Commonwealth v. Read — Trial ArchiveSarah Levinson - Direct
334 linesJUDGE CANNONE: Okay, you are all set. Thank you very much. Appreciate it. Your next witness, Mr. Lally?
MR. LALLY: Yes, Your Honor. The Commonwealth calls Miss Sarah Levinson to the stand.
COURT OFFICER: Follow this way. Watch your step. Stand right here.
COURT CLERK: [Oath administered.] ...the truth, the whole truth, and nothing but the truth, so help you God?
MS. LEVINSON: I do. Thank you.
JUDGE CANNONE: Just need you to scoot up and pull down that microphone. Talk really loud into it. Thank you. Whenever you're ready, Mr. Lally.
MR. LALLY: Thank you. Good morning, ma'am.
MS. LEVINSON: Good morning.
MR. LALLY: Could you please state your name and spell your last name for the jury?
MS. LEVINSON: Sarah Levinson. L-E-V-I-N-S-O-N.
MR. LALLY: And where do you live, ma'am?
MS. LEVINSON: Canton.
MR. LALLY: How long have you lived in Canton?
MS. LEVINSON: My whole life.
MR. LALLY: And who, if anyone, do you live in Canton with?
MS. LEVINSON: My parents.
MR. LALLY: Do you work, ma'am?
MS. LEVINSON: Yes.
MR. LALLY: What do you do for work?
MS. LEVINSON: I'm a registered nurse.
MR. LALLY: And how long have you been a registered nurse?
MS. LEVINSON: Three years.
MR. LALLY: Now, ma'am, if I could turn your attention to the evening of January 28th, 2022, into the early morning of the 29th — you recall those days?
MS. LEVINSON: Yes.
MR. LALLY: You recall what days of the week they were?
MS. LEVINSON: Friday was the 28th, Saturday the 29th.
MR. LALLY: And as far as that evening of the 28th, what, if any, plans did you have for that evening?
MS. LEVINSON: My plans were to go to my friend Brian's house for his birthday celebration.
MR. LALLY: And so your friend — that would be Brian Albert Jr., is that correct?
MS. LEVINSON: Correct.
MR. LALLY: Do you know how old he was turning for his birthday?
MS. LEVINSON: 23.
MR. LALLY: And how did you know Brian Albert Jr. at that time?
MS. LEVINSON: We met in high school. He's the grade below me. So I would say now it's been about 10 years.
MR. LALLY: So about eight. And his house — as far as 34 Fairview Road — had you been there before?
MS. LEVINSON: Yes, plenty of times.
MR. LALLY: And on that particular evening, how was it that you came to be there — how did you get there?
MS. LEVINSON: My friend Julie's father drove us.
MR. LALLY: And your friend Julie — is that Julie Nagel?
MS. LEVINSON: Correct.
MR. LALLY: And yourself and Miss Nagel — how long have you known each other?
MS. LEVINSON: Middle school. So a little bit longer than how long I've known Brian.
MR. LALLY: And you and Miss Nagel — were you in the same grade together?
MS. LEVINSON: Yes.
MR. LALLY: And so her father drives you from your house, picks you up at some point, and brings you over to 34, correct?
MS. LEVINSON: Yes.
MR. LALLY: Do you know about what time it was that you arrived at 34?
MS. LEVINSON: Between 7 and 8:00 p.m.
MR. LALLY: And when you arrive, who, if anyone, was in the house when you got there?
MS. LEVINSON: It was Brian Jr., Nicole Albert, Caitlin Albert, and Julie Albert.
MR. LALLY: And what was — as far as your understanding, what was sort of the plan for that particular evening?
MS. LEVINSON: We were all going to meet at Brian's house. His family was going to go out — his mom, aunt, and sister — and then we were kind of going to go from there, whether we were going to go out or stay home. It was up in the air.
MR. LALLY: And when you arrived there, at some point did his mother Nicole Albert, his aunt, and his sister leave the house?
MS. LEVINSON: Correct.
