Commonwealth v. Read — Trial ArchiveJulie Nagel — Cross (Part 1)
585 linesCROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: Good afternoon, Ms. 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.?
MS. NAGEL: Correct.
MR. YANNETTI: 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: Yup.
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? 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.
MR. YANNETTI: It was many months after January 29th, correct?
MS. NAGEL: Yes.
MR. YANNETTI: 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 5, 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 Sara Levinson, correct?
MS. NAGEL: Yes.
MR. YANNETTI: Certainly over the last, you know, 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 Michael Proctor only interviewed you after the defenses in this case filed a motion to get Sara Levinson's name from the D.A.'s office, correct?
MR. LALLY: Objection.
JUDGE CANNONE: The objection is sustained. Next question.
BY MR. YANNETTI:
MR. YANNETTI: So you've known Brian Jr. since your sophomore or 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.
MR. YANNETTI: Nine or 10 years?
MS. NAGEL: Yes.
MR. YANNETTI: 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 10 years previously to celebrate their birthday if they're just an acquaintance, correct?
MR. LALLY: Objection.
MS. NAGEL: I don't now.
JUDGE CANNONE: I'll let the answer stand.
BY MR. YANNETTI:
MR. YANNETTI: When you got there, other than Sara 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 Sara Levinson are not actually Alberts, correct?
MS. NAGEL: Correct. Yes.
MR. YANNETTI: But everybody else at the house was when you got there?
MS. NAGEL: No.
MR. YANNETTI: You named Brian Albert, Jr., correct?
MS. NAGEL: Yes.
MR. YANNETTI: Julie Albert?
MS. NAGEL: I did not, no.
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've 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 --
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 McCabe's home.
MS. NAGEL: I don't recall.
MR. YANNETTI: You had driven their daughters around, correct?
MS. NAGEL: I have, yes.
MR. YANNETTI: And you had actually pet sat for the McCabe's Golden Doodle, correct?
MS. NAGEL: Correct, yes.
MR. YANNETTI: At their home?
MS. NAGEL: Uh-huh. 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: J.J.
MR. YANNETTI: And you knew that J.J. 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 pat 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 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?
MS. NAGEL: Yes.
MR. YANNETTI: And you would agree with me that Chloe is a very different dog than Bailey, the McCabe's Golden Doodle, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: Bailey is a friendly dog; is he not?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: Chloe is not friendly, correct?
MR. LALLY: Objection.
JUDGE CANNONE: I'll let you have that. Can you answer that?
MS. NAGEL: Can you repeat the question?
BY MR. YANNETTI:
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, correct?
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?
MS. NAGEL: Correct. Yes.
MR. YANNETTI: Talking?
MS. NAGEL: Yes.
MR. YANNETTI: Drinking?
MS. NAGEL: Yup.
MR. YANNETTI: Singing?
MS. NAGEL: I don't remember.
MR. YANNETTI: Dancing?
MS. NAGEL: Yes.
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: At some point, yeah.
MR. YANNETTI: 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, no.
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?
MS. NAGEL: At the time, 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?
MS. NAGEL: Somewhere, yes.
MR. YANNETTI: Did you provide that to any investigator or assistant district attorney?
MS. NAGEL: I don't remember.
MR. YANNETTI: Do you recall whether any assistant district attorney or investigator asked you for a copy of that 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. LALLY: Objection.
JUDGE CANNONE: Let's move this along, Mr. Yannetti.
BY MR. YANNETTI:
MR. YANNETTI: 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, Ms. Nagel, how much do you think you had 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 Michelob 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, no.
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?
MS. NAGEL: In the fridge.
MR. YANNETTI: And you have no memory of like 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?
MS. NAGEL: For myself, yeah.
MR. YANNETTI: 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 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 you said 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 and his friend, is it, Ricky D'Antuono -- how do you pronounce the name?
MS. NAGEL: It's Ricky D'Antuono.
MR. YANNETTI: D'Antuono. Ryan had come in Ricky D'Antuono's gray Ford F-150 truck, correct?
MS. NAGEL: I'm sorry. Can you repeat that?
