Commonwealth v. Read — Trial ArchiveJulie Nagel - Cross (Part 1)
519 linesMR. YANNETTI: Good afternoon, Miss Nagel.
MS. NAGEL: Good afternoon.
MR. YANNETTI: On January 28th of 2022, you got to 34 Fairview Road at about 6:00 or 7:00 p.m., correct? And you didn't leave until 1:30 or 2:00 a.m., correct?
MS. NAGEL: 1:45, around there, yeah.
MR. YANNETTI: Okay, so you were there approximately eight... ...hours?
MS. NAGEL: I'm not really sure about the math, but I guess so.
MR. YANNETTI: A lot of hours?
MS. NAGEL: Yep.
MR. YANNETTI: Other than the people who lived at the home and slept there, you were one of the ones to spend the most time there that night, correct?
MS. NAGEL: I'm not sure.
MR. YANNETTI: You got there... ...early, correct?
MS. NAGEL: Yes.
MR. YANNETTI: And you left late, correct?
MS. NAGEL: Yeah.
MR. YANNETTI: And you were inside almost the entire time, correct?
MS. NAGEL: Yes.
MR. YANNETTI: So you came in contact with just about everybody who came into that house, correct?
MS. NAGEL: Yes.
MR. YANNETTI: And you know that everyone who was in the house that night is a witness in this case, correct?
MS. NAGEL: Yes.
MR. YANNETTI: The only time you went outside before you left was when your brother Ryan arrived, correct?
MS. NAGEL: Yes.
MR. YANNETTI: And even when you went outside, you stayed on the Albert property, did you not?
MS. NAGEL: Yes, I did.
MR. YANNETTI: And you had some contact with your brother out there, correct?
MS. NAGEL: Yes.
MR. YANNETTI: And you know that he's a witness in this case as well, correct?
MS. NAGEL: I do, yes.
MR. YANNETTI: And... ...despite having contact with all of these witnesses in this case, Trooper Proctor didn't talk to you on January 29th, did he?
MS. NAGEL: No.
MR. YANNETTI: Or the rest of January, or the whole month of February, correct?
MS. NAGEL: Correct.
MR. YANNETTI: He didn't interview you about these statements that you're making today until October of 2022, correct?
MS. NAGEL: If that's what it says on paper, yeah.
MR. YANNETTI: October 5, 2022 — does that sound right?
MS. NAGEL: I don't know. It was many months after January 29th.
MR. YANNETTI: Correct. Over eight months after John O'Keefe was found dead on Brian Albert's lawn, correct?
MS. NAGEL: If that was the time frame, yes.
MR. YANNETTI: And when he spoke to you on October 5th, Trooper Proctor asked you for the first... ...time to remember the details from eight months before that, correct?
MS. NAGEL: If that was the time frame, yes.
MR. YANNETTI: And you are good friends with Sarah Levinson, correct?
MS. NAGEL: Yes.
MR. YANNETTI: Certainly, over the last two-plus years, the two of you have discussed what happened on January 28th and 29th, correct?
MS. NAGEL: Yeah.
MR. YANNETTI: And you know that Trooper Proctor only interviewed you after the defense in this case filed a motion to get Sarah Levinson's name from the DA's office?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained. Next question.
MR. YANNETTI: So you've known Brian Jr. since your sophomore, junior year, correct?
MS. NAGEL: Yes.
MR. YANNETTI: And you actually graduated Canton High School in 2016, correct?
MS. NAGEL: Correct.
MR. YANNETTI: But... ...you've known him since 2014 or '15?
MS. NAGEL: Yes, nine or ten years.
MR. YANNETTI: Yep. He's a good friend?
MS. NAGEL: Yes.
MR. YANNETTI: He's a close friend of yours, correct?
MS. NAGEL: Yes.
MR. YANNETTI: And on January 28th of 2022, you were one of a select group of his friends who went to his house to celebrate his birthday the following night, right?
MS. NAGEL: Yes.
MR. YANNETTI: And you don't go to somebody's house whom you graduated high school with ten years previously to celebrate their birthday if they're just an acquaintance, correct?
MS. NAGEL: I don't know.
JUDGE CANNONE: I'll let the witness — I'll let the answer stand.
MR. YANNETTI: When you got there, other than Sarah Levinson and yourself, everyone at the house was a member of the Albert family... ...correct?