MR. LALLY: How long a period of time was it, from the time that you and Julie arrived, to the time that Brian's mother, aunt, and sister left?
MS. LEVINSON: 15 to 25 minutes, I would say.
MR. LALLY: And did you have any idea where they were going?
MS. LEVINSON: No.
MR. LALLY: Now, as far as during that time, after they left, do you recall sort of where in the house you were — you were hanging out, or what you were doing?
MS. LEVINSON: We were in the family room and in the kitchen as well.
MR. LALLY: And the kitchen area within the Albert house at 34 Fairview — were you familiar with that?
MS. LEVINSON: Yes.
MR. LALLY: And the kitchen and the dining room — are those sort of the same room, is that correct?
MS. LEVINSON: Correct.
MR. LALLY: And the family room that you're talking about — let me ask you, sort of with respect to 34 Fairview, there are basically two front doors, so —
JUDGE CANNONE: Mr. Lally, I think we can move on from the general description of the house, please.
MR. LALLY: One last question in regards to that — so the family room that you're talking about, where is that in relation to the kitchen?
MS. LEVINSON: If you're looking at the house, it's to the right.
MR. LALLY: Now, at some point in time, did other people join you and Julie and Brian Jr. at the house?
MS. LEVINSON: Between 8 and 9:00.
MR. LALLY: And who was it that came over between 8 and 9?
MS. LEVINSON: Courtney Alba, Kathryn Doody, Emily Fabiano, and Mary Kent.
MR. LALLY: I'm going to ask you to spell all of those last names for us if you would, please.
MS. LEVINSON: So Courtney Alba, A-L-B-A. Kathryn Doody, it's K-A-T-H-R-Y-N, D-O-O-D-Y. Emily Fabiano, the last name F-A-B-B-I-A-N-O — I believe it might be one B. And then Mary Kent, K-E-N-T.
MR. LALLY: Thank you. And with respect to Miss Alba, Miss Doody, Miss Fabiano, and Miss Kent, how did you know them?
MS. LEVINSON: I knew Kathryn and Emily since elementary school. Mary and Courtney I had known since high school. Courtney I was more of an acquaintance with because she was friends with Brian.
MR. LALLY: So she was more friends with your friend than you — sort of a mutual friend, is that correct?
MS. LEVINSON: Correct.
MR. LALLY: Now during the time that you were at the house on Fairview, you mentioned earlier the family room area — where else did you go within the house?
MS. LEVINSON: Just the family room, the kitchen/dining room, and then the bathroom off the kitchen.
MR. LALLY: And so I'm clear as far as what I'm asking — I'm saying "you" in the plural — so you, in addition to all the other people that you've just mentioned, was there any other area of the house that the group of you went at any point?
MS. LEVINSON: Brian took either Mary or Kathryn — I don't remember which one — upstairs at one point to see their family dog.
MR. LALLY: Keep your voice up if you would, please. Sorry. And about how long a period were they upstairs?
MS. LEVINSON: No more than five to ten minutes.
MR. LALLY: And so what was it that the group of you were doing at the house over the course of this evening?
MS. LEVINSON: So we were celebrating Brian's birthday. They had gotten calzones. We were eating, and then we were drinking.
MR. LALLY: And in general terms, do you recall what the group was sort of drinking that night?
MS. LEVINSON: Like seltzer. I know Brian was most likely drinking White Claw, because that's really all he drinks. I remember one of the other girls bringing Trulys. I'm not sure about the other people, but around that type of stuff.
MR. LALLY: Do you know how much each of the people sort of had to drink while they were there?
MS. LEVINSON: I'm not completely sure. No one was tipping over.
MR. LALLY: Fair to say that whatever people had, it was sort of commensurate with each other, is that correct?
MS. LEVINSON: Correct.
MR. LALLY: Now at some point over the course of the evening — — so eating or drinking, was there like music going or anything like that?
MS. LEVINSON: Yes, music.
MR. LALLY: And if you recall, how was the music being played?
MS. LEVINSON: Through a Bluetooth speaker.