MR. YANNETTI: Yes. I butchered that. When you went outside, you saw that your brother, Ryan, was in Ricky D'Antuono gray Ford F-150 truck, correct?
MS. NAGEL: Correct. Yes.
MR. YANNETTI: He was sitting in the front passenger seat of the truck, correct?
MS. NAGEL: Ryan? Yes.
MR. YANNETTI: The truck was parallel to the Albert 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, toward going up the hill, correct?
MS. NAGEL: Yes.
MR. YANNETTI: So Ryan's sat would have been the closest to the property, right, the passenger seat?
MS. NAGEL: I'm sorry. Closest to the what?
MR. YANNETTI: 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: The McCabe's SUV was in the driveway at that point, was it not?
MS. NAGEL: Yes.
MR. YANNETTI: At that point -- strike that. 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 vehicle, correct?
MS. NAGEL: I did. Yes.
MR. YANNETTI: That was a black SUV?
MS. NAGEL: Yes.
MR. YANNETTI: And you've testified that you saw that black -- from within the house, you saw that black SUV move two times, correct?
MS. NAGEL: 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, right?
MS. NAGEL: Uh-huh. 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: I saw it pull up, stopped, pulled up again, stopped, pulled up again by the flagpole and stopped.
MR. YANNETTI: All right. And that was all while you were inside the house, correct?
MS. NAGEL: Correct. Yes.
MR. YANNETTI: And when it was pulling up like that, Ms. Nagel, it wasn't going 80 miles an hour, correct?
MS. NAGEL: It was not, no.
MR. YANNETTI: No. It wasn't going 50 miles an hour, correct?
MS. NAGEL: I mean, I didn't have a radar gun on me. But no.
MR. YANNETTI: No. It was going at a safe speed, correct?
MS. NAGEL: Yeah.
MR. YANNETTI: 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?
MS. NAGEL: Just pulled up and stopped a few times.
MR. YANNETTI: Right. And, as you saw it pull up and stop a few times from within the home, its direction was always forward, correct?
MR. YANNETTI: From what I saw, yes.
MR. YANNETTI: Right. 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: The objection is sustained.
BY MR. YANNETTI:
MR. YANNETTI: Now, I've asked you about the text messages that you had with your friend, Ryan. And you could not recall whether any investigator or any 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. And I appreciate the fact that you were paying attention. At least one of us is.
MS. NAGEL: Yeah.
MR. YANNETTI: So I asked you about the screen shots 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: And you didn't remember. Right. But somebody asked you for a screenshot, correct?
MS. NAGEL: Yes.
MR. YANNETTI: Who was that?
MS. NAGEL: J.J. McCabe.
MR. YANNETTI: And, by "J.J.," you mean Jennifer McCabe, correct?
MS. NAGEL: Yes.
MR. YANNETTI: When J.J. asked you -- do you remember when it was that J.J., Jennifer McCabe, asked you for a copy of those screen shots?
MS. NAGEL: I do not remember, no.
MR. YANNETTI: Did you provide them to Jennifer McCabe?
MS. NAGEL: I did, yes.
MR. YANNETTI: Did Jennifer McCabe, when she asked you to provide her with those screenshots, claim that she was an investigator in this case?
MR. LALLY: Objection.
JUDGE CANNONE: You can answer that.
MS. NAGEL: Do you mind repeating that, please?
BY MR. YANNETTI:
MR. YANNETTI: Sure. When Jennifer McCabe or, as you call her, J.J., 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: 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: That door faces right to the front lawn, correct?
MS. NAGEL: Yes.
MR. YANNETTI: You left with Jennifer McCabe, Matthew McCabe and Sara 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: All right. 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: When I walked out?
MR. YANNETTI: Correct.
MS. NAGEL: 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 Sara 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 Sara Levinson and Jennifer McCabe were in the seats that were closest to the Albert home, correct?
MS. NAGEL: I'm sorry. Can you repeat that?
MR. YANNETTI: Sure. As Matthew McCabe was driving that vehicle alongside the Albert property line, Jennifer McCabe, in the front passenger seat, and Sara 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.
