Commonwealth v. Read — Trial ArchiveJulie Nagel — Direct (Part 1)
473 linesWhereupon, JULIANA NAGEL having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: Whenever you are ready, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good morning, ma'am.
MS. NAGEL: How are you doing?
MR. LALLY: Could you please state your name and spell your last name for the record?
MS. NAGEL: Yup. It's Juliana Nagel, N-A-G-E-L.
MR. LALLY: And where do you live, ma'am?
MS. NAGEL: Canton, Mass.
MR. LALLY: And how long have you lived in Canton, Mass.?
MS. NAGEL: My whole life.
MR. LALLY: And who, if anyone, do you live in Canton with?
MS. NAGEL: I live with my parents and my brothers but mostly now just my parents.
MR. LALLY: And how many brothers do you have?
MS. NAGEL: I have two older brothers.
MR. LALLY: And what are their names and sort of how much older than you are they?
MS. NAGEL: My oldest brother, Ryan, is 31 and my other brother, Sam, is 27.
MR. LALLY: And do you work, ma'am?
MS. NAGEL: I do.
MR. LALLY: And what do you do for work?
MS. NAGEL: I work for a car rental agency.
MR. LALLY: And how long have you been doing that?
MS. NAGEL: A little over a year and a half.
MR. LALLY: Now, ma'am, if I could call your attention to January 28th, 2022, into the early morning of the 29th. Do you recall where you were that evening?
MS. NAGEL: I do.
MR. LALLY: And where did you go that evening?
MS. NAGEL: I went to my friend Brian Albert's house.
MR. LALLY: And your friend, that's Brian Albert, Jr.; is that correct?
MS. NAGEL: Yes. Junior. Yes.
MR. LALLY: And how is it that you know Brian Albert, Jr.?
MS. NAGEL: We went to school together, high school. So I've known him for quite some time.
MR. LALLY: And, Brian Albert, Jr., was in the same grade or the same class as you?
MS. NAGEL: He was a year below me.
MR. LALLY: And do you recall about what time it was that you went over to his house the evening of the 28th?
MS. NAGEL: I'm not sure exactly, but I would say probably around like six.
MR. LALLY: And do you recall what day of the week that was, the 28th, into the 29th?
MS. NAGEL: I believe a Friday.
MR. LALLY: So Friday into Saturday; is that correct?
MS. NAGEL: Uh-huh.
MR. LALLY: And how --
COURT REPORTER: Is that yes?
MS. NAGEL: Yes.
BY MR. LALLY:
MR. LALLY: How did you get to Mr. Albert, Jr.'s house that night?
MS. NAGEL: My dad drove me.
MR. LALLY: And who, if anyone else, did your dad give a ride to on the way there?
MS. NAGEL: My friend, Sara Levinson.
MR. LALLY: And how long have you known Sarah Levinson?
MS. NAGEL: Since middle school, I would say.
MR. LALLY: And you're familiar with Mr. Albert, Jr.'s house at 34 Fairview Road?
MS. NAGEL: Correct. Yes.
MR. LALLY: Had you been there on occasion over the course of your friendship?
MS. NAGEL: Yes.
MR. LALLY: Now, as far as your understanding, what was sort of the plan for that evening?
MS. NAGEL: Just hang out, have some drinks for my friend, Brian's birthday. Just to gather and hang out.
MR. LALLY: And, when you arrived there, who, if anyone, in addition to yourself, Ms. Levinson and Brian Albert, Jr. were present at the home at that time?
MS. NAGEL: From what I can recall, I just remember Brian, Jr.
MR. LALLY: And, at some point, did some other people come and join the group of the three of you at the home?
MS. NAGEL: Yes.
MR. LALLY: And when about was that in relation to when you and Sara arrived?
MS. NAGEL: I can't remember. I don't recall the time frame.
MR. LALLY: Sometime after, though?
MS. NAGEL: Yes. Yup.
MR. LALLY: Okay. And who was it that came to join the group at some point?
MS. NAGEL: It was -- so it was me, Brian Jr., Sara Levinson, Kathryn Doody, Emily Fabbiano, Mary Kent, Courtney Alba, Colin Albert. And then -- that's what I can remember from then in the early part of the night.
MR. LALLY: And so with respect to Ms. Fabbiano, Ms. Kent, Ms. Alba -- and there was a Ms. Doody, as well, correct?
MS. NAGEL: Correct.
MR. LALLY: How did you know them?
