Julie Nagel - Direct (Part 1)

MR. LALLY: Yes, your honor. The Commonwealth call Miss Julie Nagel to the stand.

MR. LALLY: Thank you. Good morning, ma'am. How are you doing? Could you please state your name and spell your last name?

MR. LALLY: And where do you live now?

MR. LALLY: And how long have you lived in Canton, Mass.?

MR. LALLY: And who, if anyone, do you live with?

MR. LALLY: And how many brothers do you have?

MR. LALLY: And what are their names, and how much older than you are they?

MR. LALLY: And do you work now?

MR. LALLY: How long have you been doing that?

MR. LALLY: Ma'am, if I could turn your attention to January 28th, 2022, into the early morning of the 29th — do you recall where you were that evening?

MR. LALLY: And where did you go?

MR. LALLY: And your friend — that's Brian Albert Jr., is that correct?

MR. LALLY: And how is it that you know Brian Albert?

MR. LALLY: And was Brian Albert Jr. — was he in the same grade or the same class as you?

MR. LALLY: And do you recall about what time it was that you went over to his house?

MR. LALLY: And do you recall what day of the week that was — the 28th and the 29th?

MR. LALLY: A Friday into Saturday, is that correct?

MR. LALLY: And how did you get to Mr. Albert Jr.'s house?

MR. LALLY: And who, if anyone else, did your dad give a ride to?

MR. LALLY: How long have you known Sarah?

MR. LALLY: And you're familiar with Mr. Albert Jr.'s house at 34 Fairview Road, correct?

MR. LALLY: And have you been there on occasion over the course of your friendship?

MR. LALLY: Now, what was — as far as your understanding, what was sort of the plan for that evening?

MR. LALLY: And when you arrived, who, if anyone, in addition to yourself, Miss Levinson, and Brian Albert Jr., were present at the home?

MR. LALLY: And at some point, did some other people come and join the group of the three of you at the home?

MR. LALLY: And about when was that in relation to when you arrived?

MR. LALLY: Was it — they came to join the group at some point?

MR. LALLY: And so with respect to Miss Kent, Miss Alba — and was Miss Doody as well? Is that correct?

MR. LALLY: How did you know them?

MR. LALLY: In the same grade or class as you and Miss Levinson?

MR. LALLY: And so fair to say that you were closer friends with Brian Albert Jr. and Miss Levinson, and the other four girls that came?

MR. LALLY: You mentioned — as far as those four individuals, Miss Fabiano, Miss Doody, and Miss Alba — did they come together, as far as you know?

MR. LALLY: Do you have any idea how they got there?

MR. LALLY: Now with reference to — you mentioned Colin, correct? And how do you know him?

MR. LALLY: Okay, got it. So what was that answer? Do you mind repeating the question? So with reference to Colin Albert — did you know Colin Albert prior to that evening as well?

MR. LALLY: And how did you know Colin?

MR. LALLY: And what, if anything, did you know about the relationship between Colin Albert and Brian Albert?

MR. LALLY: And about how old was Colin Albert around this time frame of January 28th, 2022?

MR. LALLY: High school. And when was it that he arrived in relation to the four young ladies that you were talking about?

MR. LALLY: So at some point in time after they had arrived?

MR. LALLY: And they had arrived after you? Is that correct?

MR. LALLY: And over the course of the evening, within the Albert house — where is it, sort of within the home, that you and the group were?

MR. LALLY: And do you recall, specifically or generally speaking, what you were doing while you were hanging out celebrating Brian Jr.'s birthday?

MR. LALLY: Do you recall any music playing or anything like that?

MR. LALLY: How was that sort of set up, or what was it?

MR. LALLY: And was that being played from somebody else's phone or device or something like that?

MR. LALLY: And do you recall who was sort of in control, or who was controlling the music?

MR. LALLY: And so prior to — at this point in time that you're talking about, of the initial group — was Caitlin there at that point?

MR. LALLY: I'm sorry — during the point in time when it was yourself and Miss Levinson and the other four young women that you were talking about, and Colin Albert — was Miss Caitlin Albert there at that point, if you recall?

MR. LALLY: So that's what my question was — in relation to that time, who, if anyone, was —

MR. LALLY: Now, with respect — obviously you were there and you were drinking, people were drinking. Correct?

MR. LALLY: Do you recall sort of what people were drinking?

MR. LALLY: And was anyone within this sort of initial group that we're talking about here drinking any more or less than anybody else?

MR. LALLY: And during this sort of initial period with these initial people, how would you describe sort of the mood or their demeanor?

