Sarah Levinson - Cross/Redirect

MR. YANNETTI: Good morning.

MR. YANNETTI: You have lived in Canton your whole life, correct?

MR. YANNETTI: Graduated from Canton High School?

MR. YANNETTI: Have been friends with Brian Albert Jr. since high school?

MR. YANNETTI: I believe you said it's been probably about 10 years now that you've been friends, correct?

MR. YANNETTI: And the two of you actually went to the junior prom together, correct?

MR. YANNETTI: You consider him a close friend, correct?

MR. YANNETTI: You've been to his house many times?

MR. YANNETTI: You've gone inside the home and you've spent time in the backyard as well?

MR. YANNETTI: Gone swimming in the pool that they had in the backyard?

MR. YANNETTI: And in high school you would hang out in their basement, would you not?

MR. YANNETTI: And you know that there is in that basement a bulkhead door that leads to the backyard, correct?

MR. YANNETTI: Um, you're also on good terms with other members of the Albert family, correct? You know his brothers and sisters, correct?

MR. YANNETTI: Caitlin Albert, Brendan Albert, Kayla Albert, and Jack Albert?

MR. YANNETTI: You also know his cousins — um, depends which ones, but yes, some of them?

MR. YANNETTI: You know that Jennifer McCabe's daughters are Brian Albert Jr.'s cousins, correct?

MR. YANNETTI: And you know both of Brian Jr.'s parents — Brian Albert Senior and Nicole Albert, correct?

MR. YANNETTI: And you actually call Nicole Albert by her nickname, correct?

MR. YANNETTI: And what is that nickname?

MR. YANNETTI: And you know Brian Albert Senior relatively well, having been over the house so many times, correct?

MR. YANNETTI: Do you find him a little standoffish?

MR. YANNETTI: Uh, but in any case you're comfortable at the Albert home?

MR. YANNETTI: And you were at the Albert home on the night of January 28th going into the 29th of 2022, correct?

MR. YANNETTI: Got there around 8:00 p.m., correct?

MR. YANNETTI: And you didn't leave until around 2:00 a.m., give or take, correct?

MR. YANNETTI: So again, ballpark figures — if you were there from 8:00 p.m. until 2:00 a.m., that means that you spent about six hours at the Albert home that night into the early morning, correct?

MR. YANNETTI: And you yourself never left the home during those six hours, correct?

MR. YANNETTI: You were inside the home the entire time, correct?

MR. YANNETTI: Were you interviewed by any police officer, state trooper, or other investigator uh about the events of that night, on January 29th of 2022, on that day?

MR. YANNETTI: Uh, what about the rest of January, or even February of 2022 — were you interviewed by any investigator?

MR. YANNETTI: The fact of the matter is that no investigator connected with this case took a statement from you in terms of an interview until about nine months later, correct?

MR. YANNETTI: And that was done at the district attorney's office on October 21st of 2022, correct?

MR. YANNETTI: Now, that night while you were at the house, you'll agree with me that there were people coming and going from the house the whole night, correct?

MR. YANNETTI: Okay. So I'm not talking about like every minute on the minute, but during those six hours you saw people come and you saw people leave, correct?

MR. YANNETTI: But you were not standing guard at the door to take note of everyone who was entering or leaving, or the times that they were entering or leaving, correct?

MR. YANNETTI: Um, you were not, you know, keeping a log, for instance, of when somebody came in or when somebody left?

MR. YANNETTI: And when you got there around 8:00 p.m., you came with your good friend Julie Nagel, correct?

MR. YANNETTI: Julie's father dropped you off there?

MR. YANNETTI: You saw Nicole Albert, Julie Albert, Caitlin Albert, and Brian Albert Jr. when you arrived, right?

MR. YANNETTI: Then Julie Albert, Caitlin Albert, and Nicole Albert left, right?

MR. YANNETTI: But then four friends of Brian Jr. arrived, right?

MR. YANNETTI: And you would name them when Mr. Lally was asking you questions before the break, right?

MR. YANNETTI: Uh, so with those four friends, with you and Julie and Brian Jr., that meant that at that point there were seven people in the house, right?

MR. YANNETTI: Actually there were eight people, uh, because Colin Albert was there as well, correct?

MR. YANNETTI: He got dropped off there at some point?

MR. YANNETTI: And then he was one of the eight people, including yourself, that you were with, correct?

MR. YANNETTI: You never saw him walk in the door, did you?

MR. YANNETTI: You don't remember?

MR. YANNETTI: But during the night you actually sat right next to Colin Albert at the table, correct?

MR. YANNETTI: And with regard to Colin Albert — um, you, I believe you testified he — you really wouldn't say he's a friend of yours, right?

MR. YANNETTI: Um, he was more of an acquaintance, was he not?

MR. YANNETTI: Somebody that you met but you didn't hang around with, right?

MR. YANNETTI: Um, you have never been in a hot tub with Colin Albert, correct?

MR. YANNETTI: Never took a trip to Maine with Colin Albert, right?

