Commonwealth v. Read — Trial ArchiveCaitlin Albert — Cross/Redirect/Recross
638 linesP R O C E E D I N G S May 14, 2024
(Court in session at 9:04 a.m.)
(Defendant present. Jury not present.)
COURT CLERK: Commonwealth versus Karen Read, 22-117. Counsel.
MR. LALLY: Adam Lally, for the Commonwealth. Good morning, Your Honor.
JUDGE CANNONE: Good morning, Mr. Lally.
MS. MCLAUGHLIN: Good morning, Your Honor. Laura McLaughlin, for the Commonwealth.
JUDGE CANNONE: Good morning, Ms. McLaughlin.
MR. JACKSON: Good morning, Your Honor. Alan Jackson, for Ms. Read.
JUDGE CANNONE: Good morning, Mr. Jackson.
MS. LITTLE: Good morning, Your Honor. Elizabeth Little, also on behalf of Ms. Read.
JUDGE CANNONE: Good morning, Ms. Little.
MR. YANNETTI: Good morning, Your Honor. David Yannetti, for Karen Read.
JUDGE CANNONE: Good morning, Mr. Yannetti. Good morning, Ms. 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.
MR. YANNETTI: Okay. 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 we need to define the parameters. When there are objections, they will either be sustained or overruled.
MR. YANNETTI: Okay.
JUDGE CANNONE: Okay.
MR. YANNETTI: Your Honor, there is one other thing that we need to put on the record.
JUDGE CANNONE: Nobody told me that. All right. Why don't you come up here at sidebar.
(Whereupon, there is a sidebar conference as follows:)
JUDGE CANNONE: It's just easier with them on their way.
MR. YANNETTI: I understand.
JUDGE CANNONE: They are coming in now.
MR. YANNETTI: It may be appropriate to do this at sidebar, anyway. Your Honor, from the defense's perspective, there was some troubling testimony yesterday from Brian Albert. You will recall at a prior sidebar, I -- we had broken for the day at one point, and I --
JUDGE CANNONE: Shouldn't Mr. Jackson discuss any problems with the witness that he cross-examined?
MR. YANNETTI: You'd like to hear from Mr. Jackson?
JUDGE CANNONE: Unless there is something regarding --
MR. JACKSON: The only issue that was trouble to us that needs to be addressed and can be addressed in very short order --
JUDGE CANNONE: You can bring them in.
MR. JACKSON: I think it can be addressed in very short order. During Mr. Albert's testimony, he indicated that while he was a sworn witness that he had communications during the break with the Commonwealth. We want to make sure that that is -- we believe that that is completely inappropriate. We want to make sure that that does not continue to happen. It happened once. He admitted to it. I don't think there is proper protocol. Mr. Yannetti agrees with me. We just want to make sure we address it on the record and ask that the Court order the Commonwealth to respect the same parameters that we respect. If there is a witness that's under oath and in the middle of cross- examination or direct examination that that witness not be addressed or dealt with --
JUDGE CANNONE: Do you want to say anything, Mr. Lally?
MR. LALLY: Your Honor, the only thing that I would ever discuss with a witness while they are on the stand is as far as scheduling, as far as how much time, I expect them to be on the stand. I may advise as to an area on redirect but not specific questions as far as what I am going to ask or anything along those lines. So I didn't think there would be any problem as pertains to this witness or anybody.
MR. JACKSON: I don't want to cast dispersions, and I don't assign malintent to Mr. Lally at all. It's the second category that's completely inappropriate. You can't talk to a witness about what you expect them to do, them to testify to, what you expect to ask them.
JUDGE CANNONE: So I don't know whether that's right or not. It sounds right to me. But before I make an order to the Commonwealth, I need to look at the rules.
MR. JACKSON: Of course.
JUDGE CANNONE: All right. Thank you.
MR. JACKSON: Thank you, Your Honor.
(Whereupon, the sidebar conference concluded.)
(Whereupon, the jury is escorted into the courtroom and seated in the jury box at 9:07 a.m.)
JUDGE CANNONE: Good morning, jurors. 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? Everyone said "yes" or nodded affirmatively. Did anyone happen to see, hear or read anything about this case since we left yesterday?
JUDGE CANNONE: Everyone said "no" or shook their heads. All right. Can we bring Ms. Albert back in, please?