MS. NAGEL: Through Brian Jr.
MR. LALLY: Were they in the same grade or class as you and Ms. Levinson or no?
MS. NAGEL: In Brian's class.
MR. LALLY: So the class below you?
MS. NAGEL: Correct. Yes.
MR. LALLY: And so fair to say that you were closer friends with Brian Albert, Jr. and Ms. Levinson than the other four girls that came later?
MS. NAGEL: Correct. Yes.
MR. LALLY: You mentioned as far as those four individuals, Ms. Fabbiano, Ms. Kent, Ms. Doody and -- I'm sorry -- Ms. Kent, Ms. Fabbiano, Ms. Doody and Ms. Alba, did they come together as far as you know?
MS. NAGEL: I don't remember. I'm not sure.
MR. LALLY: And do you have any idea how they got there?
MS. NAGEL: I do not.
MR. LALLY: Okay. Now, with reference to -- you mentioned Colin Albert, correct?
MS. NAGEL: Uh-huh.
MR. LALLY: And how do you know him?
JUDGE CANNONE: So on that uh-huh, it has to be yes or no.
MS. NAGEL: Okay. Got it.
JUDGE CANNONE: So what was that answer?
MS. NAGEL: Do you mind repeating the question?
MR. LALLY: Sure. Let me just ask the question again.
BY MR. LALLY:
MR. LALLY: So with reference to Colin Albert, did you know Colin Albert prior to that evening, as well?
MS. NAGEL: Yes.
MR. LALLY: And how did you know Colin Albert?
MS. NAGEL: Through Brian Jr.
MR. LALLY: And what, if anything, did you know about the relationship between Colin Albert and Brian Albert, Jr.?
MS. NAGEL: They are cousins.
MR. LALLY: And about how old was Colin Albert around this time frame of January 28, 2022?
MS. NAGEL: I'm not quite sure. I don't know.
MR. LALLY: Do you know whether or not he was in high school or college or something else?
MS. NAGEL: High school.
MR. LALLY: And when was it that he arrived in relation to the four young ladies that you were talking about before?
MS. NAGEL: I don't remember. A little bit after, though.
MR. LALLY: Okay. So at some point in time after they had arrived?
MS. NAGEL: Yes.
MR. LALLY: Okay. And they had arrived after you; is that correct?
MS. NAGEL: Correct. Yes.
MR. LALLY: And, over the course of the evening within the Albert house, where is it sort of within the home that you and sort of the group were congregated?
MS. NAGEL: We were mostly in the dining room area and the kitchen. It's like an open floor plan a little bit.
MR. LALLY: And do you recall what specifically or, just generally speaking, what you were doing while you were hanging out and celebrating Brian Jr.'s birthday?
MS. NAGEL: We got some food ordered from D&E. Just hanging out, drinking. That was it.
MR. LALLY: Do you recall any music playing or anything like that?
MS. NAGEL: Yes.
MR. LALLY: Okay. And how was that sort of set up or through what was it playing?
MS. NAGEL: Yeah. I can mostly remember it being set up from the overhead speakers and in the kitchen, like in the sink.
MR. LALLY: And was that being played in somebody else's like phone or device or something like that?
MS. NAGEL: Yes.
MR. LALLY: Okay. And do you recall who was sort of in control or who was controlling the music?
MS. NAGEL: I believe it was Caitlin Albert.
MR. LALLY: Okay. And so prior to -- at this point in time that you're talking about, sort of the initial with, was Caitlin there at that point?
MS. NAGEL: Yes, she was.
MR. LALLY: I'm sorry. During the point in time when it was yourself and Ms. Levinson and the other four young women you were talking about and Colin Albert, was Ms. Caitlin Albert there at that point if you recall?
MS. NAGEL: Not at that point, no.
MR. LALLY: Okay. And so that's what my question was in relation --
MS. NAGEL: Okay.
MR. LALLY: -- to that time who, if anyone, was sort of in charge of the music.
MS. NAGEL: No, not at that time. I don't remember.
MR. LALLY: Now, with respect to -- now, obviously, you were there and you were drinking and people were drinking, correct?
MS. NAGEL: Yup.
MR. LALLY: Do you recall sort of what people were drinking?
MS. NAGEL: I know at the time I was drinking Michelob Ultras, but mostly just White Claw beers from what I can remember.
MR. LALLY: And was anyone in sort of this initial group that we are talking about here drinking any more or less than anybody else?