MR. LALLY: And over the course of the evening, in addition to the people that you've just mentioned, at some point had somebody else come by?
MS. LEVINSON: Yes.
MR. LALLY: And who was that?
MS. LEVINSON: Colin Albert.
MR. LALLY: And did you know Colin Albert prior to that evening as well?
MS. LEVINSON: Yes.
MR. LALLY: And about how old was Colin around that time?
MS. LEVINSON: High school, like late high school.
MR. LALLY: And how well did you know Colin?
MS. LEVINSON: Not very well. Like I said, I'd been friends with Brian for about eight years at that point, and I knew Colin — or I know Colin's older brother Christopher pretty well. He's my age. I grew up with him, known him since elementary school. So it's kind of like we weren't friends — I wouldn't say me and Colin — but we were cordial.
MR. LALLY: He's the younger brother of somebody you went to school with, correct?
MS. LEVINSON: Correct.
MR. LALLY: And he was your friend Brian Jr.'s cousin, correct?
MS. LEVINSON: Correct.
MR. LALLY: Now with respect to Colin, do you know about what time he arrived?
MS. LEVINSON: I can't say for sure. Not sure.
MR. LALLY: Sometime before or after the other — Miss [unintelligible], Miss Fabiano, Miss [unintelligible]? He was there when Miss Fabiano, Miss [unintelligible] —
MS. LEVINSON: He was there when Miss Doody, Miss Fabiano, and Miss Kent were there. I'm not sure if Miss Alba was still there, because she left separately from those three.
MR. LALLY: And you mentioned that you had come over to the house getting a ride from Miss Nagel's father, correct?
MS. LEVINSON: Correct.
MR. LALLY: Do you know how the other women got over to the house — as far as Miss Kent, Miss Doody?
MS. LEVINSON: They got dropped off. I'm not sure by who.
MR. LALLY: So fair to say there weren't like a line of cars out in front of the house, right?
MS. LEVINSON: Correct.
MR. LALLY: And about how long, with respect to that group that was there — as far as you and the other young women — about how long a period of time were you all there?
MS. LEVINSON: Like two to three hours.
MR. LALLY: So do you know about what time it was that Miss Alba, Miss Doody, and Miss Kent left?
MS. LEVINSON: Miss Alba left before the other three. Her boyfriend picked her up. And then Miss Kent, Miss Doody, and Miss Fabiano all left together. I know it was before midnight.
MR. LALLY: And when they left, was Colin Albert still there?
MS. LEVINSON: I believe so.
MR. LALLY: And do you know about how much time or overlap there was between Colin Albert and the other women — as far as Miss [unintelligible], Fabiano?
MS. LEVINSON: I don't remember exactly.
MR. LALLY: Now from your recollection of that evening, how would you describe the mood or the demeanor within the house over the course of those few hours?
MS. LEVINSON: Everything was good, happy. We were celebrating. No issues.
MR. LALLY: No issues with anybody that was there?
MS. LEVINSON: No.
MR. LALLY: Now after — at some point in time later on in the evening, or in the early morning of the 29th, who if anyone else came by?
MS. LEVINSON: So Mr. Albert — Brian's father — Mr. Higgins, Mrs. Albert — Brian's mother — Caitlin Albert — Brian's sister — Jennifer McCabe — Brian's aunt — and then Matt McCabe — Brian's uncle.
MR. LALLY: Let me break that down, ask you bit by bit. So as far as the order of people arriving — at some point did you learn where they were coming from?
MS. LEVINSON: Yes.
MR. LALLY: And where were they coming from?
MS. LEVINSON: Brian's father and Mr. Higgins, as far as I knew, were coming from New York. They were at a funeral for a fallen police officer. And Brian's other family members — aunt, uncle, mother, and sister — they were out in Canton. I wasn't sure what establishment.
MR. LALLY: And so those people that you described — did they all come at the same time or did they come in sort of a staggered fashion?
MS. LEVINSON: Brian's father and Mr. Higgins arrived first, but they all arrived within five minutes of each other.