MR. LALLY: And at any point in time with this sort of initial group, did you see anybody go to any other area of the house beyond sort of the kitchen dining room area?

MR. LALLY: Now at some point, did members of this sort of initial group — did they leave the house at some point over the course of the evening?

MR. LALLY: And who left first, and about what time?

MR. LALLY: And did they all leave around the same time, or were they staggered?

MR. LALLY: Now with reference to Colin Albert, do you know about what time he left?

MR. LALLY: And do you have any idea — similar to what I asked about the other young ladies — do you have any recollection as far as how he got there or how he left or anything like that?

MR. LALLY: But do you recall specifically seeing him leave from the house?

MR. LALLY: And which door would he have left?

MR. LALLY: And so when it comes to the front door of Fairview Road — there are two doors in the front area of the house?

MR. LALLY: And as far as — with respect to either of those two doors, you don't remember him leaving from some other door to the house? Correct?

MR. LALLY: So if he left, when he left, it would have been from one of those two front doors?

MR. LALLY: Now, at some point — at least after Miss Kent, Miss Fabiano, Miss Doody, and Miss Alba left — did people that lived at the house or other people sort of come back to the house?

MR. LALLY: And about what time was it?

MR. LALLY: And who were the first people sort of to arrive — as we'll call them the "second" group?

MR. LALLY: And who were the people that came?

MR. LALLY: Okay. And so when they came back, as far as the other four women that you were talking about — they had already left? Is that correct?

MR. LALLY: And Colin Albert — was he still there when those people came?

MR. LALLY: And so Brian Albert Senior and Nicole Albert — those are Brian Albert Jr.'s parents? Correct?

MR. LALLY: Were you familiar with them, obviously, prior to January 28th?

MR. LALLY: And you mentioned Jennifer and Matthew McCabe, is that correct?

MR. LALLY: And were you familiar with them prior to January 28th?

MR. LALLY: And how are you familiar with them?

MR. LALLY: And so through the family. Well, my next question is: what, if any, relationship did they have to your friend Brian Albert Jr.?

MR. LALLY: And then with respect to Brian Higgins, is that someone that you knew prior to January 28th?

MR. LALLY: You met him for the first time that night at the —, correct?

MR. LALLY: And when they came into the house, the sort of second group, where was it — — that they went and sort of congregated around the house?

MR. LALLY: Yeah. And at any point in time — well, let me ask you: they come sometime shortly around or after midnight, is that fair to say?

MR. LALLY: About how long after they arrived — or about what time was it that you left the house for the evening?

MR. LALLY: At some point you went home that night?

MR. LALLY: What time was it?

MR. LALLY: And so between the time that they came back to the house around 12, 12:15 or so — between that and 1:45, how would you describe sort of the mood and the demeanor in the house?

MR. LALLY: Yes. And over the course of this time, as far as the group that you talked about in the kitchen and dining room area, did you see any of those people go anywhere else?

MR. LALLY: — upstairs. But as far as the kitchen-dining room area, sort of how people were situated around that area during the time the second group was there?

MR. LALLY: Do you recall specifically — I know we're talking over two years ago — do you recall specifically where people were within that area, around the table?

MR. LALLY: Do you recall where you were?

MR. LALLY: Yeah. Where you were seated around the table, could you see the front door?

MR. LALLY: And so beyond the people that you had already talked about being in that kitchen-dining room area in that second group, did anybody else come into the house that night while you were there?

MR. LALLY: And at the time, on January 28th, 2022, were you familiar with either a person named John O'Keefe or a person named Karen Read?

MR. LALLY: And at any point in time, not knowing them, did you see anybody else come into the house while you were there between that 12 to 12:15 and 1:45?

MR. LALLY: No. Now, you recall who was sort of around you, where you were at the table, immediately around you?

MR. LALLY: Now, at some point in the evening — let me ask you this: what, if any, plans did you have as far as how you were getting home?

MR. LALLY: Which of your two brothers was that?

MR. LALLY: So you texted Ryan to see if he could come pick you up?

MR. LALLY: And did you have to give him an address or anything like that, or how did you explain to him where you were?

MR. LALLY: Is that somewhere that your brother had picked you up from on a prior occasion?

MR. LALLY: And about what time, if you know, did you send that text to your brother about getting picked up?

MR. LALLY: Yep. And as far as the other people in that second group that you were talking about — you reach out to Ryan to get picked up, or those other people there?

MR. LALLY: And you indicated that your brother then came to the house at some point?

MR. LALLY: And about how long after you texted him did he arrive?

MR. LALLY: And when he arrived, did he come into the house, or did he reach out to you in any way to let you know?