MS. NAGEL: I don't believe so, no.
MR. LALLY: And, during this sort of initial period with these initial people, how would you describe sort of the mood or their demeanor within the house?
MS. NAGEL: Yeah. Everyone was having a good time. It was Brian's birthday. So, you know, we were there just to have fun.
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 and dining room area?
MS. NAGEL: No.
MR. LALLY: Now, at some point, did members of sort of this initial group, did they leave the house at some point over the course of the evening?
MS. NAGEL: Yes.
MR. LALLY: And who left first -- if you know, who left first and about what time?
MS. NAGEL: Yeah. Well, I'm not sure exactly who left at what point. But I know that Kathryn Doody, Emily Fabbiano, Mary Kent and Courtney Alba left, I would say, and Colin left like before midnight.
MR. LALLY: And did they all leave around the same time or did they leave at sort of staggered portions?
MS. NAGEL: I would say staggered times.
MR. LALLY: Now, with reference to Colin Albert, do you know about what time he left?
MS. NAGEL: I would probably say at 11:30, 11:45.
MR. LALLY: And do you have any idea sort of how Colin -- 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?
MS. NAGEL: I'm not quite sure, no.
MR. LALLY: But do you recall specifically seeing him leave from the house?
MS. NAGEL: Yes.
MR. LALLY: And which door would he have left in?
MS. NAGEL: I'm not sure exactly what door. But I know someone did pick him up, but I'm not sure who did.
MR. LALLY: And so when it comes to the front door of Fairview Road, there's two doors in the front area of the house?
MS. NAGEL: Yes.
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?
MS. NAGEL: Correct.
MR. LALLY: So if he left or when he left, it would have been from one of those two front doors?
MS. NAGEL: Yes.
MR. LALLY: Okay. Now, at some point at least after Ms. Kent, Ms. Fabbiano, Ms. Doody and Ms. Alba left, did people that lived at the house or other people sort of come back to the house?
MS. NAGEL: Yes.
MR. LALLY: And about what time was that?
MS. NAGEL: I would -- I'm not too sure. But I would say a little after midnight.
MR. LALLY: And who were the first people sort of to arrive in this, we'll call them, sort of the second group?
MS. NAGEL: I don't remember who came, like who was first, who was second like that. I know who came, but I don't know what order.
MR. LALLY: And who were the people that came?
MS. NAGEL: Yeah. So it was Nicole Albert, Brian Albert, Brian Jr.'s parents, Matt McCabe, Jennifer McCabe, Brian Higgins and that's it. And Caitlin Albert. Sorry.
MR. LALLY: Okay. And so when they came back as far as the other four young women that you were talking about, they had already left; is that correct?
MS. NAGEL: Yes.
MR. LALLY: And Colin Albert. Was he still there when those people came back?
MS. NAGEL: He left, as well.
MR. LALLY: And so Brian Albert, Sr. and Nicole Albert, those are Brian Albert, Jr.'s parents?
MS. NAGEL: Correct. Yes.
MR. LALLY: And you were familiar with them, obviously, prior to January 28th?
MS. NAGEL: Yes.
MR. LALLY: And you mentioned Jennifer and Matthew McCabe; is that correct?
MS. NAGEL: Yes.
MR. LALLY: And were you familiar with them prior to January 28th?
MS. NAGEL: Yes.
MR. LALLY: And how were you familiar with them?
MS. NAGEL: Through Brian Jr., just hanging out with them a few times. So I just know them through the family.
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., that you knew?
MS. NAGEL: They are his aunt and uncle.
MR. LALLY: And then with respect to Brian Higgins, is that someone that you knew prior to January 28th?
MS. NAGEL: I did not, no.
MR. LALLY: So you met him for the first time that night at the Fairview home?
MS. NAGEL: Correct. Yes.
MR. LALLY: And, when they came into the house, this sort of second group, where was it that they went and sort of congregated around the house?
MS. NAGEL: Yeah. We all were still in the same room, in the family area of the floor plan, which is the kitchen and the dining room area. Yes.
MR. LALLY: And, at any point in time -- well, let me ask you this. They come sometime shortly around or after midnight; is that fair to say?
MS. NAGEL: Yes.
MR. LALLY: Okay. And about how long after they arrived or about what time was it that you left the house for the evening.
MS. NAGEL: I'm sorry. Could you repeat the question?
MR. LALLY: Sure. At some point, you went home that night?
MS. NAGEL: Yes.
