Commonwealth v. Read — Trial ArchiveTristin Morris — Direct/Cross/Redirect
572 linesWhereupon, TRISTIN MORRIS having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: Okay. Whenever you are ready, Mr. Lally, please.
MR. LALLY: Thank you.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good morning, sir.
MR. MORRIS: Good morning.
MR. LALLY: Could you please state your name and spell your last name for the jury?
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 with?
MR. MORRIS: Caitlin Albert.
MR. LALLY: And what is the nature of your relationship with Caitlin Albert?
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: And, with respect -- well, let me ask you this: Do you work, sir?
MR. MORRIS: Yes, I do.
MR. LALLY: And what do you do for work?
MR. MORRIS: I'm a union pipefitter.
MR. LALLY: How long have you been doing that?
MR. MORRIS: Six years.
MR. LALLY: Now, if I could turn your attention to the evening of January 28th, 2022, into the following early morning of the 29th. Do you recall that day?
MR. MORRIS: Early morning of the 29th?
MR. LALLY: Yes.
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, what, if any, plans did you have, 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 did you --
JUDGE CANNONE: Sir, I'm going to ask you to keep your voice up.
MR. MORRIS: Okay.
BY MR. LALLY:
MR. LALLY: So you indicated you went and met them. Who is "them"?
MR. MORRIS: My girlfriend, Caitlin. And that's all I remember.
MR. LALLY: Do you recall where it was that you went?
MR. MORRIS: Waterfall Bar & Grille.
MR. LALLY: Is that 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: Do you recall, who, if anyone else, was there in addition to yourself and your girlfriend, Caitlin?
MR. MORRIS: No, I do not.
MR. LALLY: Do 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: And you're familiar with her family, correct?
MR. MORRIS: Yes, I am.
MR. LALLY: And, if you recall, about how long was it that you were at the Waterfall that evening?
MR. MORRIS: I couldn't estimate, but it wasn't that long.
MR. LALLY: And it wasn't that long why? 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 sort 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 how is it that -- what, if any, relationship do you have with the company that you're doing sort of the plowing and shoveling for?
MR. MORRIS: It's my landlord's company.
MR. LALLY: And, when you say "plowing," is that sort of residences, businesses or something else?
MR. MORRIS: All of those. Residences, houses, anything. Businesses. It could be any of them.
MR. LALLY: So it could be a commercial parking lot? It could be a condo. It could be a business park, any of those things?
MR. MORRIS: Correct.
MR. LALLY: And about what time was it, if you know, that you were supposed to sort of be ready or on call to go out and do that?
MR. MORRIS: So we were waiting for the snow. I just had to be on call for three to four 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 left or 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, why did -- 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 or to get some sleep, 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 contacted?
MR. MORRIS: Can you repeat the question, please?
MR. LALLY: Sure. After you went home to rest or get some sleep -- well, 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 calling, texting? How was 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: Sure. 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, in relation to when you got -- let me ask you this: As far as the calls and the texts that you received from your girlfriend, Caitlin, was that something -- was that one or two or were they repetitive?
MR. MORRIS: There was a couple different texts. Yeah.
MR. LALLY: And, over the courses of about how long a period of time? Was it all within a couple minutes or a half hour, hours?
MR. MORRIS: I don't recall.
MR. LALLY: And, after receiving those, you went to somewhere in Canton, correct?
MR. MORRIS: Yes.
MR. LALLY: And where did you go?
MR. MORRIS: 34 Fairview Road.
MR. LALLY: And are you 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, you -- 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: Twenty-one 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: And what kind of vehicle did you have?
MR. MORRIS: I believe it was a Ford Fusion.
MR. LALLY: A fairly older Ford Fusion?
MR. MORRIS: 2012. Yes.
MR. LALLY: And so why was it that you took your girlfriend'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.
MR. LALLY: And do you recall --
JUDGE CANNONE: Hold on one second. Mr. Yannetti, can you -- thank you. Go ahead.
