Commonwealth v. Read — Trial ArchiveTristin Morris - Direct/Cross/Redirect
510 linesJUDGE CANNONE: Okay. You are all set, Miss Albert. Thank you.
JUDGE CANNONE: Mr. Lally, who is your next witness?
MR. LALLY: Yes. The Commonwealth calls Mr. Tristin Morris to the stand.
COURT OFFICER: Right over there.
COURT CLERK: Do you swear to tell the truth, the whole truth, and nothing but the truth?
MR. MORRIS: I do.
COURT CLERK: Thank you.
JUDGE CANNONE: Okay, whenever you are ready, Mr. Lally.
MR. LALLY: Good morning.
MR. MORRIS: Good morning.
MR. LALLY: Could you please state your name and spell your last name?
MR. MORRIS: Tristin Morris. Morris — M-O-R-R-I-S.
MR. LALLY: And Mr. Morris, where do you live?
MR. MORRIS: Easton.
MR. LALLY: And who, if anyone, do you live there with?
MR. MORRIS: Caitlin Albert.
MR. LALLY: And what is the relationship with Caitlin?
MR. MORRIS: She's my girlfriend.
MR. LALLY: And how long have the two of you been together?
MR. MORRIS: Roughly eight years.
MR. LALLY: Well, let me ask you this — do you work, sir?
MR. MORRIS: Yes, I do.
MR. LALLY: What do you do?
MR. MORRIS: I'm a union pipefitter.
MR. LALLY: And how long have you been doing that?
MR. MORRIS: Six years now.
MR. LALLY: If I could turn your attention to the evening of January 28th, 2022, into the following early morning of the 29th — you recall that day, early morning of the 29th?
MR. MORRIS: Yes, I do.
MR. LALLY: And do you recall what days of the week those were?
MR. MORRIS: Friday and Saturday, I believe.
MR. LALLY: And on that particular Friday, did you have any plans — yourself and your girlfriend Caitlin Albert?
MR. MORRIS: For me it was just an ordinary day. I went out and I met them for a drink.
MR. LALLY: And about what time —
JUDGE CANNONE: So I'm going to ask you to keep your voices up, okay?
MR. LALLY: You indicated you went — "I met them" — who was that?
MR. MORRIS: My girlfriend Caitlin, and that's all I remember.
MR. LALLY: And do you recall where — where was that you went?
MR. MORRIS: Waterfall Bar & Grille.
MR. LALLY: That's somewhere that you and Caitlin had been to before?
MR. MORRIS: Yes, multiple times.
MR. LALLY: And do you have any idea what time that was on the 28th?
MR. MORRIS: I don't recall.
MR. LALLY: And do you recall if anyone else was there, in addition to you and your girlfriend?
MR. MORRIS: No, I do not.
MR. LALLY: You recall whether or not either of her parents were there?
MR. MORRIS: I don't remember.
MR. LALLY: You're familiar with her parents, though — is that fair to say?
MR. MORRIS: Yes, I am.
MR. LALLY: You're familiar with their family, correct?
MR. MORRIS: Yes, I — — am.
MR. LALLY: And if you recall, about how long was it that you were at the Waterfall?
MR. MORRIS: I couldn't estimate, but it wasn't that long.
MR. LALLY: And why wasn't it that long? What was it that caused you to leave that night?
MR. MORRIS: Later that night I had to go plow. I was supposed to wake up pretty early.
MR. LALLY: And as far as plowing, is that something that you do on the side on a fairly regular basis?
MR. MORRIS: Yes, when I can do it I do it — it's extra money.
MR. LALLY: And what, if any, relationship do you have with a company that you do any sort of plowing for?
MR. MORRIS: It's my landlord's company.
MR. LALLY: And when you say plowing, is that residences, businesses, or something else?
MR. MORRIS: All of those — residences, houses, anything. Businesses could be any of them. So could be a commercial parking lot, could be a condo, could be a business park — any of those things, correct.
MR. LALLY: And about what time, if you know, were you supposed to be ready — on call — to go out?