MR. YANNETTI: Um, because going away on a road trip — that would be something that you do with a friend, right?

MR. YANNETTI: Okay. And with regard to those four friends of Brian Jr. who arrived — your best estimate is that they came sometime between 11:00 p.m. and 12:00 a.m., right? Sorry, can you repeat that?

MR. YANNETTI: And you can't be sure precisely when they left, because again you weren't watching the clock to make note of when people made their exits, correct?

MR. YANNETTI: Right. And that's like an hour span of time that they could have left within, correct?

MR. YANNETTI: Uh, you never saw Colin Albert physically walk out the door, did you?

MR. YANNETTI: And then at some point before midnight, Brian Albert Senior, Brian Higgins, Nicole Albert, Jennifer McCabe, and Caitlin Albert all arrived at the Albert home, correct?

MR. YANNETTI: And Matt McCabe as well?

MR. YANNETTI: Uh, and you would agree with me that Brian Higgins and Brian Albert arrived at about the same time?

MR. YANNETTI: And that Caitlin Albert, Jennifer and Matt McCabe, and Nicole Albert all came back around the same time, correct?

MR. YANNETTI: Now from that point until the time that you left — and that was around 2:00 a.m., right, give or take?

MR. YANNETTI: The — from that point until around 2:00 a.m., the only person who left the house was your friend Julie Nagel, right?

MR. YANNETTI: Your understanding was that she went outside to talk to her brother Ryan Nagel, right?

MR. YANNETTI: All right. And in addition to not remembering seeing Colin Albert leave, you also did not see Brian Higgins physically leave, correct?

MR. YANNETTI: And you also don't remember seeing Caitlin Albert leave, correct?

MR. YANNETTI: You would agree with me that throughout the night while you were at the house, uh, Caitlin Albert was playing music on her phone?

MR. YANNETTI: I don't remember that there were speakers, though, correct?

MR. YANNETTI: Your memory is not that Caitlin Albert had a song or songs playing on her small iPhone — was it?

MR. YANNETTI: Fair enough. People were singing and dancing, right?

MR. YANNETTI: Pretty much everybody was singing, correct?

MR. YANNETTI: People were talking, correct?

MR. YANNETTI: Everybody appeared to be in a good mood and having a good time?

MR. YANNETTI: And with the music, the singing, the dancing, the talking, the drinking, there was a lot of activity going on in the kitchen dining room area, correct?

MR. YANNETTI: There was plenty, you know, to pay attention to with regard to the people that were in that area, right?

MR. YANNETTI: Brian Jr. was in the kitchen essentially the whole night?

MR. YANNETTI: Jennifer McCabe was charging her phone on the kitchen island — at one point, behind it, but yes?

MR. YANNETTI: Uh, but in any case, you'd agree with me it was noisy in the kitchen?

MR. YANNETTI: And the kitchen's in the Back of the house, yes. Now, you had seen the Albert family dog, the German Shepherd Chloe, prior to that day, correct?

MR. YANNETTI: And Chloe was not a very outgoing dog around people, correct?

MR. YANNETTI: In fact, your impression was that she was a former police dog, correct?

MR. YANNETTI: While you were in the kitchen, with all of the singing and dancing and talking and music going on, you did not hear Chloe bark, correct?

MR. YANNETTI: You did not hear Chloe growl, correct?

MR. YANNETTI: You did not hear somebody get hit in the back of the head with anything, correct?

MR. YANNETTI: And while you were there sitting, you could not hear what, if anything, was going on in the basement, correct?

MR. YANNETTI: Okay. You were catching a ride home with the McCabes ultimately, correct?

MR. YANNETTI: At that time, you believe that you, Julie Nagel, Jennifer McCabe, and Matt McCabe were the last to leave 34 Fairview, correct?

MR. YANNETTI: So at that time, you believed that Brian Higgins and Caitlin Albert had left before you, correct?

MR. YANNETTI: But you didn't see Brian Higgins or Caitlin Albert physically walk out the door — at least you have no memory of that, correct?

MR. YANNETTI: And when you left, you didn't check every room in the house to see who was still there, correct?

MR. YANNETTI: You never went down to the basement that night — that's correct?

MR. YANNETTI: And when you left 34 Fairview, the snow was starting to stick to the ground at around 2:00 a.m. — that's correct?

MR. YANNETTI: But there weren't mounds of snow or snowbanks that had formed, correct?

MR. YANNETTI: And when you left the home, you could still see part of the red brick of the walkway that leads to the driveway, correct?

MR. YANNETTI: And when you got to the driveway, you could still see part of the color of the pavement, correct?

MR. YANNETTI: And you could still see some grass on the front lawn at 2:00 a.m., right?

MR. YANNETTI: You testified at a hearing on May 11th of 2023, so just about a year ago, in Boston, correct?

MR. YANNETTI: And neither the prosecution in this case, Mr. Lally and McLaughlin, or any of the defense team, was there, correct?

MR. YANNETTI: Some other lawyer was asking you questions, right?