MR. YANNETTI: Right. You claim now to have seen a black object in the snow, correct?
MS. NAGEL: Yes.
MR. YANNETTI: "Object" is the term that you used when you were finally interviewed about this matter, correct?
MS. NAGEL: The black object? Yes.
MR. YANNETTI: Right. You never before, ever, told any investigator that what you actually saw was as black blob, correct?
MS. NAGEL: I don't remember.
MR. YANNETTI: And you also never, ever told any investigator that this black object that you described was actually five feet or six 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: Lally asked me how big it was. So I just told him right now. Yeah.
MR. YANNETTI: Yeah. When you say "Lally," you mean Mr. Lally, correct?
MS. NAGEL: Yes. Mr. Lally. Correct.
MR. YANNETTI: And 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: You've never testified in a grand jury regarding this case, correct?
MS. NAGEL: Correct.
MR. YANNETTI: You've never testified in any hearing regarding this case, correct?
MS. NAGEL: In this case?
MR. YANNETTI: Yeah, besides today.
MS. NAGEL: 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. Yannetti.
BY MR. YANNETTI:
MR. YANNETTI: Today, this afternoon, is the first time that you provided testimony or information to any official regarding this case that the object was five or six feet long?
MS. NAGEL: No.
MR. YANNETTI: I'm sorry?
MS. NAGEL: No.
MR. YANNETTI: Who did you tell prior to today?
MS. NAGEL: About what?
MR. YANNETTI: Okay. I thought we were talking about the fact that you've now testified that this black object was five or six feet long. Do you recall that?
MS. NAGEL: Today, yes.
MR. YANNETTI: And my question to you was you've never mentioned that this black object was five or six 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?
MS. NAGEL: At the time, no.
MR. YANNETTI: You claim that you told everyone in the car that you saw something, correct?
MS. NAGEL: Correct.
MR. YANNETTI: And your friend, Sara, 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?
MR. LALLY: Objection.
JUDGE CANNONE: Did you think that? At what time, Mr. Yannetti?
BY MR. YANNETTI:
MR. YANNETTI: 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: Not as close to the property as your friend, Sara 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.
BY MR. YANNETTI:
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: So 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. No.
MR. YANNETTI: Okay. 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, no.
MR. YANNETTI: If you had seen a person in the snow, lying there, you would have done something about it, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained in that form.
BY MR. YANNETTI:
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: No.
MR. YANNETTI: You didn't ask him to check on whatever it was?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: I'll allow that.
BY MR. YANNETTI:
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?
MS. NAGEL: An hour and a half before.
MR. YANNETTI: Are you testifying today that your phone was complete out of charge?
MS. NAGEL: I don't remember. No.
MR. YANNETTI: Did you text your good friend, Brian Albert, Jr. to tell him that you saw somebody lying on their front lawn?
MS. NAGEL: Did I text him?
MR. YANNETTI: Yes.
MS. NAGEL: That night?
MR. YANNETTI: As you are supposedly seeing this black object.
MR. LALLY: Objection.
BY MR. YANNETTI:
MR. YANNETTI: In the immediate aftermath of that, did you text Brian Albert, Jr. to tell him about that black object?
JUDGE CANNONE: In that form, it's sustained. Ask it differently, Mr. Yannetti.
BY MR. YANNETTI:
MR. YANNETTI: You had your friend, Sara Levinson, with you, correct?
MS. NAGEL: I did, in the car, yes.
MR. YANNETTI: And you knew she was a nurse, correct?
MS. NAGEL: Yeah.
MR. YANNETTI: You didn't tell your friend, Sara, that you just saw somebody lying in the snow during a blizzard who might need some help, correct?
MS. NAGEL: I did not, no.
MR. YANNETTI: You knew that Brian Jr.'s father was a police officer, correct?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Let's move this. Are we just about done with this line of questioning? I'll give you a little bit more.
MR. YANNETTI: Just a couple more questions and I'm done.
JUDGE CANNONE: Okay. Go ahead.
BY MR. YANNETTI:
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 J.J. 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?
MR. LALLY: Objection.
JUDGE CANNONE: Is that true? Can you answer that question?
