that your Jeep, being driven by Tristin, would have driven directly by your parents' full property line?
MS. ALBERT: Correct. Correct.
MR. YANNETTI: And you were on the passenger side of the car?
MS. ALBERT: Correct. Correct.
MR. YANNETTI: The passenger side was closest to your parents' front lawn as you were driving away?
MS. ALBERT: Correct. Yes.
MR. YANNETTI: And you drove past the front lawn?
MS. ALBERT: Correct. Yes.
MR. YANNETTI: You drove past the flagpole?
MS. ALBERT: Correct. Yes.
MR. YANNETTI: And in all that time, from when Tristin Morris pulled out of the driveway and drove right by your parents' front lawn, you never saw anything of the things that I previously asked you about?
MS. ALBERT: Correct. I did not. But I also was not looking.
MR. YANNETTI: You saw no baseball hat, no sneaker, no pieces of red plastic, and no 6'2" man?
MS. ALBERT: Correct. But I also was not looking out my window.
MR. YANNETTI: Okay, let me ask you this — did anybody in this courtroom ask you if you were looking out your window?
JUDGE CANNONE: Jackson. Sustained.
MR. YANNETTI: That was an answer to a question that nobody asked you.
JUDGE CANNONE: Correct. Jackson, sustained.
MR. YANNETTI: Now, at this point you would agree with me that you've essentially circled your parents' front lawn?
MS. ALBERT: Right. Yes.
MR. YANNETTI: You came out the front door and were facing the front lawn?
MS. ALBERT: Correct. Correct.
MR. YANNETTI: Then you're walking to the left, which means that the front lawn is to your right?
MS. ALBERT: Correct. Correct.
MR. YANNETTI: Then you're backing up out of the driveway, which means the front lawn is still to your left?
MS. ALBERT: Correct. Correct.
MR. YANNETTI: And when Tristin — when Tristin Morris pulls the car such that the car is now operating parallel to your front lawn, now the front lawn's to your right?
MS. ALBERT: Correct. Correct.
MR. YANNETTI: And with regard to all of that time that you were circling that front lawn, you never saw anybody or anything out of the ordinary on that lawn?
MS. ALBERT: Correct. I did not.
MR. YANNETTI: And you also didn't see any tire tracks in the snow, did you?
MS. ALBERT: Not that I can remember.
MR. YANNETTI: I have a moment.
JUDGE CANNONE: Yes? Questions? Thank you. Okay.
MR. LALLY: Yes. Sure. Good morning.
MS. ALBERT: Good morning.
MR. LALLY: Turn your attention back to yesterday. You were asked questions about Courtney Proctor — is that right?
MS. ALBERT: Yes.
MR. LALLY: And you were asked about whether or not you met her kids, and you said once. Can you explain that?
MS. ALBERT: From what I can remember, um, I think — I forget exactly where I was — but my Aunt Julie Albert had pulled up in her car and I was talking to her, and she had had the two kids in her back seat. Um, I — I think she may have been babysitting them. Um, I didn't ask for specifics. But she rolled down the back window and that's when I met the two kids, and that was it.
MR. LALLY: Okay, about how many years ago was that?
MS. ALBERT: I can't say for sure, but definitely like two or three years ago, maybe.
MR. LALLY: The one time where they were in the back of a car for a couple minutes, years ago?
MS. ALBERT: Yes.
MR. LALLY: Had you ever met Trooper Michael Proctor prior to the day that he came in — or that he conducted an interview with you?
MS. ALBERT: Never.
MR. LALLY: Now, as you were walking into the house, your testimony is that you saw Colin Albert walking out of the house — is that correct?
MS. ALBERT: Correct.
MR. LALLY: Without getting too much into it — as far as photographs of you on a high school track team, that would have been sometime prior to your graduation in 2014?
MS. ALBERT: Correct. Yes.
MR. LALLY: And about how many people were on your track — over 30, maybe?
MS. ALBERT: About 30.