Whereupon, CAITLIN ALBERT, Resuming having been first duly sworn, was examined and testified as follows:
MR. YANNETTI: May I proceed, Your Honor?
JUDGE CANNONE: Sure. CONTINUED DIRECT EXAMINATION
BY MR. YANNETTI:
MR. YANNETTI: Good morning, Ms. Albert.
MS. ALBERT: Good morning.
MR. YANNETTI: Ms. Albert, I'd like to go back to a discussion of Katie McLaughlin.
MS. ALBERT: Okay.
MR. YANNETTI: 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"?
MS. ALBERT: Correct.
MR. YANNETTI: Your response was not "she's a friend"?
MS. ALBERT: Correct.
MR. YANNETTI: 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.
MR. YANNETTI: Right. 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.
MR. YANNETTI: Right. So you referenced high school, correct?
MS. ALBERT: Yes.
MR. YANNETTI: 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 throughout the years, yes.
MR. YANNETTI: Is that because -- do you say that because the photographs are far and few between?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: All right.
BY MR. YANNETTI:
MR. YANNETTI: You wouldn't agree with me that there was not a three-year period prior to January 29th, 2022 where you didn't see Katie McLaughlin at all, correct?
MS. ALBERT: A three-year period?
MR. YANNETTI: Right.
MS. ALBERT: I can't say 100 percent "yes" to that, but I wouldn't be surprised if I had seen her at some point in time over the past couple of years before John O'Keefe's passing. Yeah. I would --
MR. YANNETTI: Seen her a couple of times? 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 of 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. It would not have been a surprise to me.
MR. YANNETTI: So you wouldn't 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 --
MR. YANNETTI: Ever in those three years?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
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: Okay. Go ahead and answer.
MS. ALBERT: Yes, we did.
BY MR. YANNETTI:
MR. YANNETTI: You were. Whose baby shower was it?
MS. ALBERT: It was a mutual friend of ours.
MR. YANNETTI: What is 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 shower, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Was there a photo taken?
MS. ALBERT: I believe so.
JUDGE CANNONE: Okay.
BY MR. YANNETTI:
MR. YANNETTI: But 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.
MR. YANNETTI: Okay. If you saw the photo, would that refresh your memory?
MS. ALBERT: Yeah.
MR. YANNETTI: May I approach?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: I'm showing you what has been marked --
JUDGE CANNONE: Just show her.
MR. YANNETTI: Sorry. I'm just going to identify this as for Identification for the record, Your Honor.
JUDGE CANNONE: Okay.
BY MR. YANNETTI:
MR. YANNETTI: I'm showing you what's been marked as -- could you take a look at that and look up at me when you're done?
MR. YANNETTI: May I approach?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: Having reviewed that photograph, Ms. 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 is 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.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
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 with. I didn't drive with her or go with her or invite her. But she has been there, yeah.
MR. YANNETTI: 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: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: You've gone to Maine with Katie McLaughlin, have you not?
MR. LALLY: Objection.
JUDGE CANNONE: We need a time frame, Mr. Yannetti, not just years.
MR. YANNETTI: Sure.
BY MR. YANNETTI:
MR. YANNETTI: Since high school, you've gone to Maine with Katie McLaughlin, correct?
MR. LALLY: Objection.
JUDGE CANNONE: I'll allow it. Did you go to Maine with her?
MS. ALBERT: I did. And the year would have been like 2015 or 2016.
BY MR. YANNETTI:
MR. YANNETTI: If I suggested it was July of 2016, would that make sense?
MS. ALBERT: That would sound about right. Yeah.
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.
BY MR. YANNETTI:
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, Your Honor?
JUDGE CANNONE: Yes.
(Whereupon, there was a sidebar conference as follows:)
MR. YANNETTI: I don't understand why I'm not allowed to fully explore the relationship between Katie McLaughlin and Caitlin Albert.
JUDGE CANNONE: Because you already got what's relevant. So you don't have to understand more than that, Mr. Yannetti. I sustain the objection.
MR. YANNETTI: Your Honor, to understand the Court's ruling, you are now prohibiting me from asking about any other specific instances where they've been together over the last 10 years and the extent of their relationship because that's what I'm being prohibited from doing right now. I am being prohibited from exploring just how close they were.