MS. NAGEL: I'm sorry. Can you repeat the question?
BY MR. YANNETTI:
MR. YANNETTI: Yes. 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: Yeah. You were drinking for hours, correct?
MS. NAGEL: Was 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.
JUDGE CANNONE: Were you?
MS. NAGEL: Yes.
BY MR. YANNETTI:
MR. YANNETTI: You were drunk, right?
MS. NAGEL: Some would say, yeah.
MR. YANNETTI: You would say?
MS. NAGEL: Yeah.
MR. YANNETTI: And you believed that except for Matt McCabe, who was driving, everybody in the car was drunk, right?
MR. LALLY: Objection.
MS. NAGEL: I don't know.
JUDGE CANNONE: I'm going to let that answer stand.
BY MR. YANNETTI:
MR. YANNETTI: You have previously testified -- I'm sorry. Strike that. You have previously given a statement indicating that you believed 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, yes.
MR. YANNETTI: And, when you put two and two together, you did not call the Canton Police, correct?
MS. NAGEL: I did not, no.
MR. YANNETTI: You did not call the state police, correct?
MS. NAGEL: Nope.
MR. YANNETTI: You did 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, Your Honor.
JUDGE CANNONE: Okay. That's sustained in that form.
BY MR. YANNETTI:
MR. YANNETTI: And you were not interviewed by any investigator in January, February, March or any time 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.
MR. YANNETTI: If that was the date and time, yes.
MS. NAGEL: 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? A Before 2:00 a.m.? Yes.
MR. YANNETTI: And you know, Ms. Nagel, that as of October of 2022, the defense in this case had publically announced that --
MR. LALLY: Objection, Your Honor.
MR. YANNETTI: -- no one in that house saw a body on that front lawn?
JUDGE CANNONE: So that question is improper. I am going to strike that question.
MR. YANNETTI: No further questions. Thank you.
JUDGE CANNONE: All right. So we are going to break. I have to bring you back tomorrow.
MS. NAGEL: Okay.
JUDGE CANNONE: Okay? 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 and let us know. We will see you tomorrow. Tomorrow is a full day.
(Whereupon, the jury is escorted from the courtroom and excused for the day.)
JUDGE CANNONE: You can stand, Ms. Nagel.
MS. NAGEL: Okay.
JUDGE CANNONE: And then when the last juror goes, you --
MS. NAGEL: I can go.
MR. LALLY: Your Honor, I'm sorry. May we approach? It's just a scheduling thing.
JUDGE CANNONE: Sure. Counsel, we are still on the case. So why don't you come on up.
(Whereupon, there was a sidebar conference as follows:)
MR. LALLY: So, Your Honor, I just wanted to remind the Court and counsel, so tomorrow, Ms. Kun from the UC Davis lab is flying in today. I anticipate -- I need her to testify tomorrow because she's flying out tomorrow.
JUDGE CANNONE: Okay. Was she otherwise a rebuttal witness or was she a case in chief witness?
MR. LALLY: Well, until Mr. Yannetti -- so weeks ago, Mr. Yannetti had stated in open court that the dog thing wasn't something they were pursuing. But then when he mentioned her in his opening, she became a witness in the case in chief.
JUDGE CANNONE: Okay. All right. So you don't have much longer with this witness?
MR. LALLY: No. No.
MR. YANNETTI: Can I ask, Your Honor, it was a little bit confusing, but I thought at one point this witness had said that she told Mr. Lally this information about the length of the object prior to her testimony today. Did I misunderstand that?
JUDGE CANNONE: I didn't hear that. I heard that Lally asked her and she answered today.
MR. YANNETTI: Okay.
JUDGE CANNONE: I thought she agreed with you that there was --
MR. LALLY: She and I never talked about that.
MR. YANNETTI: That's all I wanted.
MR. LALLY: It's, frankly, a question that came to me at the end.
JUDGE CANNONE: Okay.
MR. YANNETTI: Fair enough. Thank you.
JUDGE CANNONE: All right. We'll see you tomorrow.
(Whereupon, the sidebar conference concluded and the Court adjourned.)