MR. LALLY: And about what time was that?
MS. NAGEL: I would say, give or take, like 1:45 p.m.
MR. LALLY: And so between the time they came back to the house around 12:00, 12:15 or so --
MS. NAGEL: Uh-huh.
MR. LALLY: -- between that and 1:45, how would you describe sort of the mood and the demeanor in the house at that point?
MS. NAGEL: We were all in the same room, having fun, hanging out.
MR. LALLY: Music still playing? People drinking and having a good time?
MS. NAGEL: Yes.
MR. LALLY: And, over the course of this time as far as the group that you talked about that was in the kitchen and dining room area, did you see any of those people go anywhere else in the house?
MS. NAGEL: I mean, to the bathroom. I know at one point, Mr. Albert, Brian Jr.'s dad, went upstairs to let the dog out back. But he just opened the back door and watched him from the door and brought him right back upstairs. That was the only time like he went upstairs.
MR. LALLY: Okay. And, as far as the kitchen/dining room area, do you recall sort of how people were situated around that area during the time this second group was there?
MS. NAGEL: Yeah. We were all sitting in like the kitchen table. It's like a square table. So we were all just hanging out around there, some at like the island in the kitchen but mostly just all there together.
MR. LALLY: And do you recall specifically -- I know we are talking over two years ago. Do you recall specifically where people were within that area around the table?
MS. NAGEL: I don't know.
MR. LALLY: Okay. Do you recall where you were?
MS. NAGEL: I was sitting like in the corner. So I could see like the island, the kitchen table, like the front door and like the windows, I guess.
MR. LALLY: From where you were seated around the table, could you see the front door?
MS. NAGEL: Yes.
MR. LALLY: And so beyond the people that you had already talked about being in that kitchen and dining room area in that second group, did anybody else come into the house that night while you were there?
MS. NAGEL: No.
MR. LALLY: And, at the time on January 28, 2022, were you familiar with either a person named John O'Keefe or a person named Karen Read?
MS. NAGEL: No.
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 12:00 to 12:15 and 1:45 in the morning?
MS. NAGEL: No one else came in. No.
MR. LALLY: Now, do you recall who was sort of around you where you were at the table? But just immediately around you is what I'm asking.
MS. NAGEL: I would say Jennifer McCabe, Sara Levinson, Caitlin I can remember like sitting at the table like with me. Yeah.
MR. LALLY: Now, at some point in the evening -- let me ask you this: What, if any, sort of plans did you have as far as how you were getting home that night?
MS. NAGEL: Yeah. I did text my brother to see if he could pick me up on his way home with his friend, just on his way home to come pick me up, which they did.
MR. LALLY: Which of your two brothers was that?
MS. NAGEL: My brother, Ryan.
MR. LALLY: So you texted Ryan to see if he could come pick you up?
MS. NAGEL: Yes.
MR. LALLY: And did you have to give him like an address or anything like that or how did you explain to him where you were?
MS. NAGEL: I just said I was at Brian Jr.'s house, if he could pick me up.
MR. LALLY: And is that someone where your brother had picked you up from on prior occasions?
MS. NAGEL: Yes.
MR. LALLY: And about what time, if you know, did you send that text to your brother about getting picked up?
MS. NAGEL: I'd probably say a little after. Probably 15 minutes after midnight.
MR. LALLY: And, as far as the other people in that second group that you were talking about at the time that you reach out to Ryan to get picked up, were those other people there?
MS. NAGEL: Yes.
MR. LALLY: And you indicated that your brother then came to the house at some point?
MS. NAGEL: Yes, he did.
MR. LALLY: Okay. And about how long after you texted him did he arrive, if you know?
MS. NAGEL: I'm not quite sure.
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 that --
MS. NAGEL: He just -- oh, sorry.
MR. LALLY: No, no. I'm sorry. Did he reach out to you at any point to let you know that he was there?
MS. NAGEL: Yes. He did text me, saying that he was outside.
MR. LALLY: And, upon receiving that text, where did you go?
MS. NAGEL: I went out through the front door.
MR. LALLY: Now, before you went out through the front door, what, if any, conversation -- well, let me strike that as far as conversation. Who, if anyone, did you speak to about the fact that your brother was outside of the house?
MS. NAGEL: Yeah. I just mentioned, saying my brother is outside. I do remember someone or --
MR. YANNETTI: Objection.
JUDGE CANNONE: I want to hear the answer, please.