MR. LALLY: And first, in reference to Brian's father, Brian Senior — you had obviously met him on prior occasions, correct?
MS. LEVINSON: Correct.
MR. LALLY: And Brian Higgins — is that someone that you had known prior to that evening?
MS. LEVINSON: No.
MR. LALLY: And when Mr. Albert — Brian Senior — and Mr. Higgins arrived at the residence on Fairview, was Colin Albert still there?
MS. LEVINSON: I don't remember.
MR. LALLY: Do you have any recollection of those people being in the same room at the same time?
MS. LEVINSON: I don't remember.
MR. LALLY: And so as far as Brian Jr., your friend — his mother's name is Nicole, is that right?
MS. LEVINSON: Correct.
MR. LALLY: His sister's name is Caitlin, correct?
MS. LEVINSON: Correct.
MR. LALLY: And did you know both of them prior to the evening of the 28th?
MS. LEVINSON: Yes.
MR. LALLY: And with respect to Caitlin, how would you describe your sort of relationship with her?
MS. LEVINSON: We were friends in high school.
MR. LALLY: Fair to say that you were closer with Brian Jr. versus Caitlin, correct?
MS. LEVINSON: Correct.
MR. LALLY: And same question in regards to Colin Albert — do you recall whether or not he was there in the house at the time that Nicole and Caitlin came?
MS. LEVINSON: I don't remember.
MR. LALLY: And then as far as Jennifer and Matthew McCabe — were you familiar with them prior to the evening of the 28th?
MS. LEVINSON: I knew who they were. I'm not sure if I've ever had a conversation with them prior to that.
MR. LALLY: When you say you knew who they were — how was it that you knew?
MS. LEVINSON: I knew they were Brian's aunt and uncle.
MR. LALLY: Had you ever met them before, or had any occasion to see them anywhere before, that you can recall?
MS. LEVINSON: I know I had seen or met Jen before. I'm not sure about Matt.
MR. LALLY: And same question — as far as Colin Albert, do you recall whether or not he was in the house at any point in time when the McCabes were there?
MS. LEVINSON: I don't remember.
MR. LALLY: Do you recall Colin leaving the house at some point?
MS. LEVINSON: Yes.
MR. LALLY: You just don't recall when it was in relation to when the other people arrived from wherever they were?
MS. LEVINSON: No.
MR. LALLY: And do you recall how it was that he left the house?
MS. LEVINSON: He got a ride.
MR. LALLY: Do you know who he got a ride from?
MR. YANNETTI: Objection.
JUDGE CANNONE: Do you know?
MS. LEVINSON: No.
MR. LALLY: Next question. Now when these other people came to the house — I'll refer to them as the "older adults" — is that a fair portrayal of them?
MS. LEVINSON: Sorry, can you repeat that?
MR. LALLY: Older than the rest of the people that were there earlier, is that correct?
MS. LEVINSON: Correct.
MR. LALLY: So that group that came in later — as far as when they arrived, where were they situated in the house?
MS. LEVINSON: We were all in the dining/kitchen area.
MR. LALLY: So all in that same sort of area, correct?
MS. LEVINSON: Correct.
MR. LALLY: Now at any point in time over the course of the evening, do you recall anybody from that group of people sort of going anywhere else in the house that you saw?
MS. LEVINSON: Not that I remember.
MR. LALLY: And with respect to the house on Fairview Road — you're familiar with where the basement is located in the house, is that correct?
MS. LEVINSON: Yes.
MR. LALLY: And at any point in time in the evening, did you see anybody from that group — either before or after — go anywhere near the basement or go into the basement area?
MS. LEVINSON: No.
MR. LALLY: Now with respect to the sort of mood and demeanor after these other folks came by — about what time was it that those people started coming back in from wherever they were coming?
MS. LEVINSON: 12:15. It wasn't that long after it struck midnight.
MR. LALLY: So sometime after the stroke of midnight, these other folks start to come back to the house, correct?
MS. LEVINSON: Correct.