MR. LALLY: I'm sorry. Did he reach out to you at any point to let you know that he was outside?

MR. LALLY: And receiving that text, where did you go?

MR. LALLY: Now, before you went out through the front door, what if any conversation — let me strike that. As far as conversation, did you speak to anyone about the fact that your brother was outside of the house?

MR. LALLY: Correct. So you come down the brick steps, go down the walkway — do you recall how you came down to where your brother was?

MR. LALLY: Yes. And what kind of vehicle was this that you came up to?

MR. LALLY: And you mentioned that there were three people in the truck, is that correct?

MR. LALLY: Where were they seated within the truck?

MR. LALLY: You mentioned that Heather is Ryan's ex-girlfriend, is that correct?

MR. LALLY: Were they dating at that time?

MR. LALLY: Now, with regard to Ricky — is he someone who's a close friend of your brother?

MR. LALLY: Yep. As you get to the truck, do you recall how it was that you were speaking to your brother Ryan — was it through an open window, did he open the door, or how were you communicating?

MR. LALLY: And when you came out to the truck at the end of the driveway, what if any other vehicles did you see in the area of the house?

MR. LALLY: So you had gone outside before your brother — or Ricky — had fully parked the truck?

MR. LALLY: So at some point earlier, there was another vehicle that came up — prior?

MR. LALLY: And can you describe that vehicle for the jury? Sort of what did it look like, what kind of vehicle was it?

MR. LALLY: And had you ever seen that vehicle before?

MR. LALLY: And you go up to the truck and you're talking to your brother, is that correct?

MR. LALLY: Now, with regard to — about how long a period of time were you talking with your brother next to the truck?

MR. LALLY: And did you invite your brother and his friends inside the house?

MR. LALLY: How did they respond?

MR. LALLY: And so that brings me to my next question: as far as arrangements for you coming home, prior to you coming out of the house, was there any talk or discussion about how you would get home if you didn't go home with Ryan?

MR. LALLY: You decided you wanted to stay and took them up on their offer, correct?

MR. LALLY: And in addition to yourself, who, if anyone else, went home from the residence on Fairview with the McCabes?

MR. LALLY: If I could bring you back to that period of time when you're outside — the vehicle that you were talking about — where is that in relation to the pickup truck that Ricky drove?

MR. LALLY: Yeah. And so at the time that you were talking to your brother at the pickup truck, was the SUV still there?

MR. LALLY: And so where was that SUV parked — — in relation to where the truck was?

MR. LALLY: So you saw it in sort of three different locations at the time that you were seeing it, correct?

MR. LALLY: And again, where were you in relation to the vehicle at the time that you made these observations?

MR. LALLY: And at any point in time, did you see anybody come out of there?

MR. LALLY: And at any point in time, did you see any — Sort of — when you were looking out and when you came out, do you recall anything about the weather and sort of what it was doing at that point?

MR. LALLY: And so from the dust on the ground — from either the SUV or the pickup truck that Ricky was driving — did you see any sort of imprints in the snow from tires or anything like that?

MR. LALLY: You don't recall if there was that much snow, or what it was?

MR. LALLY: And as far as anywhere in and around where you had seen the SUV, at either of the three spots that you saw it, did you see any sort of footprints in the snow or on the ground or anything like that? And did you see inside of the vehicle — see anybody inside at any point in time?

MR. LALLY: And you never saw anybody get out of that vehicle at any of the three different points where you saw it parked?

MR. LALLY: Now, when you saw the vehicle parked at those three sort of separate different locations, was the vehicle running, if you could tell?

MR. LALLY: May I approach?

MR. LALLY: I'm going to draw your attention to what I'll mark as Exhibits 71, 72, and 73. Right now I'm just going to ask you to take a look at those — look up when you're finished. And at some point I may ask you to use this, which is a laser pointer — press that button and point it up at the screen. Okay?

MR. LALLY: So first, if you could just look at 71, 72, and 73. Ma'am, generally with respect to those three photographs, do you recognize them?

MR. LALLY: What do you recognize?

MR. LALLY: Is that roughly what the house looked like at the time of January 28th–29th, 2022?

MR. LALLY: I'd ask you to flip back to the first one — Exhibit 71. Your Honor, with the Court's permission, may I publish?

MR. LALLY: And so, Miss Nagel, directing your attention up to the screen — sorry, to your right — this is what you have before you as Exhibit 71, is that correct?

MR. LALLY: If you could, using the laser pointer that's on the desk in front of you, direct the jury's attention to the door that you were talking about — the one you came out of to come down and talk to your brother.

MR. LALLY: Now, with respect to when you came out to speak with your brother — your brother Ryan — where was the truck parked?