MR. MORRIS: We were waiting for the snow. I just had to be on call for 3:00 to 4:00 in the morning — just have my phone on standby and be ready to go. Just how it always is.
MR. LALLY: And so when you went to the Waterfall in Canton at that time, was it snowing?
MR. MORRIS: I don't believe so.
MR. LALLY: And when you left the Waterfall to go home, you went home to rest — is that fair to say?
MR. MORRIS: Yeah, I needed to sleep, yes.
MR. LALLY: And when you left the Waterfall to go home to Easton to get some rest, was it snowing at that point?
MR. MORRIS: I don't remember.
MR. LALLY: And at some point, prior to you going out and either plowing or shoveling early that morning, who, if anyone, was reaching out to you?
MR. MORRIS: Can you repeat the question, please?
MR. LALLY: After you went home to rest — first of all, were you able to get any sleep?
MR. MORRIS: Barely.
MR. LALLY: And while you were home in Easton, who, if anyone, was reaching out to you?
MR. MORRIS: Yes — my girlfriend.
MR. LALLY: And so your girlfriend Caitlin — was it calling, texting? How was she reaching out, if you recall?
MR. MORRIS: I believe both.
MR. LALLY: And about what point in the evening did you start to get calls or texts from her?
MR. MORRIS: I don't remember.
MR. LALLY: And at some point, based on those calls and texts, what, if anything, did you do?
MR. MORRIS: Can you elaborate?
MR. LALLY: At some point, did you leave Easton and go back to Canton?
MR. MORRIS: Yes, I did.
MR. LALLY: And do you have any recollection of when that was — over the course of the evening or the early morning?
MR. MORRIS: No, I don't remember a time.
MR. LALLY: And as far as the calls and texts that you received from your girlfriend Caitlin, was that something — was that one or two, or were they repetitive?
MR. MORRIS: There were a couple different texts, yeah.
MR. LALLY: And over the course of about how long a period of time — was it all within a couple of minutes, half an hour, hours? If you know?
MR. MORRIS: I don't recall.
MR. LALLY: And after receiving those, you went somewhere in Canton, correct?
MR. MORRIS: Yes.
MR. LALLY: And where did you go?
MR. MORRIS: 34 Fairview Road.
MR. LALLY: And you're familiar with that address?
MR. MORRIS: Yes, I am.
MR. LALLY: And familiar with it because at some point during the time that you and Caitlin were dating, before you moved in together, she lived there, correct?
MR. MORRIS: Correct.
MR. LALLY: And about how long a drive is that from where you live in Easton to 34 Fairview Road?
MR. MORRIS: 21 to 25 minutes, I would say.
MR. LALLY: And do you recall what vehicle you were driving on that occasion?
MR. MORRIS: I do. I was driving a white Jeep Cherokee.
MR. LALLY: And whose white Jeep Cherokee is that?
MR. MORRIS: Caitlin's.
MR. LALLY: And did you have a vehicle at that time?
MR. MORRIS: I did.
MR. LALLY: What kind of vehicle did you have?
MR. MORRIS: I believe it was a Ford Fusion — a fairly older Ford Fusion.
MR. LALLY: 2012?
MR. MORRIS: Yes.
MR. LALLY: And so why was it that you took Caitlin's Jeep Cherokee versus your older Ford Fusion?
MR. MORRIS: It drives way better in the snow.
MR. LALLY: And so when you left your apartment in Easton to drive to 34 Fairview in Canton, was it snowing at that point?
MR. MORRIS: It was.
JUDGE CANNONE: Hold on one second. Miss [unintelligible] — can we — thank you. Go ahead.
MR. LALLY: I'm sorry, sir. So when you were driving from Easton to Canton, it was snowing?
MR. MORRIS: Yes.
MR. LALLY: Do you recall how much snow had come down at that point?
MR. MORRIS: I don't recall.
MR. LALLY: And what, if anything, do you recall about the snow on the ground in relation to how you drove from Easton to Canton?
MR. MORRIS: I was very cautious — I was ten and two the whole time.