MS. NAGEL: Can you rephrase the question, please?
MR. YANNETTI: Sure. You and Sarah Levinson are not actually Alberts, correct?
MS. NAGEL: Correct, yes.
MR. YANNETTI: Was everybody else at the house when you got there?
MS. NAGEL: No.
MR. YANNETTI: You named Brian Jr.?
MS. NAGEL: Correct, yes.
MR. YANNETTI: Julie Albert?
MS. NAGEL: I did not know her.
MR. YANNETTI: Nicole Albert?
MS. NAGEL: I did, yes.
MR. YANNETTI: Caitlin Albert?
MS. NAGEL: Yes.
MR. YANNETTI: Brian Albert Sr. — might have been there?
MS. NAGEL: Yes.
MR. YANNETTI: And you knew the Alberts well enough to know the names that we just discussed, correct?
MS. NAGEL: Yes.
MR. YANNETTI: And in addition to that, the McCabes were related to the Alberts, correct?
MS. NAGEL: Yes.
MR. YANNETTI: And you knew Jennifer and Matt McCabe before that night, right?
MS. NAGEL: I'm sorry, can you repeat that?
MR. YANNETTI: Yes. Before January 28th of 2022, you knew Jennifer and Matt McCabe?
MS. NAGEL: Yes.
MR. YANNETTI: You had been to their home before?
MS. NAGEL: Whose home?
MR. YANNETTI: The McCabes' home.
MS. NAGEL: Um, I don't recall.
MR. YANNETTI: You'd driven their daughters around, correct?
MS. NAGEL: I have, yes.
MR. YANNETTI: And you had actually pet-sat for the McCabes' golden doodle, correct?
MS. NAGEL: Correct, yes.
MR. YANNETTI: At their home?
MS. NAGEL: Yes.
MR. YANNETTI: And so the answer to my previous question is — certainly you've been to their home, correct?
MS. NAGEL: Yes.
MR. YANNETTI: And their golden doodle was named Bailey, correct?
MS. NAGEL: Yes.
MR. YANNETTI: In fact, you knew Jennifer McCabe well enough that you called her by a nickname, correct?
MS. NAGEL: Yes.
MR. YANNETTI: What was the nickname that you referred to Jennifer McCabe by?
MS. NAGEL: JJ.
MR. YANNETTI: And you knew that JJ was Nicole Albert's sister, correct?
MS. NAGEL: Yes.
MR. YANNETTI: Now, on the night of January 28th into the 29th, you saw Brian Albert Sr.... ...after he came back to 34 Fairview, correct?
MS. NAGEL: Yes.
MR. YANNETTI: You were on the first floor of that residence the whole night, were you not?
MS. NAGEL: Yes.
MR. YANNETTI: And you have a specific memory of Brian Albert Sr. walking Chloe through the first floor of that house, correct?
MS. NAGEL: Yes.
MR. YANNETTI: When Brian Albert Sr. was walking Chloe through the first floor of that house, he maintained control of Chloe's collar, did he not?
MS. NAGEL: He did, yes.
MR. YANNETTI: You like dogs, right?
MS. NAGEL: I do.
MR. YANNETTI: But you didn't pet Chloe, correct?
MS. NAGEL: I have, yes.
MR. YANNETTI: That night?
MS. NAGEL: No.
MR. YANNETTI: You've never pet-sat for Chloe, correct?
MS. NAGEL: No.
MR. YANNETTI: But you did hang out regularly at the Albert home for years because of your friendship with Brian Jr., correct?
MS. NAGEL: Yes.
MR. YANNETTI: Which meant that you have had contact with Chloe over the years, correct?
MS. NAGEL: Yes.
MR. YANNETTI: You would agree with me that Chloe is a very different dog than Bailey — than the McCabes' golden doodle — correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: Bailey is a friendly dog, is he not?
JUDGE CANNONE: Jackson — sustained.
MR. YANNETTI: Chloe is not friendly, correct?
JUDGE CANNONE: Jackson, I'll let you have that.
MS. NAGEL: Can you — can you repeat the question?
MR. YANNETTI: Yes. Chloe is not a friendly dog.
MS. NAGEL: I mean, I would say so, yeah.
MR. YANNETTI: It was clear to you that she is not good with people, correct?