BY MR. LALLY:
MR. LALLY: So when you were driving from Easton to Canton and it was snowing, 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 sort of the snow that was on the ground in relation to how you drove from Easton to Canton?
MR. MORRIS: I was very cautious. I was attending to the whole time.
MR. LALLY: And, when you arrived at 34 Fairview, where did you park?
MR. MORRIS: I don't remember.
MR. LALLY: Do you recall whether you parked on the street or the driveway or somewhere else?
MR. MORRIS: 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, it would be.
MR. LALLY: So you pull up at some point, park somewhere, text her you're here, correct?
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 to 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 comes out, do you recall sort of 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: And there's a couple 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 do not.
MR. LALLY: And, when she came out, she came over to the car, correct?
MR. MORRIS: Correct.
MR. LALLY: And she gets in. What part of the car does she get in?
MR. MORRIS: The passenger.
MR. LALLY: Front seat passenger?
MR. MORRIS: Front seat passenger.
MR. LALLY: And, at some point, you're leaving from 34 Fairview and you're 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 you pull away?
MR. MORRIS: Correct.
MR. LALLY: And, when you pull away from the house, where -- do you recall which direction you went into to go back to Easton?
MR. MORRIS: I went up Fairview Road.
MR. LALLY: And so up Fairview Road would be sort of heading towards Chapman Street; is that correct?
MR. MORRIS: Yes.
MR. LALLY: And so as you're going by the house, which side of the vehicle would have been facing the house? Either the driver's side of the vehicle or the passenger side?
MR. MORRIS: Can you repeat that?
MR. LALLY: Sure. 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.
MR. MORRIS: Away? Yes. The passenger side would be facing her house.
MR. LALLY: And, as you are coming there, would it be the driver's side or your side that was facing the house if you recall which way you came in?
MR. MORRIS: I don't recall.
MR. LALLY: But, as you were leaving the house, Caitlin's side or the passenger side would be facing the house, correct?
MR. MORRIS: Correct.
MR. LALLY: And, as far as the snow that's coming down as you're driving away, what, if anything, did you have to do with regard -- or what, if anything, did you do with regard to the vehicle? Did you turn anything on or anything as you were driving?
MR. MORRIS: No, I did not.
MR. LALLY: So 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 at a 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 plows out or anything like that?
MR. MORRIS: I don't recall.
MR. LALLY: If I may have one moment, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Now, as far as when Caitlin gets into your car, how would you describe her demeanor?
MR. MORRIS: Normal, as always.
MR. LALLY: So nothing out of the ordinary that you observed?
MR. MORRIS: Absolutely not.
MR. LALLY: When she gets in the car, is it fair to say you guys haven't seen each other for a couple of hours and you start talking?
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 were pulling away?
MR. MORRIS: Yes.
MR. LALLY: Thank you sir. I have nothing further, Your Honor. Thank you.
JUDGE CANNONE: Okay.
MR. YANNETTI: Thank you, Your Honor.
CROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: Good morning, sir.
MR. MORRIS: Good morning.
MR. YANNETTI: You've been dating Caitlin Albert for seven to eight years now?
MR. MORRIS: Correct.
MR. YANNETTI: The two of you now live together?
MR. MORRIS: Correct.
MR. YANNETTI: Are you still living in Easton?
MR. MORRIS: Yes.
MR. YANNETTI: How long have you lived together for?
MR. MORRIS: 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?
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 Caitlin's siblings, as well?
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.
MR. YANNETTI: Because you're still dating and living with Caitlin, 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, 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: If I show you a photograph from that night, would that refresh your memory?
MR. MORRIS: Yes.
MR. YANNETTI: May I approach, Your Honor?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: I place a photograph before you. If you would take a look at that and look up at me when you're done.
MR. MORRIS: Yes.
MR. YANNETTI: Does that refresh your memory about who was there that night?
MR. MORRIS: It does.