MS. NAGEL: Just a few people saying, oh, just have your brother come in. So I went outside, and it was my brother in the passenger seat; his friend, Ricky; and then his ex-girlfriend, Heather. I asked them if they wanted to come in. They said "no."
MR. YANNETTI: Objection.
JUDGE CANNONE: I'm going to let that stand but next question.
BY MR. LALLY:
MR. LALLY: So you go outside to where your brother is, right?
MS. NAGEL: Yes.
MR. LALLY: And do you recall which of the two front doors you use to go outside?
MS. NAGEL: I used the front door.
MR. LALLY: And the front door is the one with the brick steps; is that correct?
MS. NAGEL: Correct. Yes.
MR. LALLY: Okay. So you come down the brick steps, go down the walkway. Do you recall how you came down to where your brother was?
MS. NAGEL: I walked down the steps through the little path and then down the driveway. And they were parked right in front of the driveway.
MR. LALLY: Okay. So they were parked right at the end of the driveway?
MS. NAGEL: Yes.
MR. LALLY: And what kind of vehicle was this that you came up to?
MS. NAGEL: It was Ricky's pickup truck, a Ford F-150.
MR. LALLY: And you mentioned that there were three people in the truck; is that correct?
MS. NAGEL: Yes.
MR. LALLY: And where were they seated within the truck when you got there?
MS. NAGEL: Ricky was driving his truck. Ryan was in the passenger seat and then Heather was in the back seat.
MR. LALLY: And you mentioned that Heather is Ryan's ex- girlfriend; is that correct?
MS. NAGEL: Correct.
MR. LALLY: Were they dating at this time?
MS. NAGEL: At that time, yes.
MR. LALLY: Okay. Now, with regard to Ricky, he is someone who is a close friend of your brother; is that correct?
MS. NAGEL: Yes.
MR. LALLY: So you know him pretty well?
MS. NAGEL: Yes.
MR. LALLY: Okay. So you know him pretty well?
MS. NAGEL: Yes.
MR. LALLY: So you get to the truck. Do you recall how it was that you were speaking to your brother, Ryan? Was it sort of through an open window? Did he open a door or how were you communicating with him?
MS. NAGEL: He rolled down his window.
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 on Fairview?
MS. NAGEL: Well, before when I went outside, I did notice another vehicle before my brother pulled up.
MR. LALLY: So you had gone outside before your brother had or Ricky had fully sort of parked the truck?
MS. NAGEL: No. He was like fully outside already, and then I went out. And it was just Ricky's truck.
MR. LALLY: Okay. And so at some point later, there is another vehicle that came up?
MS. NAGEL: Prior.
MR. LALLY: Prior.
MS. NAGEL: Correct.
MR. LALLY: And can you describe that vehicle for the jury, sort of what did it look like, what kind of vehicle was it?
MS. NAGEL: It was a black SUV.
MR. LALLY: And had you ever seen that vehicle before?
MS. NAGEL: No.
MR. LALLY: And you go up to the truck and you're talking to your brother; is that correct?
MS. NAGEL: Yes.
MR. LALLY: Now, with regard to -- about how long a period of time were you talking to your brother next to the truck?
MS. NAGEL: I would says maybe three minutes, max. Not even.
MR. LALLY: And did you invite your brother and his friends inside the house?
MS. NAGEL: Yes.
MR. LALLY: And how did they respond?
MS. NAGEL: They said, no. We just want to go home. And then I was like, I'll find another ride home.
MR. LALLY: And that brings to mind my next question as far as arrangements for you coming home. Was there any -- 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 your brother?
MS. NAGEL: Yeah Matt McCabe and Jennifer did offer to drive me home if I didn't want to go home with my brother. So I just stayed and took their offer.
MR. LALLY: So you decided you wanted to stay and took them up on their offer?
MS. NAGEL: Correct. Yes.
MR. LALLY: And, in addition to yourself, who, if anyone, else went home from the residence on Fairview with the McCabes?
MS. NAGEL: It was me and Sara Levinson.
MR. LALLY: Now, if I could bring you back to that period of time when you were outside. The vehicle that you were talking about, where is that in relation to the pickup truck that Ricky is driving?
MS. NAGEL: Well, it was -- like the SUV wasn't there when my brother was there. It was like before. Like when I was inside, I noticed it.
MR. LALLY: Okay. And so at the time that you were talking to your brother at the pickup truck, was the SUV still there?
MS. NAGEL: I don't believe so, no.