JUDGE CANNONE: I'll sustain that objection. So you can ask questions and I'll sustain or I'll overrule the objections.
(Whereupon, the sidebar conference concluded.)
BY MR. YANNETTI:
MR. YANNETTI: You'd 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.
MR. YANNETTI: Right. Probably four hours away?
MS. ALBERT: I'm not sure how long it took to get up there.
MR. YANNETTI: It wasn't 10 minutes away, right?
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: Yup.
MR. YANNETTI: With Katie McLaughlin, correct?
MS. ALBERT: Yes, as well as a bunch of other friends.
MR. YANNETTI: Oh, of course. But the answer to my question is you were with Katie McLaughlin, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
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.
JUDGE CANNONE: Don't guess. Next question, Mr. Yannetti.
BY MR. YANNETTI:
MR. YANNETTI: You said "a beach." Does that mean that the two of you only go to one particular beach?
MS. ALBERT: No.
MR. YANNETTI: No. 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: Mr. Yannetti, you can show her a photograph.
MR. YANNETTI: Thank you. If I may approach?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: Again, I'm showing you "S" for Identification, one particular photo in "S." If you'd take a look at that and look up at me when you're done?
MS. ALBERT: (Witness complies.)
MR. YANNETTI: Does that refresh your memory?
MS. ALBERT: Yes.
MR. YANNETTI: That particular photo that I showed you of "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 on the Cape.
MR. YANNETTI: And Katie McLaughlin is in that photo, correct?
MS. ALBERT: Yes, along with a bunch of other friends.
MR. YANNETTI: Of course there are other friends. But you are --
JUDGE CANNONE: Mr. Yannetti, please no more, please.
MR. YANNETTI: Of course, Your Honor.
BY MR. YANNETTI:
MR. YANNETTI: With regard to that photo, once again, you are right next to Katie McLaughlin, were you not, right in back of her?
MS. ALBERT: She is in front of me, yes. And the mutual friends that I already said that we have are also in the photo.
MR. YANNETTI: Of course. Let me ask you this --
JUDGE CANNONE: Jurors, I'm going to strike that "of course."
BY MR. YANNETTI:
MR. YANNETTI: 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 courtroom?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: You added that to your answer, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Can you answer that?
MS. ALBERT: Yes.
BY MR. YANNETTI:
MR. YANNETTI: Who are your college roommates?
MS. ALBERT: I --
MR. LALLY: Objection.
JUDGE CANNONE: I'm sorry. I didn't hear the question.
BY MR. YANNETTI:
MR. YANNETTI: Who were your college roommates?
JUDGE CANNONE: That's sustained.
BY MR. YANNETTI:
MR. YANNETTI: How many college roommates did you have?
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: Fair to say that Katie McLaughlin 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 McLaughlin were with, correct?
MS. ALBERT: I had multiple college roommates at that time and two of them were the mutual friend that Katie and I share.
MR. YANNETTI: And, in fact, there was an occasion where you were in a kitchen with your two college roommates and one other person, correct?
MR. LALLY: Objection.
JUDGE CANNONE: We need a time frame, Mr. Yannetti.
MR. YANNETTI: Sure.
BY MR. YANNETTI:
MR. YANNETTI: That was around 2016; was it not?
MS. ALBERT: That sounds about right, yes.
MR. YANNETTI: And do you recall which college roommates they were?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: And someone took a photo of you, your two college roommates and one other person, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: In 2016?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: May we approach?
JUDGE CANNONE: Okay.
(Whereupon, there was a sidebar conference as follows:)
MR. YANNETTI: Why is that not admissible?
JUDGE CANNONE: I'm not here to answer your questions, Mr. Yannetti.
MR. YANNETTI: Your Honor, I would ask the Court to put on the record why this is being disallowed in light of the case law that supports a constitutional right to explore the bias of a witness. I believe I'm entitled to that.
JUDGE CANNONE: So you can explore bias. This is cumulative. She has already testified to it.
MR. YANNETTI: She has not testified.
JUDGE CANNONE: She just said that she was with her two college roommates.
MR. YANNETTI: Why am I not allowed to explore that Katie McLaughlin is the only one with her and her two college roommates? Why can't I answer that question? I haven't even offered the photos yet.