MR. LALLY: And when you arrived at 34 Fairview, where did you park?
MR. MORRIS: I don't remember.
MR. LALLY: You recall whether you parked on the street or the driveway?
MR. MORRIS: No, I don't know.
MR. LALLY: And when you arrived, what, if anything, did you communicate to Caitlin?
MR. MORRIS: I just told her I was here.
MR. LALLY: Was that through a text or a call, if you know?
MR. MORRIS: Text.
MR. LALLY: So you would pull up at some point, park somewhere, and text her you're here?
MR. MORRIS: Yes.
MR. LALLY: And at some point she comes out of the house, is that correct?
MR. MORRIS: Correct.
MR. LALLY: Did you ever get out of the car or go up to the house or go inside the house or anything like that?
MR. MORRIS: No, I did not.
MR. LALLY: And how much time was it between the time that you texted her that you were here and the time that she came out?
MR. MORRIS: I don't remember.
MR. LALLY: Was it a long time or anything like that?
MR. MORRIS: No, it wasn't.
MR. LALLY: And when she came out, do you recall where within the front of the house she came out?
MR. MORRIS: No, I don't remember.
MR. LALLY: You're familiar with 34 Fairview, though, correct?
MR. MORRIS: I am.
MR. LALLY: There are a couple of different doors on the front of the house, is that correct?
MR. MORRIS: That's correct.
MR. LALLY: But you don't recall specifically which door she came out of?
MR. MORRIS: No, I did not.
MR. LALLY: And when she came out, she came over to the car, correct?
MR. MORRIS: Correct.
MR. LALLY: She gets in — what part of the car did she get in?
MR. MORRIS: The front passenger seat.
MR. LALLY: And at some point you're leaving 34 Fairview and going back to Easton, correct?
MR. MORRIS: Correct.
MR. LALLY: Was there any sort of delay or any sort of long period of time that you were in the car in front of the house after Caitlin gets in the car?
MR. MORRIS: No.
MR. LALLY: So essentially she gets in and then you pull away, correct?
MR. MORRIS: Correct.
MR. LALLY: And when you pull away from the house, which direction did you go to get back to Easton?
MR. MORRIS: I went up Fairview Road.
MR. LALLY: And so up Fairview Road would be sort of heading towards [unintelligible], is that correct?
MR. MORRIS: Yes.
MR. LALLY: And so as you're going by the house, which side of the vehicle would face the house — the driver's side or the passenger side?
MR. MORRIS: Can you repeat that?
MR. LALLY: As you're going by the property of 34 Fairview Road, which side of the Jeep that you were driving was facing 34 Fairview Road — was it your side or her side?
MR. MORRIS: My side would be facing the street if I'm coming down. My side would be facing the left side.
MR. LALLY: And what I'm asking is, when you're driving away — the passenger side would be facing her house, correct?
MR. MORRIS: Correct.
MR. LALLY: And as you were coming there, would it be the driver's side or your side that was facing the house, if you recall which way you came?
MR. MORRIS: I don't recall. But as I was leaving, Caitlin's side — the passenger side — would be facing the house, correct.
MR. LALLY: Correct. And as far as the snow that's coming down as you're driving away, what, if anything, did you do with regard to the vehicle — did you turn anything on as you were driving?
MR. MORRIS: No, I did not.
PARENTHETICAL: [pause]
MR. LALLY: Now, as far as when Caitlyn gets into your car, how would you describe her demeanor?
MR. LALLY: Did you have a defroster on?
MR. MORRIS: Yes.
MR. LALLY: Did you have windshield wipers on?
MR. MORRIS: Correct.
MR. LALLY: So the snow was coming down at least to the pace that you had the —windshield wipers on, correct?
MR. MORRIS: Yes.
MR. LALLY: And during that drive — specifically on Fairview Road, but at any point during your drive to Fairview and from Fairview — do you recall anything as far as how the roads were? Were they treated? Did you see any plows out, anything like that?
MR. MORRIS: I don't recall.
MR. LALLY: One moment.
MR. MORRIS: Normal, as always. Nothing out of the ordinary that I observed. Absolutely not.