MR. YANNETTI: Are you -- by the way, how many people are in that photograph?
MR. MORRIS: Do you want me to count?
MR. YANNETTI: With the Court's permission.
JUDGE CANNONE: Okay. Go ahead and count. And, after you could, let's mark this for identification.
MR. YANNETTI: Yes, Your Honor.
MR. MORRIS: Twelve people, including myself.
MR. YANNETTI: If I could have that marked for I.D.?
COURT REPORTER: That will be "Z" for Identification, Your Honor.
JUDGE CANNONE: Thank you.
(Whereupon, photograph from Ned Devine's was entered and marked Exhibit "Z" for Identification.)
BY MR. YANNETTI:
MR. YANNETTI: 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.
BY MR. YANNETTI:
MR. YANNETTI: Did you clench your fists that night?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: Did all of the Alberts and the McCabes clench their fists that night?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: That photo was posted to social media; was it not?
MR. MORRIS: Yes, it was.
MR. YANNETTI: And it was posted by somebody named by Kevin Reardon?
MR. MORRIS: Yes.
MR. YANNETTI: Who is Kevin Reardon?
MR. MORRIS: My girlfriend's cousin.
MR. YANNETTI: He's actually the son of one of Nicole and Julie Albert's sisters, 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: If I showed you "Z" for Identification again, would that refresh your memory?
MR. MORRIS: Yes.
MR. YANNETTI: I'll take it back from you. You've had a chance to look at it?
MR. MORRIS: Yes.
MR. YANNETTI: Having reviewed "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 the way, 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: June 5th it was dated.
MR. YANNETTI: Of 2022?
MR. MORRIS: Yes.
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: Objection sustained.
BY MR. YANNETTI:
MR. YANNETTI: Were you and the Alberts and the McCabes celebrating the indictment of Karen Read?
MR. LALLY: Objection.
JUDGE CANNONE: Were you?
MR. MORRIS: No.
BY MR. YANNETTI:
MR. YANNETTI: 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 wildly different than 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 remember times.
MR. YANNETTI: So if I asked you if you were there to pick up your girlfriend, Caitlin, 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 the 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? Did you say that?
MR. MORRIS: I didn't say anything. I don't remember a time.
BY MR. YANNETTI:
MR. YANNETTI: No. I understand. You don't want to --
MR. MORRIS: Sir, I'm not --
COURT REPORTER: One at a time.
JUDGE CANNONE: Hold on. Only one person can speak at a time.
MR. YANNETTI: Yes.
BY MR. YANNETTI:
MR. YANNETTI: Go ahead.
MR. MORRIS: I just -- I don't -- it could have been later. It could have been earlier. I don't know the time.
MR. YANNETTI: Right. But it couldn't have been 9:00 p.m. on January 28th, could it have been?
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, I was.
MR. YANNETTI: On what date?
MR. MORRIS: The 28th.
MR. YANNETTI: Was it in the morning?
MR. MORRIS: It was nighttime.
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. that you left?
MR. MORRIS: It could have been five in the morning. I don't know.
MR. YANNETTI: Okay. Leaving aside what time it was -- strike that. Will you testify that you were at 34 Fairview Road on January 29th after midnight?
MR. MORRIS: I don't remember a time.
MR. YANNETTI: Okay. But you do remember being there, correct?
MR. MORRIS: At the Waterfall?
MR. YANNETTI: No. At 34 Fairview.
MR. MORRIS: I remember picking my girlfriend up. Yes.
MR. YANNETTI: You do, because you've testified to that, right, today?
MR. MORRIS: Yes.
MR. YANNETTI: And, when you were there, you had an opportunity to see the front lawn to that property, did you not?
MR. MORRIS: Yes.
MR. YANNETTI: You pulled into the driveway?
MR. MORRIS: I don't remember where I pulled into.
MR. YANNETTI: Did you pull into anyplace when you got there?