MS. NAGEL: I'm not aware.
MR. YANNETTI: On January 28th and 29th, while you were in the kitchen/dining room area, you'll agree with me that there was music playing for most of the night...
MS. NAGEL: ...for a decent amount, yes.
MR. YANNETTI: And that area of the house has surround sound speakers?
MS. NAGEL: Yes.
MR. YANNETTI: Everybody was in a good mood, correct?
MS. NAGEL: Yes.
MR. YANNETTI: Talking?
MS. NAGEL: Yes.
MR. YANNETTI: Drinking?
MS. NAGEL: Yep.
MR. YANNETTI: Singing?
MS. NAGEL: I don't remember.
MR. YANNETTI: Dancing?
MS. NAGEL: Yeah.
MR. YANNETTI: And all the action was in the kitchen/dining room area, correct?
MS. NAGEL: Yes.
MR. YANNETTI: And that was where your attention was mainly focused, was it not?
MS. NAGEL: It was, yes.
MR. YANNETTI: Because that's where everybody was?
MS. NAGEL: Yes.
MR. YANNETTI: You were not monitoring the basement door, were you?
MS. NAGEL: No.
MR. YANNETTI: And you never went down to the basement, correct?
MS. NAGEL: No, I did not.
MR. YANNETTI: Prior to January 28th of 2022, you knew who Colin Albert was, correct?
MS. NAGEL: Yes.
MR. YANNETTI: You knew that he was your friend Brian Jr.'s first cousin, right?
MS. NAGEL: Correct.
MR. YANNETTI: When you were at 34 Fairview, you did see Colin there, correct?
MS. NAGEL: I did, yes.
MR. YANNETTI: You believe that he got there shortly after Nicole Albert, Caitlin Albert, and Julie Albert left the residence, correct?
MS. NAGEL: I — at some point, yeah.
MR. YANNETTI: And you say "at some point" — that's because you're not sure of the exact time when he got there, correct?
MS. NAGEL: Correct.
MR. YANNETTI: You're also not sure of the exact time when he left, correct?
MS. NAGEL: I would say 11:30, 11:45, around there.
MR. YANNETTI: He wasn't somebody who was important to you that night, was he?
MS. NAGEL: Not really, no.
MR. YANNETTI: You weren't paying attention to monitor when he came or when he left, were you?
MS. NAGEL: No. I said no.
MR. YANNETTI: You never physically watched him walk out the door, correct?
MS. NAGEL: I don't remember.
MR. YANNETTI: You can't even say which door he walked out, correct?
MS. NAGEL: I don't know.
MR. YANNETTI: You never saw him get picked up?
MS. NAGEL: I did not.
MR. YANNETTI: You never saw any car arrive for him?
MS. NAGEL: I don't know.
MR. YANNETTI: And you never saw how he got home?
MS. NAGEL: No.
MR. YANNETTI: Now, on January 29th of 2022, after midnight — your brother Ryan Nagel and you lived in the same home, correct? At the time?
MS. NAGEL: Yes.
MR. YANNETTI: At about 12:15 to 12:20, you texted your brother Ryan for a ride home, correct?
MS. NAGEL: If that's what the timestamp says, yes.
MR. YANNETTI: Do you have a screenshot of that text message somewhere?
MS. NAGEL: Yes.
MR. YANNETTI: Did you provide that to any investigator or assistant... ...district attorney?
MS. NAGEL: I don't remember.
MR. YANNETTI: You recall whether any assistant district attorney or investigator asked you for a copy of that text message?
MS. NAGEL: I don't know.
MR. YANNETTI: Is that text message still on your phone?
MS. NAGEL: I don't know.
MR. YANNETTI: Did you delete that text message?
MS. NAGEL: I don't know.
MR. YANNETTI: So let's move this along. When you texted Ryan that night, you were contacting him because you thought it was an appropriate time for you to leave, correct?
MS. NAGEL: Yeah.
MR. YANNETTI: How long did it take your brother Ryan to get to the Albert home after that text message?
MS. NAGEL: I don't know.
MR. YANNETTI: Was it an hour?
MS. NAGEL: I don't think so, no.
MR. YANNETTI: Was it a half hour?
MS. NAGEL: I do not know.
MR. YANNETTI: So you have no idea how long it took him to get there and... ...how long you stayed after you texted him, correct?