MR. LALLY: And with respect to that vehicle — the black SUV — where was that vehicle initially when you saw it? Is that visible in this photograph?

MR. LALLY: And if you could direct the jury's attention to where that was. If I could direct your attention to the next exhibit — flip to Exhibit 72. What's up on the screen — is that what you have before you as Exhibit 72?

MR. LALLY: Now the second position that you indicated you observed that black SUV — in relation to the house, using the laser pointer, could you draw the jury's attention to where that would be in this —

MR. LALLY: So again, Miss Nagel, directing your attention up to what's on the screen — Exhibit 72 — you indicated in your testimony that you saw the vehicle from inside the house at three different — correct?

MR. LALLY: — indicated the first point in the last photograph. Is the second point that you saw the vehicle in visible in this photograph?

MR. LALLY: If I can ask you to flip to the next exhibit — Exhibit 73. And Miss Nagel, with regard to the third point — the third different location — that you observed that black SUV on that morning, is that visible in this photograph?

MR. LALLY: And again using the laser pointer, if you could direct the jury to where you observed it at the third point. Thank you. That's all with this — Miss Gilman, you can take that. Thank you. So, Miss Nagel, you spoke with your brother outside, and then at some point after a couple of minutes came back inside — is that correct?

MR. LALLY: And the people that you mentioned were in the kitchen and dining room area — were they still in that area?

MR. LALLY: And at some point over the course of the evening, things eventually start to wind down and people are leaving the house — is that correct?

MR. LALLY: And do you recall what order it was that people left the house?

MR. LALLY: And with respect to yourself, you indicated that you left with Miss Levinson and the McCabes — correct?

MR. LALLY: And do you recall who, if anyone else, was present in the home when you left?

MR. LALLY: And so when you left, how was it that you came out of the residence?

MR. LALLY: So let's move on — which door — please go ahead. You come out from that door — where was it that you went into Matt and Jennifer's car? Do you recall anything about the car, what type of car it was?

MR. LALLY: And where was that vehicle parked when you went over to it?

MR. LALLY: And do you recall sort of how you came from the front door to the driveway?

MR. LALLY: So sort of along the brick path through the driveway to the car?

MR. LALLY: Do you recall, when you got in the car, where you were seated or where anyone else was seated in the car?

MR. LALLY: Now, after you get in the car, about how long was it before the car backed out of the driveway?

MR. LALLY: And what, if any, conversations do you recall going on during that period of time, prior to the car backing out and going?

MR. LALLY: Now, when the vehicle leaves from the house, at some point it's going by the house — correct?

MR. LALLY: Do you recall which side of the McCabes' vehicle was facing towards the house? And by that I mean, was it the side you were sitting on — the side Miss Levinson — the side that Sarah was sitting on? And that would have been the passenger side — is that correct?

MR. LALLY: And at the time that the vehicle was driving by the house, what is it that you were doing at that time?

MR. LALLY: And so when Miss McCabe — she's in the front seat, is that right?

MR. LALLY: And she's talking to you and Miss Levinson — correct?

MR. LALLY: And how is it that she's positioned, talking to you, in relation to the seat that she's in?

MR. LALLY: And what I'm asking is, is she turned towards sort of the center of the vehicle?

MR. LALLY: And you're speaking to her and Miss Levinson — correct?

MR. LALLY: Which direction are you facing?

MR. LALLY: And which direction is Sarah facing as you're having this conversation?

MR. LALLY: And as you drive by the house, what if anything did you observe?

MR. LALLY: And from where you were situated in the car, do you know sort of what the lighting was like over in that area of the yard?

MR. LALLY: So snow was coming down at that point. And if you know, about where in relation to the flagpole was this black object that you saw?

MR. LALLY: Now, I'm sorry to do this again — Miss Gilman, Your Honor, with permission, I would just ask that Exhibit 72 be back up on the screen.

MR. LALLY: I'm sorry, I should actually ask for a different exhibit number. Ma'am, if I could — the area where you saw this black object, do you see that area?

MR. LALLY: And if you could, using the laser pointer, direct the jury's attention to where specifically you observed it. Now, as the vehicle is going by the house, as you make that observation, what if anything did you say in the back seat of the car?

MR. LALLY: And that was sort of the end of the conversation in reference to that — is that correct?

MR. LALLY: May I have a moment?

MR. LALLY: Miss Nagel, if I could ask you one more question with regard to the object that you saw in that area — the flagpole — can you describe how big an object it was that you saw?

MR. LALLY: And at the time that you're driving by at that point, you could tell what it was?

MR. LALLY: Thank you.