MR. LALLY: Gets in the car — is it fair to say you guys haven't seen each other for a couple of hours, you start talking, correct?
MR. MORRIS: Correct.
MR. LALLY: And so when you're talking, you're driving, she's in the passenger seat, is that correct?
MR. MORRIS: That's correct.
MR. LALLY: And was she facing you while you were talking to her as you drove away?
MR. MORRIS: Yes.
MR. LALLY: Thank you, sir. I have nothing further.
MR. YANNETTI: Thank you, your honor.
MR. YANNETTI: Good morning, sir.
MR. MORRIS: Good morning.
MR. YANNETTI: You've been dating Caitlyn Albert for seven or eight years now, correct?
MR. MORRIS: Correct.
MR. YANNETTI: The two of you now live together, correct?
MR. MORRIS: Correct.
MR. YANNETTI: Are you still living in Easton?
MR. MORRIS: Yes.
MR. YANNETTI: How long have you lived together?
MR. MORRIS: For three years.
MR. YANNETTI: When you first met her, where was she living?
MR. MORRIS: Canton.
MR. YANNETTI: Where in Canton?
MR. MORRIS: 34 Fairview.
MR. YANNETTI: She was living there with her parents at the time, correct?
MR. MORRIS: Correct.
MR. YANNETTI: Brian and Nicole Albert?
MR. MORRIS: Yes.
MR. YANNETTI: You met her parents, Brian and Nicole Albert, several years ago, correct?
MR. MORRIS: Correct.
MR. YANNETTI: You've met all of Caitlyn's siblings as well, correct?
MR. MORRIS: Correct.
MR. YANNETTI: You've spent time at their house?
MR. MORRIS: Yes.
MR. YANNETTI: You've spent holidays with them?
MR. MORRIS: Yes.
MR. YANNETTI: And you've been over there on weekends, correct?
MR. MORRIS: Yes.
MR. YANNETTI: It's fair to say that over the last seven or eight years, you've been with the Albert family quite a bit, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And you've also been with the McCabe family, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And even though you're not married, you consider yourself just about one of the family, correct?
MR. MORRIS: Yes.
MR. YANNETTI: Since John O'Keefe's death, you have continued associating with both the Alberts and the McCabes, correct?
MR. MORRIS: Yes.
PARENTHETICAL: [pause]
MR. YANNETTI: Take a look at that and look up at me when you're done.
MR. YANNETTI: Because you're still dating and living with Caitlyn, correct?
MR. MORRIS: That is correct.
MR. YANNETTI: And in June of 2022, a few months after John O'Keefe's death, you went to Ned Devine's in Boston with many men in the family, correct?
MR. MORRIS: Yes.
MR. YANNETTI: That includes the Alberts, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And that includes the McCabes?
MR. MORRIS: Yes.
MR. YANNETTI: Do you recall who was there that night?
MR. MORRIS: No, I don't.
MR. YANNETTI: I'll show you a photograph from that night.
MR. MORRIS: Yes.
MR. YANNETTI: Does that refresh your memory about who was there that night?
MR. MORRIS: It does.
MR. YANNETTI: By the way, how many people are in that photograph? Do you want me to count?
JUDGE CANNONE: With the Court's permission — okay, go ahead and count. And after you count, let's mark this for identification, please.
MR. MORRIS: 12.
MR. YANNETTI: 12 people, including yourself?
MR. MORRIS: Okay.
MR. YANNETTI: If I could have that marked for identification. 12, including myself, for identification. Thank you. You would agree with me, sir, that at that night at Ned Devine's in Boston, everybody there — except for you — was either an Albert or a McCabe?
MR. MORRIS: Yes, that's correct.
MR. YANNETTI: And the photo that you — or somebody — decided to take was all of you with your fists clenched, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: Did you clench your fists that night?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
PARENTHETICAL: [pause]
MR. YANNETTI: Again — with that —
MR. YANNETTI: Did all of the Alberts and McCabes clench their fists in that photo? That photo was posted to social media, was it not?