JUDGE CANNONE: Do you have an objection to showing her this photograph?
MR. LALLY: I do. I don't see how any of this is relevant, and I don't understand how bias of this witness has anything to do with her relationship with Katie McLaughlin.
MR. YANNETTI: I'm not exploring the bias of this witness. I am exploring the bias of Katie McLaughlin. The case law is clear that it rises to a constitutional level under Article 12 and the Sixth Amendment. The case law is clear that not only -- all the defense needs to do is demonstrate the possibility of bias and then and then extrinsic evidence is admissible. There is case law directly on point. I can get the case for you at counsel table. And right now, I'm trying to explore extrinsic evidence, and I'm being denied by this Court. That's why I'm pushing so hard. She has changed, Katie McLaughlin changed, her testimony. She admitted that she changed her testimony. She admitted that she changed it after finding out that the Alberts lived in that home. This witness has already contradicted her testimony in multiple ways, and I'm trying to explore the nature of their relationship that she minimized. It's also very concerning to me that when asked who Katie McLaughlin was, she's using the identical language that Katie McLaughlin used. Nobody asked her, not Mr. Jackson, not me, whether they were close friends. And they both said, we're not close friends. Your Honor, I don't have a lot more on this topic but I will be offering these photos and, at a minimum, I should be able to demonstrate that it's not the large groups solely, because that's what she's saying. Every time I ask her if she's with Katie, she talks about the mutual friends.
JUDGE CANNONE: Show her that photo. Question that photo and then move on.
(Whereupon, the sidebar conference concluded.)
MR. YANNETTI: May I approach?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: I'm showing you another photo from "S" for Identification, ma'am. If you would look at that and look at me when you're done?
MS. ALBERT: (Witness complies.)
MR. YANNETTI: Who is in that photo?
MS. ALBERT: Myself, two of my college roommates and Katie McLaughlin.
MR. YANNETTI: Okay. So Katie McLaughlin is the only one in that photo who is not one of your roommates, correct?
MS. ALBERT: Yes.
MR. YANNETTI: 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?
MR. LALLY: Objection.
JUDGE CANNONE: Ask the question differently. That is sustained in that form.
MR. YANNETTI: Thank you, Your Honor.
BY MR. YANNETTI:
MR. YANNETTI: Did you expect -- by the way, whose kitchen is that?
MS. ALBERT: It was the college house I lived in.
MR. YANNETTI: So your kitchen?
MS. ALBERT: The house we were renting, yes.
MR. YANNETTI: You lived in that kitchen?
MS. ALBERT: Yes.
MR. YANNETTI: And Katie McLaughlin is in your kitchen, correct?
MS. ALBERT: Yes.
MR. YANNETTI: Who invited Katie that day?
MS. ALBERT: 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 are not close friends with her at all, correct?
MS. ALBERT: I am not.
MR. YANNETTI: In fact, you don't really like her very much, do you?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: You guys were teammates on the track or cross- country team back in high school, correct?
MS. ALBERT: I don't recall that actually. We could have been. I'm not sure.
MR. YANNETTI: If I may approach?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: Once again, I place "S" for Identification before you, ma'am. If you'd look at the first page and then the second page.
MS. ALBERT: (Witness complies.)
MR. YANNETTI: If I may approach?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: Having reviewed those two pages, does that refresh your memory about your teammate, Katie McLaughlin?
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. YANNETTI: Your Honor, I would offer the photos that are in "S" for Identification as full exhibits in this trial at this point.
MR. LALLY: Objection.
JUDGE CANNONE: The objection is sustained. You should put those back up with the clerk, Mr. Yannetti.
MR. YANNETTI: Will do.
BY MR. YANNETTI:
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 9th of 2022 after you got there, correct?
MS. ALBERT: Again, I -- yes, because my parents were the first ones inside from what I remember.
MR. YANNETTI: All right. 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 will 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 were you there when Brian Higgins and your father, Brian Albert, were there?
MS. ALBERT: Inside the family room?
MR. YANNETTI: I'm talking about that whole night. When you were 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. If I had to estimate, I'd say an hour and a half.
MR. YANNETTI: Okay. So your testimony before this jury is 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: Okay. 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: From what I recall, he was on standby for like three. It could have been anytime after that.