MR. LALLY: And so where was that SUV parked in relation to where the truck was?
MS. NAGEL: So when I noticed -- looking out the window, I did notice the SUV in front of the mailbox and then pulled up a little bit in front of the yard and then stopped and then pulled up again towards the flagpole.
MR. LALLY: So you saw it in sort of three different locations at the time that you were seeing it?
MS. NAGEL: Correct. Yes.
MR. LALLY: And, again, where were you in relation to the vehicle at the time that you made these observations of it?
MS. NAGEL: I was inside at the dining room table, looking out the window.
MR. LALLY: And, at any point in time, did you see anybody come out of that that vehicle?
MS. NAGEL: I did not, no.
MR. LALLY: At any point in time, did you see any -- well, when you came out initially to -- or when you were looking out or when you came out, do you recall anything about the weather and sort of what it was doing at that point?
MS. NAGEL: It was, I would say, like flakes of snow, a little dust on the ground.
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 like imprints in the snow from tires or anything like that?
MS. NAGEL: I don't recall.
MR. LALLY: You don't recall if there was that much snow or what it was?
MS. NAGEL: Correct.
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 like footprints in the snow or on the ground or anything like that?
MS. NAGEL: No.
MR. LALLY: Did you see inside of the vehicle, see anybody inside at any point in time?
MS. NAGEL: No.
MR. LALLY: And you never saw anybody get out of that vehicle at any of the three different points where you saw it parked, correct?
MS. NAGEL: I did not, no.
MR. LALLY: And, when you saw the vehicle parked at those three sort of separate different locations, was the vehicle on? Was it running, if you could tell?
MS. NAGEL: I'm not sure.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes, you may.
BY MR. LALLY:
MR. LALLY: Ms. Nagel, I am going to direct your attention to what has been previously marked as Exhibit 71, 72 and 73. Okay?
MS. NAGEL: Okay.
MR. LALLY: Right now, I'm just going to ask you to take a look at those and look up when you're finished. And, at some point, I may ask you to use this, which is basically the laser pointer. Press on that button and point it up at the screen. Okay?
MS. NAGEL: Okay.
MR. LALLY: So first if you could just look at 71, 72 and 73.
MS. NAGEL: (Witness complies.)
MR. LALLY: And, generally with respect to those three photographs, do you recognize what's depicted in them?
MS. NAGEL: Yes.
MR. LALLY: And what do you recognize it to be?
MS. NAGEL: That it's my friend, Brian Albert, Jr.'s house.
MR. LALLY: Okay. And is that roughly what the house looked like at the time of January 28th-29th, 2022?
MS. NAGEL: Correct. Yes.
MR. LALLY: If I could ask you to flip just back to the first one that I showed you, Exhibit 71.
MR. LALLY: And, Your Honor, with the Court's permission, may I publish that to the jury at this time?
JUDGE CANNONE: You may.
BY MR. LALLY:
MR. LALLY: And so, Ms. Nagel, directing your attention up to the screen above you -- I'm sorry -- to your right, this is what you have before you as Exhibit 71; is that correct?
MS. NAGEL: Yes.
MR. LALLY: If you could, using the laser pointer that's on the desk in front of you, if you could direct the jury's attention to the door that you were talking about that you came out in order to come down and talk to your brother?
MS. NAGEL: Yes. That one right there (indicating).
MR. LALLY: Now, with respect to Ricky's truck, when you came out to speak with your brother, Ryan, where was the truck parked?
MS. NAGEL: The truck was parked right here.
MR. LALLY: And, with respect to that vehicle, the black SUV, where was -- where that vehicle was initially when you saw it, is that visible on this photograph?
MS. NAGEL: Yes.
MR. LALLY: And if you could direct the jury's attention to where that is?
MS. NAGEL: (Witness complies.)
MR. LALLY: Thank you. If I could draw your attention to next -- if I could just ask you to flip to Exhibit 72, and, Ms. Gilman, if I could have that on the screen. Again, what's up on the screen, is that what you have before you as Exhibit 72?
MS. NAGEL: Yes.
MR. LALLY: Now, the second position that you indicated you had observed that black SUV in with relation to the house, if you could, using the laser pointer, draw the jury's attention to where that would be in this photograph?
MR. YANNETTI: Objection. Sidebar, Your Honor?
JUDGE CANNONE: All right. Jurors, feel free to stand up and stretch.