MR. MORRIS: Yes, it was.
MR. YANNETTI: And it was posted by somebody named Kevin Reon?
MR. MORRIS: Yes.
MR. YANNETTI: Who's Kevin Reon?
MR. MORRIS: My girlfriend's cousin. He's actually the son of one of Nicole and Julie Albert's sisters.
MR. YANNETTI: Correct?
MR. MORRIS: Yes.
MR. YANNETTI: And you've met him as well, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And do you recall the date that that photograph was posted to social media?
MR. MORRIS: No, I don't.
MR. YANNETTI: I'll show you Exhibit Z for identification.
MR. MORRIS: Yes.
MR. YANNETTI: I'll take that back from you. You've had a chance to look at it?
MR. MORRIS: Yeah.
MR. YANNETTI: Having reviewed Exhibit Z for identification, does that refresh your memory as to the date of the posting of that photograph?
MR. MORRIS: Yes.
MR. YANNETTI: Were you aware at that time that — by what — what date was it?
MR. MORRIS: You just showed me.
MR. YANNETTI: I know, and I'm asking you to tell the jury.
MR. MORRIS: It's June 5th. It was June 5th of 2022.
MR. YANNETTI: Were you aware that June 5th of 2022 was four days before Karen Read was indicted for this case?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Sustained.
MR. YANNETTI: Were you and the Alberts and the McCabes celebrating the indictment of Karen Read?
MR. LALLY: Objection.
MR. MORRIS: No.
MR. YANNETTI: Thank you. You've never testified before any grand jury regarding this case, correct?
MR. MORRIS: I haven't.
MR. YANNETTI: You've never testified previously in any hearing regarding this case, correct?
MR. MORRIS: I haven't.
MR. YANNETTI: You were at 34 Fairview Road in Canton at 1:45 in the morning — or about 1:45 — on January 29th of 2022, correct?
MR. MORRIS: I don't remember the time.
MR. YANNETTI: Was it very different from 1:45 in the morning, or was it somewhat close to that?
MR. MORRIS: I'm not going to make up a time. I don't remember.
MR. YANNETTI: Was it 9:00 p.m. on the 28th?
MR. MORRIS: I don't — I don't remember times.
MR. YANNETTI: So if I asked you if you were there to pick up your girlfriend Caitlyn at 9:00 p.m. on January 28th, you couldn't say if that's true or false?
MR. MORRIS: No, because I'm not making up a time.
MR. YANNETTI: Okay. So it could have been 9:00 p.m. that you were there, not 1:45 in the morning?
MR. MORRIS: I didn't say that.
MR. YANNETTI: Well, you've just said that you can't rule out that it was actually 9:00 p.m. on the 28th, didn't you?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Can you answer that?
MR. MORRIS: Did I say that? I didn't say anything. I don't — I don't remember the time. No. I — I understand. So I'm not going to make up a time.
JUDGE CANNONE: Hold on. Only one person can speak at a time.
MR. MORRIS: I just — I don't — it could have been later, it could have been earlier. I don't know a time.
MR. YANNETTI: Right. But it couldn't have been 9:00 p.m. on January 28th, could it?
MR. MORRIS: I don't know.
MR. YANNETTI: Okay. What time were you at the Waterfall?
MR. MORRIS: I don't remember.
MR. YANNETTI: Were you at the Waterfall?
MR. MORRIS: Yes.
MR. YANNETTI: On what date?
MR. MORRIS: The 28th.
MR. YANNETTI: Was it in the morning?
MR. MORRIS: It was at night.
MR. YANNETTI: It was at night. Okay. What time did you leave the Waterfall?
MR. MORRIS: I don't remember.
MR. YANNETTI: Did you leave at 5:00 p.m.?
MR. MORRIS: I don't remember.
MR. YANNETTI: So it could have been 5:00 p.m. you left? Could have been 5:00 in the morning?
MR. MORRIS: I don't know.
MR. YANNETTI: Okay. Leaving aside what time it was — or, strike that — will you testify that you were at 34 Fairview Road on January 29th after midnight?