MR. MORRIS: I don't remember where I pulled into.
MR. YANNETTI: Well, you say you don't remember where you pulled into. That wasn't my question. My question was did you pull in anyplace when you got to 34 Fairview?
MR. MORRIS: Well, I had to pick my girlfriend up. So yes, I did.
MR. YANNETTI: You did. Okay. Was there anyplace 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, right?
MR. MORRIS: It must have been.
MR. YANNETTI: All right. When you pulled into the driveway, you waited a period of time for Caitlin, 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.
MR. YANNETTI: It could have been more than 10 minutes?
MR. MORRIS: It probably wasn't.
MR. YANNETTI: 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 Caitlin 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: No.
MR. YANNETTI: All right. Shifting gears for a second, this was on January 29th of 2022, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And, ultimately, you did pick up Caitlin 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 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 of this case interviewed you was May 7th of 2024, correct?
MR. MORRIS: When was that? I don't --
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 for the first time by any investigator, 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 D.A.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 an 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 did somebody ask you questions?
MR. MORRIS: Yes.
MR. LALLY: Objection.
JUDGE CANNONE: I'll let it stand.
MR. YANNETTI: Thank you, Your Honor.
BY MR. YANNETTI:
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, correct?
MR. MORRIS: Yes.
MR. YANNETTI: And it actually 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 you planned to go home, get whatever rest or sleep you could get and then wait for the call to go out plowing?
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 for plowing? That was not the original plan, correct?
MR. MORRIS: No, it wasn't.
MR. YANNETTI: No. Of course it wasn't.
MR. YANNETTI: I apologize, Your Honor. I withdraw that comment.
MR. YANNETTI: 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 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?
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 at potentially 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 change in 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've previously testified 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 that 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 her grass. So no.
MR. YANNETTI: I didn't ask you where you were standing. I was just asking if there were any obstructions.
MR. MORRIS: Okay. Yeah.
MR. YANNETTI: And the answer to that question is?
MR. MORRIS: No.
MR. YANNETTI: 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: Okay. 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 six-foot-two 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?
MR. MORRIS: Correct.
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: Okay. If I suggested to you that going up the hill would take you towards Chapman, does that make sense?
MR. MORRIS: Yeah.
MR. YANNETTI: And the other end of the street was Cedarcrest, right?
MR. MORRIS: Towards that way, yes.
MR. YANNETTI: So the rear end of your car was toward Cedarcrest, and you were facing up the hill toward Chapman, correct?
MR. MORRIS: Yes.
MR. YANNETTI: 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 six-foot-two 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 Albert's 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?
MR. MORRIS: Absolutely not.
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: I have no further questions. Thank you, Your Honor.
JUDGE CANNONE: Anything, Mr. Lally?
MR. LALLY: Just briefly, Your Honor.
REDIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Mr. Morris, that photograph that you were shown, do you know 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 plow?
MR. MORRIS: Can you repeat that?
MR. LALLY: Sure. 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. Why did you do that?
MR. MORRIS: She's high maintenance. I didn't really want to have to have to --
BY MR. LALLY:
MR. LALLY: She wanted to come home, is that correct?
MR. MORRIS: Yes.
MR. LALLY: And did she say why she wanted to come home?
MR. YANNETTI: Objection.
MR. MORRIS: She didn't want to get snowed in.
JUDGE CANNONE: I'll allow it.
BY MR. LALLY:
MR. LALLY: No, you 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 for you to direct your attention to the front lawn area of their home?
MR. MORRIS: Absolutely not.
MR. LALLY: Nothing further, Your Honor.
MR. YANNETTI: I have nothing further.
JUDGE CANNONE: Okay. You are all set, Mr. Morris. Thank you.
MR. MORRIS: Thank you very much. I appreciate it.
JUDGE CANNONE: Your next witness, Mr. Lally?
MR. LALLY: Yes, Your Honor. The Commonwealth calls Sara Levinson to the stand.