MR. YANNETTI: I may approach to grab that. Having reviewed that transcript, does that refresh your memory as to what you testified to a year ago?

MR. YANNETTI: Sure. You were asked the question — quote: "Could you see the grass, sort of, on the lawn?" — that was when you were leaving — and your answer was "Yes." Do you recall that question and answer?

MR. YANNETTI: If I suggested to you that that was the question and answer, would you dispute it?

MR. YANNETTI: Is your memory exhausted as to whether there was that question of you and that answer given?

MR. YANNETTI: Sure. Do you not remember whether you were asked that question that I just read, and the answer that you just gave?

MR. YANNETTI: Okay. If you saw that transcript, would that refresh your memory?

MR. YANNETTI: Page 187. Counsel, may I approach?

MR. YANNETTI: Actually, I'm sorry — I just handed it to you and then took it away. I'm sorry about that. Lines 10 and 11, I would direct your attention, and just read it silently to yourself, please, and look up at me when you're done.

MR. YANNETTI: And was that accurate?

MR. YANNETTI: Okay. With the word being "sort of"?

MR. YANNETTI: Yeah, but I did read it accurately, correct?

MR. YANNETTI: Where was the McCabes' car parked in the driveway? What other cars did you see in the driveway at that time?

MR. YANNETTI: Do you know how many?

MR. YANNETTI: Where were those two cars parked? Were there — strike that. Were there two lanes in the driveway where cars could park?

MR. YANNETTI: And which lane — to the left or the right — were the Albert cars? Or maybe they were in both?

MR. YANNETTI: Okay. So they were pulled up closest to the entrance of the garage, correct?

MR. YANNETTI: All right. And where was the McCabes' car? Behind which car? If you're looking at the house, the lane to the left?

MR. YANNETTI: Okay. Now, when you first walked out of the Albert home, you'd agree with me that the front lawn was right in front of you, correct?

MR. YANNETTI: There were no obstructions blocking your view of that front lawn?

MR. YANNETTI: And there were lights on next to the Albert home front lawn, correct?

MR. YANNETTI: And there was also a lamp post where the front walkway is, correct?

MR. YANNETTI: And between the two garage doors, there's also a spotlight, is there not?

MR. YANNETTI: And you would testify that snow had started to accumulate, right?

MR. YANNETTI: And against that white snow, did you see a black baseball cap?

MR. YANNETTI: Did you see a black sneaker?

MR. YANNETTI: Did you see a 6'2", 220-pound man sprawled out right in front of you on that lawn?

MR. YANNETTI: Did you see 45 pieces of red plastic?

MR. YANNETTI: One piece of red plastic?

MR. YANNETTI: So you saw nothing unusual on that front lawn as you walked out of that house, correct?

MR. YANNETTI: As Jennifer McCabe, Matthew McCabe, and Julie Nagel were walking toward the McCabe car, none of them pointed to the front lawn to direct your attention to anything, correct?

MR. YANNETTI: In fact, you testified that Matt McCabe forgot something and had to go back in the house, correct?

MR. YANNETTI: Which means he actually came out of the house twice that night, correct?

MR. YANNETTI: And the second time he came out, he still would have been facing that front lawn, correct?

MR. YANNETTI: And the second time that Matt McCabe came out, he didn't point at anything in the front lawn, correct?

MR. YANNETTI: And then the four of you were in the McCabe car, right?

MR. YANNETTI: Matt McCabe was driving?

MR. YANNETTI: Jennifer McCabe was in the front passenger seat next to him?

MR. YANNETTI: Julie Nagel was seated behind the driver, behind Matt McCabe, right?

MR. YANNETTI: And you were seated in the second-row passenger seat to the right?

MR. YANNETTI: Behind where Jennifer McCabe was sitting?

MR. YANNETTI: And the car backed out of the driveway, correct?

MR. YANNETTI: And the rear of the car was then facing towards Cedarcrest, correct?

MR. YANNETTI: And the front of the car, where you were going to drive toward, would be toward Chapman Street, correct?

MR. YANNETTI: Which would have put you driving right past the Albert property line, correct?

MR. YANNETTI: And you were closer to that property line than Julie Nagel was, correct?

MR. YANNETTI: And as you drove past that front lawn, you saw nothing out of the ordinary, right?

MR. YANNETTI: Okay. And we had previously talked about the fact that you were first interviewed by investigators on October 21st of 2022, right?

MR. YANNETTI: And the investigator that spoke to you, about nine months after January 29th of 2022, you will agree with me, was Michael Proctor, correct?

MR. YANNETTI: And almost a year after that, you were visited by two female members of the defense team, were you not?

MR. YANNETTI: Okay. Do you recognize Miss Little seated at counsel table as being one of those two females?

MR. YANNETTI: [unintelligible] Is it fair to say, Ms. Morris, that you decided not to speak to anybody from the defense team?

MR. YANNETTI: And you hadn't before you and I just started this discussion, correct?

MR. YANNETTI: Nothing further. Thank you.