MR. LALLY: And from that period — from 12:15 or so — about how long was it after that that you were at the house?
MS. LEVINSON: I left between 1:30 and 2:00 a.m.
MR. LALLY: So about an hour and a half or so after they got there, correct?
MS. LEVINSON: Correct.
MR. LALLY: Now with respect to that hour and a half or so after they ...got there, how would you describe sort of the mood and the demeanor within the home during that time?
MS. LEVINSON: Same thing. We were celebrating, happy, dancing, all that. It continued. The drinking continued.
MR. LALLY: Correct. No issues or arguments or anything of that sort?
MS. LEVINSON: Correct.
MR. LALLY: Now within the area of the kitchen dining area, at some points do you recall where people were? I'm talking later in the evening, when the folks came back to the house after midnight. Do you remember where those people were situated around the kitchen dining room area at that time?
MS. LEVINSON: Yes.
MR. LALLY: And could you describe to the jury sort of where they were?
MS. LEVINSON: So the dining room table is a square, and it was in front of the front window. So in front of the front window, where their back would be to the window, was my friend Julie Nagel. I was sitting then — I don't know, was that perpendicular? I don't — I haven't taken math in a long time. I was sitting here, if the window's here, I was sitting on this side, facing — I could see the front door. And then to my right, Brian Senior and Mr. Higgins were standing, so their backs towards the kitchen. And Mrs. Albert — Nicole — was sitting with her back to the front door area. And Jen and Matt and Caitlin, I don't believe were sitting.
MS. LEVINSON: And over that course of an hour and a half or so after those folks came back to the house sometime after midnight, did you observe any other people walking or coming into the house at any point in time? No.
MR. LALLY: Let me ask you this. As far as on January 28th into the 29th of 2022, did you know anybody by the name of John O'Keefe?
MS. LEVINSON: No.
MR. LALLY: And did you know anybody by the name of Karen Read?
MS. LEVINSON: No.
MR. LALLY: And with respect to either of those people or any other people, no one else came into the house while you were there, correct?
MS. LEVINSON: Correct.
MR. LALLY: Now at some point in time, your friend Julie — did she go outside of the house?
MS. LEVINSON: Yes.
MR. LALLY: And can you explain to the jury what that was in regard to?
MS. LEVINSON: Her older brother Ryan was coming to pick us up to take us home. So she went out to talk to him prior to him arriving. She said something to me along the lines of, "Ryan's coming to get us," which Jen McCabe said "Yass," and so —
MR. LALLY: In relation to when folks arrived back from wherever they were coming from to 34 Fairview, when was it that you had this conversation with Julie about her brother?
MS. LEVINSON: Around 12:30, give or take.
MR. LALLY: And at some point did Julie go outside the house?
MS. LEVINSON: Yes.
MR. LALLY: And did you have any occasion to look outside at any point when she was out there?
MS. LEVINSON: No.
MR. LALLY: And about how long a period of time was Julie outside the house?
MS. LEVINSON: No longer than five minutes.
MR. LALLY: And after that — her going outside no longer than five minutes and coming back inside — were there other arrangements that were made as far as how you and Julie were going to get home that night?
MS. LEVINSON: Yes.
MR. LALLY: And what were those arrangements? As far as what was your understanding of how you were getting home that night?
MS. LEVINSON: Jen McCabe and Matt McCabe would drive us home.
MR. LALLY: Now, Jen McCabe — around that time that Julie went outside of the house and came back in — what, if anything, did you observe her to be doing?
MS. LEVINSON: Her phone was plugged in behind me, charging. She was checking it periodically.
MR. LALLY: And again, if you can remind the jury sort of what — what was behind you, as far as where that was?
MS. LEVINSON: So I was sitting, and behind me was a wall, and then behind that wall would be the family room.
MR. LALLY: And so I guess what I'm asking is, was there something specific that her phone was resting on, or was it just hanging out of a plug, or how was it positioned?
MS. LEVINSON: I think it was just resting on the floor.
MR. LALLY: And with reference to her phone, was that something that Mrs. McCabe came over and looked at at any point in time while it was charging?