MR. LALLY: Now, when you were at the house at 34 Fairview Road on the early morning of the 29th, your father Brian Albert and Brian Higgins were out of the room — being the kitchen and the dining area — for some period of time?
MS. ALBERT: Correct. Correct.
MR. LALLY: And about how long a period of time are we talking about?
MS. ALBERT: Minutes. I would say at most maybe like five minutes, at most.
MR. LALLY: Now, you were shown a drawing — essentially — in Exhibit 66 of your parents' house at 34 Fairview Road — up on the screen just now?
MS. ALBERT: Yes.
MR. LALLY: Have you ever seen that before — that exact photo?
MS. ALBERT: Um, I don't believe so.
MR. LALLY: You know whether or not that was even a photo, or — would you be surprised if that was some sort of drawing or rendering of the house?
MS. ALBERT: Yeah, I I can't say for sure, um, where that came from or — or what it is. I — I don't believe I've seen it before. Um, could you rephrase the question? Sorry.
MR. LALLY: That's fine. My other question is: did you happen to notice in that particular drawing that there were lights on near the front door and lights on near the garage — do you recall that?
MS. ALBERT: I did notice that. Yes.
MR. LALLY: Do you recall whether or not those lights were on — or those lights even exist — at the time that you were exiting the house on January 28th?
MS. ALBERT: I don't recall. Yeah, I can't say for sure if those lights were on.
MR. LALLY: Now, you were asked questions about exiting the house and coming over to Tristin's car — getting in — excuse me, your car that Tristin was driving — and then backing out of the driveway and driving away. At any point in time, did you look over to the unlit area on the left side of your parents' property near the flagpole?
MR. YANNETTI: Objection.
JUDGE CANNONE: Objection. Form the question differently, Mr. Lally.
MR. LALLY: When you walked out the front door, where was your attention directed?
MS. ALBERT: When I walked out the front door, I recall somewhat looking down, trying to make sure I didn't slip — the ground was completely covered with snow at that point — and then my direction was towards Tristin's car, so to the left. Then once I got in the car, I was turned again to the left, speaking with him for the majority of the first couple minutes of our car ride back home to Easton.
MR. LALLY: So when you exit the door, you come onto the brick steps?
MS. ALBERT: Correct. Yes.
MR. LALLY: And the brick steps are covered in snow at that point?
MS. ALBERT: Yes.
MR. LALLY: Do you recall what you were wearing on your feet — were they high heels, flats?
MS. ALBERT: I — I think I had high heel — like boots on, something of that nature.
MR. LALLY: You're walking down the brick steps that are covered in snow in high heel boots?
MS. ALBERT: Correct. Yes.
MR. LALLY: And then you're walking over to your car and getting in the passenger side?
MS. ALBERT: Correct. Yes.
MR. LALLY: And at any point in time — did you — at any point in time in any of the sequence — have any reason to look over to the front yard area of your parents' home in the area of the platform?
MS. ALBERT: I did not.
MR. LALLY: And then you get in the car and you're driving away and you're talking to Tristin — is that correct?
MS. ALBERT: Yes.
MR. LALLY: And so Tristin is driving, you're in the passenger seat — is that correct?
MS. ALBERT: Yes.
MR. LALLY: So you're looking at him but away from the front lawn as you're driving away?
MS. ALBERT: Correct. Yes.
MR. YANNETTI: [unintelligible] Briefly, Judge?
JUDGE CANNONE: Okay.
MR. YANNETTI: You just testified that the one time that you saw Courtney Proctor's kids, they were with your Aunt Julie Albert?
MS. ALBERT: Correct. Yes.
MR. YANNETTI: And you just testified that that was about two or three years ago?
MS. ALBERT: Correct. That was an estimate. I can't say — for sure. But yes, it wasn't ten years ago.
MR. YANNETTI: No. Two or three years ago to right now — it's May 14th of 2024. Two years ago would be May 14th of 2022 —
MS. ALBERT: Yes.
MR. YANNETTI: — three years ago would have been May 14th of 2021, correct?
MS. ALBERT: Correct.
MR. YANNETTI: Nothing further.