MR. MORRIS: I don't remember the time.
MR. YANNETTI: Okay. But you do remember being there, correct? At the Waterfall?
MR. MORRIS: No — at 34 Fairview. I remember picking my girlfriend up.
MR. YANNETTI: Yes, you do. You've testified to that, right?
MR. MORRIS: Yes.
MR. YANNETTI: And when you were there, you had an opportunity to see the front lawn of that property, did you not?
MR. MORRIS: Yes.
MR. YANNETTI: You pulled into the driveway?
MR. MORRIS: I don't remember where I pulled in.
MR. YANNETTI: Okay. Did you pull in anywhere when you got there?
MR. MORRIS: I don't remember where I pulled in.
MR. YANNETTI: So you say you don't remember where you pulled in — that wasn't my question. My question was: did you pull in anywhere when you got to 34 Fairview Road?
MR. MORRIS: Well, I had to pick my girlfriend up, so yes.
MR. YANNETTI: You did. Okay. Was there any place other than the driveway to pull into when you got to 34 Fairview?
MR. MORRIS: No.
MR. YANNETTI: So it had to be the driveway?
MR. MORRIS: Must have been.
MR. YANNETTI: All right. When you pulled into the driveway, you waited a period of time for Caitlyn, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And how long a period of time was that?
MR. MORRIS: I don't remember.
MR. YANNETTI: Was it more than a half hour?
MR. MORRIS: No.
MR. YANNETTI: Was it more than 10 minutes?
MR. MORRIS: I don't remember. It could have been more than 10 minutes. Probably wasn't.
MR. YANNETTI: And when you say it "probably wasn't," that means it probably was less than 10 minutes, correct?
MR. MORRIS: I don't remember the time.
MR. YANNETTI: During that time that you were waiting for Caitlyn to come out of the house — while you were in the driveway — there was nothing obstructing your view of the front lawn, correct?
MR. MORRIS: Nope.
MR. YANNETTI: All right. And shifting gears for a second — this was on the 29th of 2022, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And ultimately you did pick up Caitlyn and take her back to Easton, correct?
MR. MORRIS: Correct.
MR. YANNETTI: On January 29th, at any point that day or night, Trooper Michael Proctor never interviewed you, correct?
MR. MORRIS: Correct.
MR. YANNETTI: Nor did he interview you the next day, or the day after that, correct?
MR. MORRIS: Correct.
MR. YANNETTI: Or the month of February, correct?
MR. MORRIS: Correct.
MR. YANNETTI: Or the entire year of 2022, correct?
MR. MORRIS: Correct.
MR. YANNETTI: Or the entire year of 2023, correct?
MR. MORRIS: Correct.
MR. YANNETTI: The first time any investigator in this case interviewed you was May 7th of 2024, correct?
MR. MORRIS: When was that?
MR. YANNETTI: That was one week ago. That was last Tuesday.
MR. MORRIS: Correct.
MR. YANNETTI: You were aware at the time you were being interviewed that this case had already started?
MR. MORRIS: Yes.
MR. YANNETTI: You were aware that this jury heard opening statements from both counsel on April 29th, which was over a week before May 7th, correct?
MR. MORRIS: Yes.
MR. YANNETTI: So it wasn't until over a week after opening statements that somebody from the state police finally interviewed you, correct?
MR. MORRIS: Nobody from the state police interviewed me.
MR. YANNETTI: All right — who was it that interviewed you?
MR. MORRIS: Nobody interviewed me. I spoke to the DA's about coming in here; that was about it.
MR. YANNETTI: Okay. I thought you had just testified that on May 7th, that was the first time any investigator reached out to you.
MR. MORRIS: Yes.
MR. YANNETTI: All right. And when I use the term "interview" — I don't mean that somebody put a bright spotlight on you and took you into an interrogation room. I'm just asking if somebody asked you questions.
JUDGE CANNONE: I'll let that stand. Thank you. [unintelligible]
MR. YANNETTI: And that interview did not take place in person, correct?
MR. MORRIS: No, it did not.
MR. YANNETTI: That was a phone interview, correct?