MS. LEVINSON: Yes.
MR. LALLY: How many times?
MS. LEVINSON: I'm not sure to be exact.
MR. LALLY: Let me ask you this — was it once, or more than once, or something else?
MS. LEVINSON: More than once, I would say.
MR. LALLY: And without any reference to anything that was said, was there some conversation that you had with Mrs. McCabe during the time that she would come over and check or look at the phone?
MS. LEVINSON: Not in general — I remember her saying someone was coming, and the someone that she indicated was coming — again, no one ever actually came in the house or was around the house that you were aware of — Correct.
MR. LALLY: Correct. And so about what time was it that you left the home on Fairview on that particular evening?
MS. LEVINSON: Between 1:30 and 2:00 a.m.
MR. LALLY: And you left with your friend Miss Nagel, as well as Mr. and Mrs. McCabe, correct?
MS. LEVINSON: Correct.
MR. LALLY: And do you recall what kind of vehicle they had or what they were driving on that evening?
MS. LEVINSON: Some sort of large Subaru type — I don't know the exact make or brand. But a large — all I could say was like a sub — not a Subaru, a sub — not a Suburban, I don't know cars — like a Tahoe, like a big car.
MR. LALLY: Like a bigger SUV?
MS. LEVINSON: Correct, yes.
MR. LALLY: And with the SUV that you eventually got into and took a ride home, correct?
MS. LEVINSON: Yes.
MR. LALLY: And if you recall, from within the SUV that you got into, as far as the back seat was concerned, was it two rows, three rows, or something else?
MS. LEVINSON: It was three rows.
MR. LALLY: And where was that vehicle parked when you came out to get into it?
MS. LEVINSON: In the driveway.
MR. LALLY: And when you came out to go from the house to the car, what, if anything, did you observe — as far as what was the weather doing?
MS. LEVINSON: It was snowing.
MR. LALLY: And as far as the snow that had come, was there any sort of accumulation on the ground that you saw?
MS. LEVINSON: Yes.
MR. LALLY: And so based on that, what, if anything, do you recall about sort of your walk from the front door to the McCabes' vehicle?
MS. LEVINSON: So we exited the front door and went down the front walkway to the driveway. As I said, it was snowing. Julie and I were arms linked, and I was looking down at my feet to make sure I didn't slip.
MR. LALLY: And were you looking down at —
MS. LEVINSON: I wore shoes that my mother told me not to wear because they didn't have traction, but they went with my outfit so I wore them anyway. And I knew if I had slipped and fell, she would say, "I told you so," so I made sure not to do that.
MR. LALLY: And when you get to the vehicle, do you recall sort of who was driving and who sat where within the vehicle?
MS. LEVINSON: Yes. So Matt was driving, Jennifer was in the passenger seat, Julie was behind Matt on the driver's side, and then I was behind Jen.
MR. LALLY: And when you get into the back of the vehicle, do you recall — was there any sort of conversation about whether Mr. or Mrs. McCabe knew where the two of you lived at that point?
MS. LEVINSON: They did not.
MR. LALLY: So I imagine there was some discussion as far as where to go, or what was the address, or something like that?
MS. LEVINSON: Yes, correct.
MR. LALLY: Do you recall if that was something that was plugged into GPS, or were you just sort of giving verbal instructions?
MS. LEVINSON: I don't remember.
MR. LALLY: And do you recall as far as the order of who got dropped off first versus yourself and Miss Nagel?
MS. LEVINSON: Yes.
MR. LALLY: And who got dropped off first?
MS. LEVINSON: Julie.
MR. LALLY: And about how far a drive is it from the address on Fairview to Julie's?
MS. LEVINSON: Less than five minutes.
MR. LALLY: And same — so from Julie's house you went to your house, is that correct?
MS. LEVINSON: Yeah, about five minutes, I would say — from Julie's to mine, five minutes or so from Fairview to Julie's, and five minutes or so from Julie's.