(Whereupon, there was a sidebar conference as follows:)
MR. YANNETTI: This testimony is coming in. I fully realize that. However, my objection is the lack of foundation here because I believe the testimony was that she saw the vehicle move from one point to the next to the next while she was inside the home. Mr. Lally now is questioning her about where Mr. Nagel's car was when she came outside, and we've morphed into where my client's car was when she was inside. So I just want a clarification for the jury that what he's asking right now is what she saw when she was inside the home.
JUDGE CANNONE: Okay. You can do that on cross. I think it's really clear. I think she -- there was not another car there when she left that drove up. Now that we are here, I did not get an opportunity to address your point about Mr. Lally speaking to a witness who is on the stand. I didn't get a chance to look it up but you can't do that. I'm not allowing you to do that.
MR. LALLY: Sure.
JUDGE CANNONE: All right? So if I'm wrong, you let me know. But I think that's improper, Mr. Lally, and I'm not going to let you do it.
MR. LALLY: Okay.
(Whereupon, the sidebar conference concluded.)
BY MR. LALLY:
MR. LALLY: So again, Ms. Nagel, directing your attention to what's up on the screen as Exhibit 72, you indicated in testimony that you the saw that you saw a vehicle from inside the house at three different points, correct?
MS. NAGEL: Yes.
MR. LALLY: You've indicated the first point in the last photograph is the second point that you saw the vehicle in. Is that depicted in this photograph?
MS. NAGEL: Yes.
MR. LALLY: And, if you could, using the laser pointer, just direct the jury's attention to where that second point was that you saw?
MS. NAGEL: (Witness complies.)
MR. LALLY: Thank you. If I could ask you just to flip to the next exhibit, No. 73. And, Ms. Gilman, if I could have that on the screen, as well. And, Ms. Nagel, with regard to the third point or the third different location that you observed that black SUV on that morning, is that visible in this photograph?
MS. NAGEL: Yes.
MR. LALLY: And, again, using the laser pointer, if you could direct the jury's attention to where you observed that, the third point that you observed the black SUV?
MS. NAGEL: (Indicating.)
MR. LALLY: Thank you.
MR. LALLY: That's all the pictures, Ms. Gilman. You can take that off.
BY MR. LALLY:
MR. LALLY: So, Ms. Nagel, you speak with your brother outside and then at some point, after a couple of minutes, come back inside; is that correct?
MS. NAGEL: Yes.
MR. LALLY: And the people that you mentioned that were in the kitchen and dining room area, were they still in that area?
MS. NAGEL: Yes.
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?
MS. NAGEL: Yes.
MR. LALLY: And do you recall what order it was that the people left the house on that morning?
MS. NAGEL: I'm not quite too sure, no.
MR. LALLY: And, with respect to yourself, you indicated that you left with Ms. Levinson and the McCabes, correct?
MS. NAGEL: Yes.
MR. LALLY: And do you recall who, if anyone else, was present in the home when you left?
MS. NAGEL: I'm not sure.
MR. LALLY: And so when you left, how was it that you came out of the residence at that point?
MS. NAGEL: Out the front door.
MR. LALLY: The same front door that you had indicated earlier?
MS. NAGEL: Yes.
JUDGE CANNONE: Let's move on.
MR. LALLY: Sure.
BY MR. LALLY:
MR. LALLY: When you come out from that door, where was it that you went?
MS. NAGEL: Went into Matt and Jennifer's car.
MR. LALLY: And do you recall anything about the car, what type of car it was?
MS. NAGEL: It was an SUV, but I don't know what kind it was.
MR. LALLY: And where was that vehicle parked when you went over to it?
MS. NAGEL: It was in the driveway.
MR. LALLY: And do you recall sort of how you came from the front door to the driveway?
MS. NAGEL: Just walked on through the path of the pathway in the front yard and opening up the door.
MR. LALLY: So sort of along the brick path to the driveway to the car?
MS. NAGEL: Yes.
MR. LALLY: Do you recall when you got in the car where it was you were seated or where anyone else was seated in the car?
MS. NAGEL: Yes. It was Matt driving, Jennifer in the front and then me behind Matt and then Sara next to me in the back, behind Jen.
MR. LALLY: Now, after you get in the car, about how long was it before the car backs out of the driveway and leaves?
MS. NAGEL: I'm not quite too sure.
MR. LALLY: And what, if any, conversation do you recall as far as going on during that period of time and prior to the car backing out of the driveway?
MS. NAGEL: I don't know. I don't remember.
