Sarah Levinson — Direct

MR. LALLY: Thank you, Your Honor.

MR. LALLY: Good morning.

MR. LALLY: Could you please state your name and spell your last name for the record?

MR. LALLY: And where do you live, ma'am?

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

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

MR. LALLY: Now, do you work, ma'am?

MR. LALLY: What do you do for work?

MR. LALLY: And how long have you been a registered nurse?

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. Do you recall those days?

MR. LALLY: And do you recall what days of the week they were?

MR. LALLY: And as far as that evening of the 28th, what, if any, plans did you have for that evening?

MR. LALLY: And so your friend, that would be Brian Albert, Jr.; is that correct?

MR. LALLY: Do you know how old he was turning for his birthday?

MR. LALLY: And how long or how did you know Brian Albert, Jr. at that point?

MR. LALLY: And his house as far as 34 Fairview Road, had you been there before?

MR. LALLY: Plenty of times; is that fair to say?

MR. LALLY: And, on that particular evening, how was it that you came to be there? How did you get there?

MR. LALLY: And your friend Julie, is that Julie Nagel?

MR. LALLY: And yourself and Julie Nagel, how long have you known each other?

MR. LALLY: And you and Ms. Nagel, were you in the same grade together?

MR. LALLY: So her father drives you from your house, picks you up at some point and brings you over to 34 Fairview?

MR. LALLY: Do you know about what time it was that you arrived at 34 Fairview?

MR. LALLY: And, when you arrived, who, if anyone, besides -- who, if anyone, was in the house at Fairview when you got there?

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

MR. LALLY: And when you arrived there -- so at some point, did his mother, Nicole Albert; his aunt and his sister leave the house?

MR. LALLY: About 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?

MR. LALLY: And did you have any idea where they were going?

MR. LALLY: Now, as far as during that time after they left, what was it -- do you recall from where in the house you were or you were hanging out or what you were doing?

MR. LALLY: And the kitchen area within the Albert house at 34 Fairview, were you familiar with that?

MR. LALLY: And the kitchen area within the Albert house at 34 Fairview, were you familiar with that?

MR. LALLY: And the kitchen and the dining room, are those sort of the same room; is that correct?

MR. LALLY: And the family room that you're talking about -- well, let me ask you this: With respect to 34 Fairview, there are basically two front doors to the house, correct?

MR. LALLY: Sure. Just one last question in regard to that.

MR. LALLY: So the family room that you're talking about, where is that in relation to the kitchen dining area?

MR. LALLY: Now, what is it that -- at some point in time, did other people join you and Julie and Brian, Jr. at the house?

MR. LALLY: And who was it that came over between 8:00 and 9:00 o'clock?

MR. LALLY: And, with respect to Ms. Alba, Ms. Doody, Ms. Fabbiano and Ms. Kent, how did you know them?

MR. LALLY: So she was more friends with your friend and you had sort of a mutual friend; is that correct?

MR. LALLY: Okay. Now, during the time that you were at the house on Fairview, you mentioned earlier you were sort of in a family room area. Where else did you go within the house?

MR. LALLY: And just so I'm clear as far as what I'm asking, when I'm saying "you," I'm saying "you" sort of in the plural. So it's 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?

MR. LALLY: And about how long a period were they upstairs, seeing the family dog?

MR. LALLY: And so what was it that the group of you were doing at the house over the course of this evening?

MR. LALLY: And, in general terms, if you recall, what was the group sort of drinking that night?

MR. LALLY: And do you know how much each of the people sort of have to drink while they were there?

MR. LALLY: And fair to say that whatever people had, it was sort of commensurate with each other; is that correct?

MR. LALLY: Now, at some point -- well, over the course of the evening and you're eating and you're drinking, was there like music going or anything like that?

MR. LALLY: And, if you recall, like sort of how was the music being played?

MR. LALLY: Over the course of the evening, in addition to the people that you've just mentioned, at some point did somebody else come by the house?

MR. LALLY: And who was that?

MR. LALLY: And did you know Colin Albert prior to that evening, as well?

MR. LALLY: And about how old was Colin around that time?

MR. LALLY: And how was it or how well did you know Colin Albert?

MR. LALLY: Okay. He's a younger brother of somebody that you went to school with?

MR. LALLY: And he was your friend, Brian Albert, Jr.'s, cousin, correct?

MR. LALLY: Okay. Now, with respect to Colin, do you know about what time he arrived?

MR. LALLY: Was it sometime before or after the others, Ms. Kent, Ms. Fabbiano, Ms. Alba and Ms. Doody arrived?

MR. LALLY: And you mentioned that you had come over to the house, getting a ride from Ms. Nagel's father, correct?

MR. LALLY: Do you know how the other women got over to the house as far as Ms. Kent, Ms. Fabbiano, Ms. Alba and Ms. Doody?

MR. LALLY: So fair to say there weren't like a line of cars out in front of the house, 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 at the house?