MS. NAGEL: I don't know, no.
MR. YANNETTI: By the time you're texting Ryan, Miss Nagel, how much do you think you would have had to drink since 6:00 or 7:00 p.m.?
MS. NAGEL: A decent amount.
MR. YANNETTI: Would you say that another word for it would be "a lot"?
MS. NAGEL: No.
MR. YANNETTI: What were you drinking that night?
MS. NAGEL: Michelob Ultras.
MR. YANNETTI: And how many did you have?
MS. NAGEL: I don't know. I don't remember.
MR. YANNETTI: Did you bring your own Ultras to the party?
MS. NAGEL: I don't know.
MR. YANNETTI: You don't remember whether you brought any beer to the party?
MS. NAGEL: I don't know.
MR. YANNETTI: Where was the beer?
MS. NAGEL: I either brought it or — I don't know. I don't remember. It was two and a half years ago.
MR. YANNETTI: Where was it within the home? In the...
MS. NAGEL: Fridge.
MR. YANNETTI: You have no memory of running out of beer that night, correct?
MS. NAGEL: I don't remember. No.
MR. YANNETTI: There appeared to be plenty of beer to go around, correct? For yourself?
MS. NAGEL: Yeah.
MR. YANNETTI: Um, between the time that you texted your brother Ryan and the time he arrived, it's fair to say that you changed your mind about going home with him, correct?
MS. NAGEL: Yes.
MR. YANNETTI: You changed your mind while you were still inside the Albert home, correct?
MS. NAGEL: I did not say that. No.
MR. YANNETTI: Well, I'm asking you now.
MS. NAGEL: No.
MR. YANNETTI: You changed your mind only after you left the residence and went out to talk to him?
MS. NAGEL: Yes.
MR. YANNETTI: You claimed on direct examination that he was the one that said, "Why don't you stay longer?"
MS. NAGEL: No, that's not what I said.
MR. YANNETTI: Who was it that said that you wanted to stay longer?
MS. NAGEL: Myself.
MR. YANNETTI: So you told him that you wanted to stay longer, correct?
MS. NAGEL: Yeah, I did.
MR. YANNETTI: And when you went outside, you learned that he had come in his friend— Rick— is it Ricky D'Antuono? How do you pronounce the name?
MS. NAGEL: It's, um, Ricky D'Antuono.
MR. YANNETTI: D'Antuono. Um, he— Ryan had come in Ricky D'Antuono's gray Ford F-150 truck, correct?
MS. NAGEL: I'm sorry, can you repeat that? I butchered that.
MR. YANNETTI: When you went outside, you saw that your brother Ryan was in Ricky D'Antuono's gray Ford F-150 truck, correct?
MS. NAGEL: Correct. Yes.
MR. YANNETTI: He was sitting in the front passenger seat of the truck, correct? Ryan—
MS. NAGEL: Yes.
MR. YANNETTI: The truck was parallel to the Alberts' residence, correct?
MS. NAGEL: Yes.
MR. YANNETTI: It was not parked in the driveway?
MS. NAGEL: No.
MR. YANNETTI: The truck was facing toward Chapman Street, going up the hill, correct?
MS. NAGEL: Yes.
MR. YANNETTI: So Ryan's seat would have been the closest to the property— right, passenger seat— I'm sorry, closest to the Albert home?
MS. NAGEL: Yes. Correct.
MR. YANNETTI: You walked down the driveway to get to the truck, correct?
MS. NAGEL: Yes.
MR. YANNETTI: Cav's SUV was in the driveway at that point, was it not?
MS. NAGEL: Yes.
MR. YANNETTI: And, uh, at that point— like, I want to go back if I can to when you were inside the house, because you had testified that when you were inside you looked out the window and you saw a different view, correct?
MS. NAGEL: I did. Yes.
MR. YANNETTI: That was the black SUV?
MS. NAGEL: Yes.
MR. YANNETTI: And you've testified that you saw that— from within the house, you saw that black SUV move two times, correct?
MS. NAGEL: Uh, more than two.
MR. YANNETTI: So it was at first parked near the mailbox?
MS. NAGEL: Yes.
MR. YANNETTI: And then you saw it move forward?
MS. NAGEL: Mm-hmm. Yes.