MR. YANNETTI: Oh. I see. So it could have been that he had to get up at three 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. He went home to rest. 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: -- before working?
MS. ALBERT: No, it wouldn't
MR. YANNETTI: You stayed, believe that Tristin was going to try and rest and sleep, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And that 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 Tristan 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. Yes.
MR. YANNETTI: Have you ever told anyone that before, Ms. 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: It's 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, 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, but it was something that I wanted to do, yes.
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 through 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 is when there is 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?
MS. ALBERT: About a little bit after 1:45, 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.
MR. YANNETTI: No. 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?
MS. ALBERT: Correct.
MR. YANNETTI: Nothing smashing into anything else?
MS. ALBERT: Correct.
MR. YANNETTI: No revving of tires?
MS. ALBERT: Correct.
MR. YANNETTI: No noises outside?
MS. ALBERT: Correct.
MR. YANNETTI: Nothing attracted your attention?
MS. ALBERT: Correct.
MR. YANNETTI: You never saw any vehicle back-up lights?
MS. ALBERT: Correct.
MR. YANNETTI: You never saw any red lights outside?
MS. ALBERT: Correct.
MR. YANNETTI: You heard zero evidence of anything that would lead you to conclude that there had been some type of car accident outside?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained. You can ask it differently, Mr. Yannetti.
BY MR. YANNETTI:
MR. YANNETTI: You didn't hear a car accident?
MR. LALLY: Objection.
JUDGE CANNONE: Ask it differently.
BY MR. YANNETTI:
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 --
MR. YANNETTI: Could I have Exhibit 66, Mr. Bates? With the Court's permission, may that be displayed?
JUDGE CANNONE: Sure.
BY MR. YANNETTI:
MR. YANNETTI: 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: 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: You can take that off the screen.
MR. YANNETTI: 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, correct?
MS. ALBERT: Yes.
MR. YANNETTI: By that time, snow had started to accumulate at 1:45 a.m., correct?
MS. ALBERT: 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 taillight plastic?
MS. ALBERT: I did not.
MR. YANNETTI: Did you see one piece of red taillight plastic?
MS. ALBERT: I did not.
MR. YANNETTI: Did you see a six-foot-two man on your parents' front lawn in front of you?
MR. LALLY: Objection.
JUDGE CANNONE: Did you?
MS. ALBERT: I did not.
BY MR. YANNETTI:
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, correct?
MS. ALBERT: I believe so.
MR. YANNETTI: And, when I say "Tristin," I'm referring to Tristin Morris, who is your boyfriend, right?
MS. ALBERT: Yes.
MR. YANNETTI: As you faced the house, that driveway is to the right, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And, as you're coming out of the house, the driveway is to the left, which makes sense, right?
MS. ALBERT: Yes.
MR. YANNETTI: Where in the driveway was Tristin Morris parked?
MS. ALBERT: I don't remember if he was on the left -- my guess would be the left side of the driveway, because that would have been closest to me walking out of the house. But 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, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And, actually, when I say "his vehicle," it was actually your vehicle, right?
MS. ALBERT: Correct.
MR. YANNETTI: That was the Jeep that you had at that time?
MS. ALBERT: 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, correct?
MS. ALBERT: Correct.
MR. YANNETTI: And, as you were walking to that vehicle, again, no baseball hat, no sneaker, no pieces of red taillight and no six-foot-two man did you see on your parents' front lawn, correct?
MS. ALBERT: Correct.
MR. YANNETTI: And there were no -- 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, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And it wouldn't have made sense for you to drive home to Easton, correct?
MS. ALBERT: Correct.
MR. YANNETTI: So Tristin Morris backed his or your Jeep out of the driveway, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And the tail end of that Jeep when he backed out would have gone toward Cedarcrest, correct?
MS. ALBERT: Correct.
MR. YANNETTI: Which would mean that the car was now facing toward the Chapman Street side, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And that would mean that your Jeep, being driven by Tristin, would have driven directly by your parents' full property line, correct?
MS. ALBERT: Correct.
MR. YANNETTI: And you were on the passenger side of the car, correct?
MS. ALBERT: Correct.
MR. YANNETTI: The passenger side was closest to your parents' front lawn as you were driving away, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And you drove past the front lawn, correct?