MR. LALLY: So do you know about what time it was that Ms. Alba, Ms. Fabbiano, Ms. Doody and Ms. Kent left?

MR. LALLY: And, when they left, Colin Albert, was he still there?

MR. LALLY: And do you about how much time or overlap there was between Colin Albert and the other women as far as Ms. Kent, Ms. Fabbiano and Ms. Doody?

MR. LALLY: Now, from your recollection of that evening, how would you describe sort of the mood or the demeanor within the house over the course of those few hours?

MR. LALLY: So no issues with anybody that was there?

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 the house or came to the house?

MR. LALLY: Let me sort of break it down and 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?

MR. LALLY: And where were they coming from?

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 or how did they arrive?

MR. LALLY: And just first in reference to Brian's father, Brian, Sr., you had obviously met him on prior occasions, correct?

MR. LALLY: And Brian Higgins. Is that someone that you had met before or you had known prior to that evening?

MR. LALLY: And, when Mr. Albert, being senior, and Mr. Higgins arrived at the residence on Fairview, was Colin Albert still there?

MR. LALLY: Do you have any recollection of those people being in the same room at the same time on that evening?

MR. LALLY: And so as far as Brian, Jr., your friend, his mother's name is Nicole; is that right?

MR. LALLY: And his sister's name is Caitlin?

MR. LALLY: And did you know both of them prior to the evening of the 28th?

MR. LALLY: And with respect to Caitlin, how would you describe sort of your relationship with her?

MR. LALLY: Fair to say that you were closer with Brian, Jr. versus Caitlin, correct?

MR. LALLY: Okay. And same question in regard to Colin Albert. Do you recall whether or not he was there or in the house at the time that Nicole and Caitlin came over?

MR. LALLY: And then, as far Jennifer and Matthew McCabe, were you familiar with them prior to the evening of the 28th?

MR. LALLY: When you say you knew who they were, how was it that you knew who they were?

MR. LALLY: Had you ever met them before or ever had any occasion to see them anywhere before that you can recall?

MR. LALLY: And the same question in reference to 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?

MR. LALLY: Do you recall Colin Albert leaving the house at some point?

MR. LALLY: You just don't recall when it was in relation to when the other people arrived from wherever they were?

MR. LALLY: And do you recall how it was that he left the house?

MR. LALLY: And do you know who he got a ride from?

MR. LALLY: Now, when these other people came to the house, so we'll refer to them as the older adults is a fair portrayal of them?

MR. LALLY: They were older than the rest of the people that were there earlier than them, correct?

MR. LALLY: So that group that came in later, as far as when they arrived, where were they in relation to the house? Like where were they situated?

MR. LALLY: So all in that same sort of area?

MR. LALLY: Now, at any point of 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?

MR. LALLY: And with respect to the house on Fairview Road, you are familiar with where the basement is located in the house; is that correct?

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 of the home?

MR. LALLY: Now, with respect to the sort of mood and demeanor after these other folks come by, do you know about what time it was that those people started coming back in from wherever they were coming?

MR. LALLY: So sometime after the strike of midnight, these other folks started to come back to the house?

MR. LALLY: And, from that period, from 12:00, 12:15 or so, from that period, about how long was it after that that you were at the house on Fairview?

MR. LALLY: So about an hour and a half or so after they got there?

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?

MR. LALLY: So the music continued and the drinking continued, correct?

MR. LALLY: Okay. No issues or arguments or anything that you observed, correct?

MR. LALLY: Now, within the area of the kitchen/dining area, at some point do you recall where people were -- I'm talking later in the evening when the folks come back to the house after midnight. Do you remember where those people were sort of situated around the kitchen/dining room area at the time?

MR. LALLY: And could you describe to the jury sort of where they were?

MR. LALLY: And, over that course of 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?

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?

MR. LALLY: And did you know anybody by the name of Karen Read?

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?

MR. LALLY: Now, at some point in time, your friend, Julie, did she go outside of the house?

MR. LALLY: And can you explain to the jury what that was in regard to?

MR. LALLY: And so in relation to when the folks arrived back from wherever they were coming from to 34 Fairview, when was this that you had this conversation with Julie about her brother coming to pick you guys up?

MR. LALLY: And, at some point, did Julie go outside of the house?

MR. LALLY: And did you have any occasion to look outside at any point when she was out there?

MR. LALLY: Okay. And about how long a period of time was Julie outside the house for?

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?

MR. LALLY: And what were those arrangements as far as what was your understanding of how you were getting home that night?

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?

MR. LALLY: And, again, if you could remind the jury sort of what was it that was behind you as far as where was your phone?

MR. LALLY: And so I guess what I'm asking is was there something specific that her phone was like resting on or was it just sort of hanging out of a plug or how was it positioned, if you know?

MR. LALLY: And, with reference to her phone, was that something that Ms. McCabe came over and looked at at any point in time while it was charging?