MR. YANNETTI: And then you saw it move forward again, to near the flagpole, correct?
MS. NAGEL: Yes.
MR. YANNETTI: And was there a third time that you saw it move?
MS. NAGEL: Um, I saw it pull up, stop, pull up again, stop, pull up again by the flagpole, stop. That's all I saw.
MR. YANNETTI: All right. And that was all while you were inside the house, correct?
MS. NAGEL: Correct. Yes.
MR. YANNETTI: When it was pulling up like that, Miss Nagel, um, it wasn't going 80 miles an hour, correct?
MS. NAGEL: Um, it was not. No.
MR. YANNETTI: It wasn't going 50 miles an hour, correct?
MS. NAGEL: I mean, I don't— I didn't have a radar gun on me, but no.
MR. YANNETTI: Uh, it was going at a safe speed, correct?
MS. NAGEL: Yeah.
MR. YANNETTI: Um, it wasn't going a very long distance, correct? Each time?
MS. NAGEL: No.
MR. YANNETTI: Just a matter of several feet, correct? Adjusting its position, just pulled up and stopped a few times?
MS. NAGEL: Right.
MR. YANNETTI: Uh, and as you saw it pull up and stop a few times from within the home, its direction was always forward, correct?
MS. NAGEL: From what I saw. Yes.
MR. YANNETTI: You never saw that car back up, correct?
MS. NAGEL: No.
MR. YANNETTI: You certainly never saw it speed at a crazy pace backwards, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: Now, I'd asked you about the text messages that you had with your friend Ryan— uh, and you could not recall whether any investigator or assistant district attorney asked you for screenshots of that, correct?
MS. NAGEL: My friend, or my brother?
MR. YANNETTI: Did I say "friend"?
MS. NAGEL: You did. Yes.
MR. YANNETTI: Thank you for correcting me. I did mean your brother Ryan. Thank you. Um, and I appreciate the fact that you're paying attention. At least one of us is.
MS. NAGEL: Yeah.
MR. YANNETTI: Um, so— I asked you about, uh, the screenshots of the text messages that you had with your brother Ryan, and whether any investigator or assistant district attorney had asked you for them, correct?
MS. NAGEL: I don't remember.
MR. YANNETTI: You don't remember. Right. Uh, but somebody did ask you for a screenshot, correct?
MS. NAGEL: Yes.
MR. YANNETTI: Who was that?
MS. NAGEL: JJ McCabe.
MR. YANNETTI: And by "JJ" you mean Jennifer McCabe, correct?
MS. NAGEL: Yes.
MR. YANNETTI: Uh, when JJ asked you— do you remember when it was that JJ— Jennifer McCabe— asked you for a copy of those screenshots?
MS. NAGEL: I do not remember. No.
MR. YANNETTI: Did you provide them to Jennifer McCabe?
MS. NAGEL: I did. Yes.
MR. YANNETTI: Uh, did Jennifer McCabe, when she asked you to provide her with those screenshots, claim that she was an investigator in this case? You can answer that.
MS. NAGEL: Do you mind repeating that, please?
MR. YANNETTI: When Jennifer McCabe— or, as you called her, JJ— asked you for screenshots of the text messages that you had with your brother Ryan, did Jennifer McCabe tell you that she was investigating this case?
MS. NAGEL: No.
MR. YANNETTI: And you have no memory of providing those screenshots to any investigator other than Jennifer McCabe, correct?
MS. NAGEL: I don't remember. No.
MR. YANNETTI: Okay. Now, when you're ultimately leaving the residence, it's about— I think you said 1:45 a.m.— is your best guess?
MS. NAGEL: Yes.
MR. YANNETTI: You walked out which door?
MS. NAGEL: The front door.
MR. YANNETTI: And that would be the one to the left— right, the real front door of the house?
MS. NAGEL: Yes. Correct.
MR. YANNETTI: Uh, that door faces right to the front lawn, correct?
MS. NAGEL: Yes.
MR. YANNETTI: Left with Jennifer McCabe, Matthew McCabe, and Sarah Levinson, correct?
MS. NAGEL: Correct.
MR. YANNETTI: And you all went out the same door correct?
MS. NAGEL: I know what door I went out. I don't know about— it could have been— I don't know if they went through the side, but yeah.
MR. YANNETTI: Fair to say that walking out the front door of that house, you saw no body on that front lawn in front of you, correct?