MR. LALLY: Now, when the vehicle leaves from the house, at some point it's going by the house, correct?
MS. NAGEL: Yes.
MR. LALLY: And do you recall which side of the McCabe's vehicle was facing towards the house? And, by that, I mean was it the side you were sitting on or the side that Ms. Levinson was sitting on?
MS. NAGEL: The side that Sara was sitting on.
MR. LALLY: And that would have been the passenger side; is that correct?
MS. NAGEL: Yes.
MR. LALLY: And, at the time that the vehicle was driving by the house, what is it that you were doing at that time, if you know?
MS. NAGEL: We were having a conversation. So Jen was kind of facing towards the back towards me and Sara. We were talking about making PB and jelly sandwiches because there was some peanut butter and jelly and bread in the car. So we were talking about that. But yeah.
MR. LALLY: And so when Ms. McCabe is -- she's in the front seat; is that right?
MS. NAGEL: Yes.
MR. LALLY: And she's talking to you and Ms. Levinson; is that correct?
MS. NAGEL: Yes.
MR. LALLY: And how is it that she's positioned, talking to you with relation to the seat that she's in?
MS. NAGEL: Yeah. I would say she's kind of turned back a little bit towards up in the back seat.
MR. LALLY: What I'm asking is, did she turned toward the center of the vehicle or did she turn towards the window next to her?
MS. NAGEL: Towards the center of the vehicle.
MR. LALLY: And you're speaking to her and to Ms. Levinson, correct?
MS. NAGEL: Yes.
MR. LALLY: Okay. And which direction are you facing?
MS. NAGEL: Facing towards Sara and Jen.
MR. LALLY: And which direction is Sara facing as you're having this conversation?
MS. NAGEL: Toward me.
MR. LALLY: And, as you drive by the home, what, if anything, did you observe?
MS. NAGEL: I did notice behind Sara and Jen, I did notice like something out of the ordinary, like a black blob in the ground by the flagpole.
MR. LALLY: From where you were situated in the car, do you know sort of what was the lighting like over in that area of the yard that you saw by the flagpole?
MS. NAGEL: It was pretty dark out, but the snow was kind of heavy at that point. So I couldn't really see too much, but...
MR. LALLY: So the snow is coming down at that point?
MS. NAGEL: Yes.
MR. LALLY: And, if you know, about where in relation to the flagpole was this black object that you saw?
MS. NAGEL: I'd probably say like close to like the street but like in their lawn, kind of in front of the flagpole next to it.
MR. LALLY: Now -- and I'm sorry to do this again.
MR. LALLY: Ms. Gilman -- Your Honor, with the Court's permission, I would just ask that Exhibit No. 72 be back up on the screen.
JUDGE CANNONE: Okay.
MR. LALLY: And I'm sorry. I should actually have asked for Exhibit No. 73, Ms. Gilman.
BY MR. LALLY:
MR. LALLY: Now, Ms. Nagel, if I could ask, the area where you saw this black object, do you see that area depicted in this photograph?
MS. NAGEL: Yes.
MR. LALLY: And, if you could, using the laser pointer, direct the jury's attention where, as specific as you can be, where you observed that?
MS. NAGEL: (Witness complies.)
MR. LALLY: Thank you, mama. And, Ms. Gilman, you can take that down. 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?
MS. NAGEL: I did say out loud -- I was like, I think I might have saw something. I'm not kind of sure what it was. But I was also intoxicated, drinking. So I didn't really know what it was, what I saw. But Sara was like, what, Julie? And I was like, I don't know what it was. And then that was kind of really it.
MR. LALLY: And that was sort of th end of the conversation in reference to that; is that correct?
MS. NAGEL: Correct. Yes.
MR. LALLY: If I may have a moment, Your Honor?
JUDGE CANNONE: Okay.
BY MR. LALLY:
MR. LALLY: Ms. Nagel, if I could just ask you one more question. With regard to the object that you saw in the area of that flagpole, can you describe how big an object it was that you saw?
MS. NAGEL: I'd probably say like five or six feet, like, long.
MR. LALLY: And, at the time that you're driving by at that point, could you tell what it was?
MS. NAGEL: I'm not quite sure. No. It was just too kind of quick, too quick to tell.
MR. LALLY: Thank you. Nothing further, Your Honor.
MS. NAGEL: Thank you.
JUDGE CANNONE: All right. Mr. Yannetti?
MR. YANNETTI: Thank you, Your Honor.