MR. LALLY: And how many times, if you know?

MR. LALLY: Let me ask you this: Was it once or more than once or something else?

MR. LALLY: And, without any reference to anything that was said, was there some conversation that you had with Ms. McCabe during the times that she would come over and check or look at the phone

MR. LALLY: And that 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: And so about what time was it that you left the home on Fairview on that particular evening?

MR. LALLY: And you left with your friend, Ms. Nagel, as well as Mr. and Mrs. McCabe, correct?

MR. LALLY: And do you recall what kind of vehicle they had or what they were driving on that evening?

MR. LALLY: So like a bigger SUV, correct?

MR. LALLY: Okay. And within the SUV that you eventually got into and took a ride home, correct?

MR. LALLY: Okay. And, if you recall, from within the SUV that you got into, was there -- as far as the back seat was concerned, was it two rows, three rows or something else?

MR. LALLY: And where was that vehicle parked when you came out to get into?

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 at that point?

MR. LALLY: And, as far as the snow that had come, was there any sort of accumulation on the ground that you saw?

MR. LALLY: And so based on that, what, if anything, do you recall about sort of your walk from the front door to the McCabe's vehicle in the driveway?

MR. LALLY: And why were you looking down at your feet?

MR. LALLY: And, when you get to the vehicle, do you recall sort of who was driving and who sort of sat where within the vehicle?

MR. LALLY: And, when you get into the back of the vehicle, do you recall, was there any sort of conversation about -- did either Mr. or Mrs. McCabe know where the two of you lived at that point, if you know?

MR. LALLY: So I imagine there was some discussion as far as where to or what was the address or something like that?

MR. LALLY: And do you recall if that was something that plugged into a GPS or were you just sort of giving verbal instructions about where to go?

MR. LALLY: And do you recall as far as the order of who got dropped off first versus yourself and Ms. Nagel?

MR. LALLY: And who got dropped off first?

MR. LALLY: About how far a drive is it from the address on Fairview to Julie's house?

MR. LALLY: And same as far as -- so from Julie's house you then went to your house; is that correct?

MR. LALLY: Okay. So five minutes or so from Fairview to Julie's and five minutes or so from Julie to yours?

MR. LALLY: Now, when you get in the back of the vehicle, do you recall any other sort of discussion while you were in the driveway before you left?

MR. LALLY: And so Ms. McCabe is in the front seat of the vehicle at this point?

MR. LALLY: And so she sort of turns to talk to you while you are in the back seat?

MR. LALLY: And was she turned towards sort of the center of the car or the window or something else?

MR. LALLY: And, if you recall, Mr. McCabe gets his jacket, comes back in the car and, at some point, backs out of the driveway?

MR. LALLY: And, when Mr. McCabe drives from there, headed toward Ms. Nagel's house, do you recall which direction that the vehicle was facing as far as going by the house on Fairview?

MR. LALLY: Let me ask it probably in a better way.

MR. LALLY: So at some point did you drive past the 34 Fairview Road residence on the way to Julie's house?

MR. LALLY: Okay. And, when you did so, which side of the McCabe's vehicle was facing the Fairview Road residence? Was it the side that you're on or the side that Julie is on?

MR. LALLY: And, at the time that you were driving past that, was there a conversation still that was going on in either the back seat of the car or with anybody else in the car?

MR. LALLY: And who was sort of engaged in conversation with them?

MR. LALLY: And so you're looking at her direction while you're talking to her; is that correct?

MR. LALLY: And, as you're driving past the house, what, if anything, does Julie say?

MR. LALLY: Sure.

MR. LALLY: As you are driving past the house, what, if any, conversation were you having at that point?

MR. LALLY: Hearsay.

MR. LALLY: I'm sorry.

MR. LALLY: So it is hearsay, but I think it's an exception because I'm not offering it for the truth of the matter asserted. I'm offering it for the effect on the listener, essentially. What I anticipate the response to be is Ms. Nagel indicated something that she saw on the front law area. And that then drew Ms. Levinson's attention. Now, Ms. Levinson didn't see anything because by the time she looks over, they already passed the lawn. But I think the fact that the statement was made and her attention was drawn to it is relevant.

MR. LALLY: So, Ms. Levinson, without respect to what Ms. Nagel said to you in the car, the two of you were conversing, correct?

MR. LALLY: And, as you're pulling past the house, she said something to you, correct, or says something out loud?

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 something?

MR. LALLY: Okay. And so based on what she had said, where does your attention go?

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 the lawn or anything else visible to you at that time?

MR. LALLY: So it was a neighboring house; is that fair to say?

MR. LALLY: Okay. So whether it was the next-door neighbor or a couple houses down, it was past that point, 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?

MR. LALLY: Did you receive any further clarification?

MR. LALLY: If I may have a moment, Your Honor?

MR. LALLY: Nothing further for this witness, Your Honor.