MS. NAGEL: Correct. No.
MR. YANNETTI: None of the other three people yelled out that they saw a body, correct?
MS. NAGEL: Correct.
MR. YANNETTI: You got into Jennifer McCabe's vehicle, correct?
MS. NAGEL: Yes.
MR. YANNETTI: And you were seated behind the driver, correct?
MS. NAGEL: Yes.
MR. YANNETTI: And the driver was Matthew McCabe, correct?
MS. NAGEL: Correct.
MR. YANNETTI: Jennifer McCabe was in the front passenger seat?
MS. NAGEL: Yes.
MR. YANNETTI: And Sarah Levinson was sitting next to you behind the front passenger, correct?
MS. NAGEL: Yes.
MR. YANNETTI: Matthew McCabe backed the car out of the driveway and then headed up toward Chapman Street, correct?
MS. NAGEL: Yes.
MR. YANNETTI: That meant that the passenger side of the vehicle was closest to the Albert home, correct?
MS. NAGEL: Yes.
MR. YANNETTI: So that meant that Sarah Levinson and Jennifer McCabe were in the seats that were closest to the Albert home, correct?
MS. NAGEL: I'm sorry, could you repeat that?
MR. YANNETTI: Sure. Um, as Matthew McCabe was driving that vehicle alongside the Albert property line, Jennifer McCabe in the front passenger seat and Sarah Levinson in the rear passenger seat were the closest two people to the Albert home, correct?
MS. NAGEL: Yes.
MR. YANNETTI: And as the car passed in front of the Albert home, you saw no tire tracks in the snow, correct?
MS. NAGEL: I don't remember. Right.
MR. YANNETTI: Um, you claim now to have seen a black object in the snow, correct?
MS. NAGEL: Yes.
MR. YANNETTI: Uh, "object" is the term that you use when you were finally interviewed about this matter, correct? A black object?
MS. NAGEL: Yes. Right.
MR. YANNETTI: Um, you never before ever told any investigator that what you actually saw was a black [unintelligible], correct?
MS. NAGEL: I don't remember.
MR. YANNETTI: And, uh, you also never ever told any investigator that this black object that you described was actually 5 or 6 feet long, correct?
MS. NAGEL: Correct. Yes.
MR. YANNETTI: The very first time you're now mentioning— this testimony— that this black object, as you describe it, was actually five or six feet long— —was just today, after 12 noon on May 14th of 2024, correct?
MS. NAGEL: Um, Lally asked me how big it was, so I just told them right now.
MR. YANNETTI: Yeah. When you say "Lally," you mean Mr. Lally, correct?
MS. NAGEL: Yes. Mr. Lally, correct. Yes.
MR. YANNETTI: Mr. Lally just asked you— during this trial, again— right before this jury— that's the first time you've ever been asked or ever given an answer as to how big that object was, correct?
MS. NAGEL: Not necessarily. No.
MR. YANNETTI: Did you review any report that was taken when the investigators spoke to you regarding this case before taking the stand today?
MS. NAGEL: No.
MR. YANNETTI: Um, you've never testified in a grand jury regarding this case, correct?
MS. NAGEL: Correct.
MR. YANNETTI: Um, you've never testified in any hearing regarding this case, correct?
MS. NAGEL: And— in this case, besides today? No.
MR. YANNETTI: And you would agree with me that it is nowhere on record that this black object that you talk about was ever five or six feet long prior to telling the jury that today?
MR. LALLY: Objection.
JUDGE CANNONE: You have to ask that differently, Mr. Jackson.
MR. YANNETTI: Today— this afternoon— is the first time that you've provided testimony or information to any official regarding this case that the object was five or six feet long.
MS. NAGEL: No. I'm sorry, no.
MR. YANNETTI: Who did you tell prior to today?
MS. NAGEL: How about— what?
MR. YANNETTI: Okay. I thought we were talking about the fact that you now testified that this black object was 5 or 6 feet long. You recall that? Today?
MS. NAGEL: Yes.
MR. YANNETTI: And my question to you was: you've never mentioned that this black object was 5 or 6 feet long until the last hour or so when Mr. Lally questioned you about it, correct?
MS. NAGEL: Yes.
MR. YANNETTI: Now, when you were passing the property, you did not think it was a body at the time?