MR. LALLY: Correct. Now, when you got in the back of the vehicle, do you recall any other sort of discussion while you were in the driveway before you left?
MS. LEVINSON: Yes. We got into the car, Matt forgot his jacket inside, so he went back to get his jacket. And Julie and I were in the back seat looking around. One of us noticed — I remember a loaf of bread, just a lone loaf of bread, in the back seat. We said something to Jen because we thought it was weird, and she said something along the lines of, "Oh, anyone want a peanut butter and jelly on the way?" — like making a joke.
MR. LALLY: So we were looking back at the third row. And so Mrs. McCabe is in the front seat of the vehicle at this point?
MS. LEVINSON: Yes.
MR. LALLY: So she sort of turns to talk to you while you're in the back seat, correct?
MS. LEVINSON: Correct.
MR. LALLY: And when she turned, was it toward the center of the car, or the window, or something else?
MS. LEVINSON: To the center.
MR. LALLY: And Mr. McCabe gets his jacket, comes back in the car, and at some point backs out of the driveway, correct?
MS. LEVINSON: Correct.
MR. LALLY: And when Mr. McCabe drives from there headed towards Miss Nagel's house, do you recall which direction the vehicle was facing as far as going by the house on Fairview? So let me ask it probably in a better way.
MS. LEVINSON: Okay.
PARENTHETICAL: [sidebar]
MR. LALLY: So at some point, did you drive past the 34 Fairview Road residence on the way to Julie's house?
MS. LEVINSON: Yes.
MR. LALLY: And when you did so, which side of the McCabes' vehicle was facing the Fairview Road residence — was it the side that you're on, or the side that Julie was on?
MS. LEVINSON: The side I was on.
MR. LALLY: And at the time that you were driving past, was there conversation still going on in the back seat of the car or with anybody else in the car?
MS. LEVINSON: Yes.
MR. LALLY: And who was sort of engaging in conversation?
MS. LEVINSON: Myself and Julie.
MR. LALLY: So you're looking at her direction while you're talking to her, is that correct?
MS. LEVINSON: Correct.
MR. LALLY: And as you're driving past the house, what, if anything, does Julie say?
MR. YANNETTI: Objection.
JUDGE CANNONE: Ask it differently.
MR. LALLY: As you're driving past the house, what, if any, conversation were you having —
JUDGE CANNONE: I'm going to see counsel on this one. Jurors, feel free to stand up.
MR. LALLY: Miss Levinson — with respect to what Miss Nagel said to you in the car, you two were conversing, correct?
MS. LEVINSON: Correct.
MR. LALLY: And as you're pulling past the house, she says something to you, correct — or says something out loud?
MS. LEVINSON: Not farther up the street.
MR. LALLY: And so when you're talking about farther up the street, where was the vehicle in relation to the house at 34 Fairview when she said it?
MS. LEVINSON: The house was behind
MR. LALLY: Us, and so based on what she had said, where does your attention go?
MS. LEVINSON: When she was speaking to me, I looked at her. Once she said what she said, I looked the other way to the window.
MR. LALLY: And at the time that you looked to the window, what was sort of outside the window in reference to 34 Fairview? Was any part of the residence, or lawn, or anything else visible to you at that time?
MS. LEVINSON: No.
MR. LALLY: And so was it a neighboring house? Is that fair to say?
MS. LEVINSON: One of the neighboring houses, yes.
MR. LALLY: So whether it was next door neighbor or a couple houses down, it was past that point, right?
MS. LEVINSON: Correct.
MR. LALLY: And was there any further discussion that you recall in the back seat of the vehicle between yourself and Julie in relation to that earlier statement?
MS. LEVINSON: Um, I asked for clarification.
MR. LALLY: Did you receive any further clarification?
MS. LEVINSON: No.
MR. LALLY: I may have a moment.
JUDGE CANNONE: Yes.
MR. LALLY: Nothing further for this witness.
JUDGE CANNONE: All right, so this is a good place for us to take our morning recess. See all right — for the court, please follow me.
PARENTHETICAL: [recess]