MS. ALBERT: Yes.
MR. YANNETTI: You drove past the flagpole, correct?
MS. ALBERT: 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 any of the things that I previously asked you about, correct?
MS. ALBERT: 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 six-foot-two man, correct?
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?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: That was in answer to a question that nobody asked you, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: Now, at this point, you would agree with me that you've essentially circled your parents' front lawn, right?
MS. ALBERT: Yes.
MR. YANNETTI: Yeah. You came out the front door and were facing the front lawn, correct?
MS. ALBERT: Correct.
MR. YANNETTI: Then you're walking to the left, which means that the front lawn is to your right, correct?
MS. ALBERT: Correct.
MR. YANNETTI: Then you're backing up out of the driveway, which means the front lawn is still to your left, correct?
MS. ALBERT: Correct.
MR. YANNETTI: And, when Tristin Morris pulls the car such that the car is now operating parallel to your front lawn, now the front lawn is to your right, correct?
MS. ALBERT: 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, correct?
MS. ALBERT: 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: If I may have a moment?
JUDGE CANNONE: Yes.
MR. YANNETTI: No further questions. Thank you.
JUDGE CANNONE: Okay. Mr. Lally?
MR. LALLY: Yes, Your Honor.
REDIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good morning, ma'am.
MS. ALBERT: Good morning.
MR. LALLY: Now, turning your attention back to yesterday, you were asked some questions about Courtney Proctor; is that right?
MS. ALBERT: Yes.
MR. LALLY: Okay. 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, 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. I think she may have been babysitting them. 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: So one time while they were in the back seat of a car for a couple minutes years ago?
MS. ALBERT: Yes.
MR. LALLY: Okay. Had you ever met 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 of 2014, correct?
MS. ALBERT: Yes.
MR. LALLY: And about how many people were on your track team?
MS. ALBERT: Over 30, maybe. 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, correct?
MS. ALBERT: 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: Had you ever seen that before?
MS. ALBERT: That exact photo? I don't believe so.
MR. LALLY: Do 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 can't say for sure where that came from or what it is. I don't believe I've seen it before. Could you rephrase the question? Sorry.
MR. LALLY: Sure. 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 if those lights even exist at the time you were exiting the house of January 28th?
MS. ALBERT: I don't recall. I can't say for sure if those lights were on.
MR. LALLY: Now, you were asked some questions about exiting the house and coming over to Tristin's car -- 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 to -- objection.
JUDGE CANNONE: To the form of the question? You can ask another question.
MR. LALLY: Sure.
BY 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 of minutes of our car ride back home to Easton.
MR. LALLY: So when you exit the door, you come onto the brick steps, correct?
MS. ALBERT: 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 think I had high heel like boots on. Something of that nature.
MR. LALLY: So you're walking down the brick steps that are covered in snow in high heel boots, correct?
MS. ALBERT: Yes.
MR. LALLY: And then you're walking over to your car and getting in the passenger side, correct?
MS. ALBERT: Yes.
MR. LALLY: And at any point in time did you -- at any point in time in any of this sequence, did you have any reason to look over to the front yard area of your parents home in the area of the flagpole?
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 and you're in the passenger seat; is that correct?
MS. ALBERT: Yes.
MR. LALLY: Okay. So you're looking at him but away from the front lawn as you are driving away, correct?
MS. ALBERT: Yes.
MR. LALLY: Nothing further.
MR. YANNETTI: Very briefly, Judge?
JUDGE CANNONE: Okay.
RECROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: Ma'am, you just testified that the one time that you saw Courtney Proctor's kids, they were with your aunt, Julie Albert, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And you just testified that that was about two or three years ago, correct?
MS. ALBERT: That was an estimate. I can't say for sure, but yes.
MR. YANNETTI: It wasn't 10 years ago?
MS. ALBERT: No.
MR. YANNETTI: Two or three years ago to right now it's May 14th of 2024. Two years ago would have been 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.
JUDGE CANNONE: Okay. You are all set, Ms. Albert.
MS. ALBERT: Thank you.
(Whereupon, the witness is excused.)
JUDGE CANNONE: Mr. Lally, who is your next witness?
MR. LALLY: Yes, Your Honor. The Commonwealth would call Mr. Tristin Morris to the stand.