MS. NAGEL: No.
MR. YANNETTI: Um, you claim that you told everyone in the car that you saw something, correct?
MS. NAGEL: Correct.
MR. YANNETTI: And your friend Sarah said "what" or something to that effect, correct?
MS. NAGEL: Correct.
MR. YANNETTI: And there was no further conversation after that, correct?
MS. NAGEL: Not that I can remember. No.
MR. YANNETTI: And you didn't think that it was a person who was in trouble, correct? Did you think that?
MS. NAGEL: At what time, Mr. Jackson?
MR. YANNETTI: Um, when you're leaving the property— after leaving the house at 1:45 a.m. and getting into the McCabe vehicle and passing the Albert lawn— you did not think that you saw a person who was— ...in trouble, correct?
MS. NAGEL: No.
MR. YANNETTI: Or a person that may have needed help, correct?
MS. NAGEL: I don't know.
MR. YANNETTI: And you were right there, correct, passing the property?
MS. NAGEL: I was passing the property, yes.
MR. YANNETTI: As close to the property as your friend Sarah Levinson, but you were in the back seat on the driver's side, correct?
MS. NAGEL: Correct.
MR. YANNETTI: And you were in a car such that if you thought that you saw something that could have been a person, all you had to do was tell the driver, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: Did you tell the driver that you saw somebody who was in trouble?
MS. NAGEL: Well, I said it out loud in the car.
MR. YANNETTI: Is it your testimony now that you said out loud in the car, "There's a person who's in trouble"?
MS. NAGEL: That's not what I said.
MR. YANNETTI: You didn't mention a person at all in the car, correct?
MS. NAGEL: No.
MR. YANNETTI: You did not tell Matthew McCabe, "Hey, stop the car," correct?
MS. NAGEL: I did not.
MR. YANNETTI: If you had seen a person in the snow lying there, you would have done something about it, correct?
MR. LALLY: Objection.
MR. YANNETTI: You didn't ask Matthew McCabe to stop?
MS. NAGEL: No.
MR. YANNETTI: You didn't ask him to back up?
MS. NAGEL: Nope.
MR. YANNETTI: You didn't ask him to check on whatever it was?
MS. NAGEL: No.
MR. YANNETTI: You had your phone with you, correct?
MS. NAGEL: Yeah.
MR. YANNETTI: Your phone was working, correct?
MS. NAGEL: I don't remember.
MR. YANNETTI: You used that phone to text your brother an hour and a half before. Are you testifying today that your phone was completely out of charge?
MS. NAGEL: I don't remember.
MR. YANNETTI: Did you text your good friend Brian Albert Jr. to tell him that you saw somebody lying on his front lawn?
MS. NAGEL: Did I text him?
MR. YANNETTI: Yes. That night, as you are supposedly seeing this black object — in the immediate aftermath of that, did you text Brian Albert Jr. to tell him about that black object?
MR. LALLY: Objection.
JUDGE CANNONE: That, in that form, is sustained. Ask a different question.
MR. YANNETTI: You had your friend Sarah Levinson with you, correct?
MS. NAGEL: I did, in the car, yes.
MR. YANNETTI: You knew she was a nurse, correct?
MS. NAGEL: Yeah.
MR. YANNETTI: You didn't tell your friend Sarah that you just saw somebody lying in the snow during a blizzard who might need some help, correct?
MS. NAGEL: I did not.
MR. YANNETTI: You knew that Brian Jr.'s father was a police officer, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Jackson, are you just about done with this line of questioning?
MR. YANNETTI: I'll give you a little bit more. A couple more questions.
JUDGE CANNONE: Go ahead.
MR. YANNETTI: You knew that he was a police officer, correct?
MS. NAGEL: Yes.
MR. YANNETTI: And obviously a first responder as a police officer, right?
MS. NAGEL: Yeah.
MR. YANNETTI: And you knew that that was Jennifer McCabe's brother-in-law, correct?
MS. NAGEL: Yes.
MR. YANNETTI: And Jennifer McCabe was in the car with you, correct?
MS. NAGEL: Yes.
MR. YANNETTI: You didn't tell Jennifer McCabe, or JJ, to call her brother-in-law, correct?
MS. NAGEL: No.
MR. YANNETTI: The fact of the matter is, you did nothing, right?