MR. MORRIS: Correct.
MR. YANNETTI: And your attorney was on the line for that, correct?
MR. MORRIS: Correct.
MR. YANNETTI: Now, from the beginning of the night on January 28th, your plan was to go home early, correct?
MR. MORRIS: Correct.
MR. YANNETTI: You weren't drinking much, correct?
MR. MORRIS: That is correct.
MR. YANNETTI: You had to get up early?
MR. MORRIS: Yes.
MR. YANNETTI: And it actually was — was really early. It could have been as early as 3:00 a.m., correct?
MR. MORRIS: Correct.
MR. YANNETTI: So from the beginning you knew that you weren't going to get much sleep, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And if you were going to get any sleep, you couldn't stay at the Waterfall all night, correct?
MR. MORRIS: That is correct.
MR. YANNETTI: So you left early.
MR. MORRIS: Yes.
MR. YANNETTI: And your plan was to go home, get whatever rest or sleep you could get, and then wait for the call to go out plowing, correct?
MR. MORRIS: That is correct.
MR. YANNETTI: The plan from the beginning was not for you to leave the Waterfall, go to Easton, and then drive back from Easton to Canton to pick up Caitlin, and then take her back to Easton so that you could wait for the call to plow. That was not the original plan, correct?
MR. MORRIS: No, it wasn't. No.
MR. YANNETTI: Of course it wasn't. So I — I apologize, and I withdraw that comment. But the plan changed, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And that was because you heard from your girlfriend Caitlin, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And I'm going to ask you a question and hope I get an answer. Do you recall what time it was that she contacted you?
MR. MORRIS: No, I don't recall.
MR. YANNETTI: Did anybody instruct you not to talk about any times that anything happened?
MR. MORRIS: Absolutely not.
MR. YANNETTI: How did Caitlin contact you that night — via text, via phone?
MR. MORRIS: Via text / via phone.
MR. YANNETTI: And you were in Easton when she did that, correct?
MR. MORRIS: Yes.
MR. YANNETTI: She was at 34 Fairview?
MR. MORRIS: Yes.
MR. YANNETTI: And by the way, the snowstorm was no surprise to you that night, right?
MR. MORRIS: No.
MR. YANNETTI: I mean, that's why you were waiting to plow, correct?
MR. MORRIS: Yes.
MR. YANNETTI: That snowstorm had been forecast?
MR. MORRIS: Yes.
MR. YANNETTI: And it had started snowing by midnight, correct?
MR. MORRIS: I don't remember when it started snowing.
MR. YANNETTI: But for some reason Caitlin now needed to get picked up before you went plowing, correct?
MR. MORRIS: Yes.
MR. YANNETTI: That meant, despite the fact that you had to get up potentially at 3:00 a.m., you now had to make the trip back and forth between Canton and Easton a second time, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And you considered it to be important enough that you agreed to pick up Caitlin, despite the changing plans, correct?
MR. MORRIS: Correct.
MR. YANNETTI: All right. Now, when you pulled into that driveway, you at least temporarily parked in the driveway waiting for her, correct?
MR. MORRIS: Yes.
MR. YANNETTI: What other cars were in the driveway at that time?
MR. MORRIS: I don't remember.
MR. YANNETTI: What side of the driveway did you park on?
MR. MORRIS: I don't remember.
MR. YANNETTI: After you parked, you texted Caitlin to tell her that you were there, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And you previously testified that you don't remember how long it took for her to come out of the house, correct?
MR. MORRIS: I don't remember.
MR. YANNETTI: And I started to ask you, and I'll just finish that line of questioning — at that point, the front lawn of the house was to your left, correct?
MR. MORRIS: It would have been, yes.
MR. YANNETTI: Right. And there were no obstructions between you and the front lawn blocking your view, correct?
MR. MORRIS: I wouldn't be staring at their grass, so no.
MR. YANNETTI: Okay. I didn't ask you where you were staring. I was just asking if there were any obstructions.
MR. MORRIS: Okay, yeah.