MS. NAGEL: Yeah.
MR. YANNETTI: And that's because you did not see a body on that lawn, correct? Is that true? Can you answer that?
MS. NAGEL: I'm sorry, can you repeat the question?
MR. YANNETTI: You didn't see a body on that lawn?
MS. NAGEL: I mean, I don't know what I saw, but I saw an object.
MR. YANNETTI: You were drinking for hours.
JUDGE CANNONE: Is that a question?
MR. YANNETTI: Yes. You were drinking for hours, is that correct?
MS. NAGEL: Yeah.
MR. YANNETTI: And you were intoxicated as you were leaving that home?
MR. LALLY: Objection.
MR. YANNETTI: Were you?
MS. NAGEL: Yes.
MR. YANNETTI: You were drunk, right?
MS. NAGEL: Some would say.
MR. YANNETTI: You would say?
MS. NAGEL: Yeah.
MR. YANNETTI: And you believe that, except for Matt McCabe, who was driving, everybody in the car was drunk, right?
MS. NAGEL: I don't know.
MR. YANNETTI: I'm going to let that answer go. You have previously — I'm sorry, strike that. You have previously given a statement indicating that you believe that everybody in that car except for Matthew McCabe was drunk. Do you deny that?
MS. NAGEL: I don't remember at this moment.
MR. YANNETTI: All right. You told investigators that when Brian Albert Jr. called you the next morning and you found out about the tragedy the previous night, you, quote, "put two and two together," correct?
MS. NAGEL: I did, yeah. Yes.
MR. YANNETTI: And when you put two and two together, you did not call the Canton Police, correct?
MS. NAGEL: I did not.
MR. YANNETTI: Not call the State Police, correct?
MS. NAGEL: Nope.
MR. YANNETTI: Not call the District Attorney's Office?
MS. NAGEL: No.
MR. YANNETTI: You would agree with me that you just sat on this revelation, correct?
MR. LALLY: Objection.
JUDGE CANNONE: That's sustained in that form.
PARENTHETICAL: [unidentified]
JUDGE CANNONE: : Sorry. Maybe we should approach. As counsel — we're still on the case, so why don't you come on up?
PARENTHETICAL: [unidentified]
JUDGE CANNONE: : [unintelligible]
PARENTHETICAL: [unidentified]
JUDGE CANNONE: : Goodbye.
PARENTHETICAL: [unidentified]
JUDGE CANNONE: : [unintelligible] Pre-session noise Please be seated. Bring them in. [You are unmuted.] All right, Commonwealth versus Karen Read, 22-117. Counsel?
MR. YANNETTI: And you were not interviewed by any investigator in January, February, March, or anytime over the spring or summer of 2022, correct?
MS. NAGEL: I don't remember the time frame, but not right after, no.
MR. YANNETTI: And when an investigator finally spoke to you, it was Michael Proctor, correct?
MS. NAGEL: Correct.
MR. YANNETTI: He was the one who took your statement on October 12th of 2022, correct?
MS. NAGEL: If that was the date and time, yes.
MR. YANNETTI: And that was over eight months after you were driving past the Albert home at around 2:00 a.m. while you were drunk and supposedly seeing some black object, correct? Before 2:00 a.m.?
MS. NAGEL: Yes.
MR. YANNETTI: And you know, Miss Nagel, that as of October of 2022, the defense in this case had publicly announced that there was a body on that —
MR. LALLY: Objection.
JUDGE CANNONE: That question's improper. I'm going to strike that question.
MR. YANNETTI: No further questions.
JUDGE CANNONE: All right. So we're going to take a break. I have to bring you back tomorrow. Okay?
MS. NAGEL: Okay.
JUDGE CANNONE: So, jurors, please do not discuss this case with anyone. Don't do any independent research or investigation into this case. If you happen to see, hear, or read anything about this case, please disregard it. Let us know if asked, and we'll see you tomorrow. Okay. Tomorrow is a full day.
COURT OFFICER: All rise for the court, please.
JUDGE CANNONE: You can stand. Okay, miss, you can stand, and then when the last juror goes...
MS. NAGEL: I can go. Okay. Thank you.
JUDGE CANNONE: You're welcome. Yes. Right. Tori, I haven't looked at this yet. Next time you do this, you can come in and we'll do it right now if you want. Okay.