MR. YANNETTI: And the answer to that question is no. Was snow starting to accumulate at that time?
MR. MORRIS: I don't remember.
MR. YANNETTI: Do you recall if there was any snow on the ground?
MR. MORRIS: Yes, because I was driving cautiously.
MR. YANNETTI: And against that white snow, did you see a black baseball cap?
MR. MORRIS: Absolutely not.
MR. YANNETTI: And as you sat in that driveway, you also did not see a black sneaker?
MR. MORRIS: Absolutely not.
MR. YANNETTI: And you also did not see 45 pieces of red plastic?
MR. MORRIS: No.
MR. YANNETTI: Or even one piece?
MR. MORRIS: No.
MR. YANNETTI: And you certainly did not see a 6'2" man on the lawn of your girlfriend's parents' home, correct?
MR. MORRIS: No, I did not.
MR. YANNETTI: You saw nothing unusual in that front area of the lawn, correct?
MR. MORRIS: No, I did not.
MR. YANNETTI: Caitlin got into the Jeep, correct?
MR. MORRIS: Yes.
MR. YANNETTI: The plan was for you to drive the Jeep back to Easton with her, correct?
MR. MORRIS: Yes.
MR. YANNETTI: You backed out of the driveway, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And you turned the rear end of that car toward Cedarcrest, correct?
MR. MORRIS: Not toward Cedarcrest — I was going up the hill.
MR. YANNETTI: So, if I suggested to you that going up the hill would take you toward Chapman, does that make sense?
MR. MORRIS: Yeah, okay.
MR. YANNETTI: And the other end of the street was Cedarcrest — that was that way?
MR. MORRIS: Yes, okay.
MR. YANNETTI: So the rear end of your car was toward Cedarcrest and you were facing up the hill toward Chapman, right?
MR. MORRIS: Yes.
MR. YANNETTI: All right. That would have meant that you were driving your vehicle past really the entire length of Brian Albert's front lawn, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And the front lawn would have been on Caitlin's side of the car, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And you drove past the flagpole that you're familiar with, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And as you drove past that entire front lawn, you never saw any of the things I previously asked you about — the baseball hat, the sneakers, the pieces of red plastic, or a 6'2" man, correct?
MR. MORRIS: I did not.
MR. YANNETTI: You saw nothing out of the ordinary, correct?
MR. MORRIS: Correct.
MR. YANNETTI: And you saw no tire tracks in the snow leading to the Alberts' front lawn, did you?
MR. MORRIS: I did not.
MR. YANNETTI: You didn't see anything that would lead you to conclude that there had been a car crash there, correct?
JUDGE CANNONE: Sustained.
MR. YANNETTI: No further questions. Thank you.
JUDGE CANNONE: Anything, Mr. Lally?
MR. LALLY: Just briefly. That photograph that you were shown — do you know what that was, what that gathering was in regard to?
MR. MORRIS: No, I don't.
MR. LALLY: Now, prior to you leaving the Waterfall, or during the course of any of the texts or phone calls that you received from Caitlin, was there any sort of reason that was discussed as far as picking her up and bringing her to Easton before you went off to — can you repeat that? From your discussions with Caitlin, what was the reason that you went back to 34 Fairview to pick her up and bring her home?
MR. YANNETTI: Objection.
JUDGE CANNONE: I'll allow it.
MR. LALLY: Why — why'd you do that?
MR. MORRIS: Well, she's high maintenance. I didn't really want to have to deal with it. She wanted to come home.
MR. LALLY: Is that correct?
MR. MORRIS: Yes.
MR. LALLY: And did she say why she wanted to come home?
MR. MORRIS: Didn't want to get snowed in. [unintelligible]
MR. LALLY: Now, you've testified before that as you were driving around that night you were cautious and your hands were at ten and two. Is that right?
MR. MORRIS: Absolutely.
MR. LALLY: So as you're driving past your girlfriend's parents' house, was there any reason — excuse me — was there any reason for you to direct your attention to the front lawn area of their home?
MR. MORRIS: Absolutely not.
MR. LALLY: Nothing further.