Allison McCabe - Cross/Redirect

MR. YANNETTI: Good afternoon.

MR. YANNETTI: Miss McCabe, you have known Colin Albert your whole life, correct?

MR. YANNETTI: Your mother is Jennifer McCabe, correct?

MR. YANNETTI: His mother is Julie Albert, correct?

MR. YANNETTI: And her maiden name was Julie Daniels, correct?

MR. YANNETTI: Your mother Jennifer grew up together with his mother Julie, correct?

MR. YANNETTI: You and Colin are extremely close, correct?

MR. YANNETTI: In fact, you would consider Colin Albert to be one of your best friends in the world, correct?

MR. YANNETTI: Now, you claim that you took a screenshot of a text conversation that you had with Colin Albert on January 29th of 2022, correct?

MR. YANNETTI: Those were the screenshots that were just shown to this jury this afternoon, correct?

MR. YANNETTI: And you claim that the information on that screenshot actually existed on January 29th, correct?

MR. YANNETTI: Did you tell your mother Jennifer McCabe that you had that text conversation with Colin Albert anytime after January 29th of 2022?

MR. YANNETTI: Did you give to your mother Jennifer McCabe a screenshot of that text message conversation?

MR. YANNETTI: It's fair to say that on January 29th, 30th, 31st, you did not turn over that screenshot to any law enforcement official, correct -- of 2022?

MR. YANNETTI: No investigator from this case ever asked you for copies, or a copy, of that screenshot of that text message conversation on January 29th, 30th, or 31st, correct?

MR. YANNETTI: They also did not ask you for a copy of that screenshot through the whole month of February, correct?

MR. YANNETTI: In fact, all of 2022, no investigator ever approached you to say, "Can I have a copy of that screenshot," correct?

MR. YANNETTI: And in addition to that, you never called an investigator to say, "Hey, I have a copy of the screenshot of a text message conversation that I had with Colin Albert," correct?

MR. YANNETTI: Okay. Why?

MR. YANNETTI: So your testimony today is that at no time in the year 2022 did you consider it relevant at all that you had this screenshot of this text conversation, correct?

MR. YANNETTI: Leaving that screenshot aside -- oh, actually, before I leave that topic, you didn't turn over that screenshot of a text message until sometime during the summer of 2023, correct?

MR. YANNETTI: About a year and a half or more after January 29th of 2022, correct?

MR. YANNETTI: And by that time, the summer of 2023, you had already switched phones, correct?

MR. YANNETTI: In other words, the iPhone that you had on January 29th of 2022, you no longer had possession of that physical phone, correct?

MR. YANNETTI: You had a new iPhone, correct?

MR. YANNETTI: And you say that you transferred over the data from the old phone to the new phone, correct?

MR. YANNETTI: When did you take that screenshot that was displayed to the jury today?

MR. YANNETTI: Was it before or after you got rid of your old phone?

MR. YANNETTI: So we don't know if that screenshot was from your phone that you got in December of 2022, or if it was from the phone that you had back in January of 2022, correct?

MR. YANNETTI: That phone that you got in December of 2022 -- it's now May of 2024 -- do you still have that same phone?

MR. YANNETTI: My question was -- and again, I'm not trying to trick you in any way here -- the phone that you got in December of 2022, the new phone at that time, is that your current phone?

MR. YANNETTI: Now, before you got rid of the old phone and got the new one, did any law enforcement official -- you know, prior to that December of 2022 time period -- or investigator from this case, ever ask to examine your physical phone itself?

MR. YANNETTI: Did they ever say to you, "We would like to do what's called an extraction on your phone"?

MR. YANNETTI: And you never gave that phone at any point to any law enforcement official before you got rid of it, correct?

MR. YANNETTI: And the first time that you mentioned that text conversation outside your family was August 3rd of 2023, correct?

MR. YANNETTI: That was at a proceeding in Boston, correct?

MR. YANNETTI: Where neither Mr. -- [unintelligible]

MR. YANNETTI: Yes. That proceeding in August of 2023 was less than a year ago, correct? We're in May of 2024, correct?

MR. YANNETTI: And that was a long time after John O'Keefe was found dead on Brian Albert's lawn, correct?

MR. YANNETTI: And that August of 2023, when you're revealing that text exchange, that was over a year and a half after January 29th of 2022, correct?

MR. YANNETTI: And leaving aside the screenshot, as of August 3rd of 2023, no investigator from this case -- no State Police Trooper or anybody from the DA's office -- had ever interviewed you, right?

MR. YANNETTI: That was on August 25th of 2023, which is about three weeks after your testimony in the other proceeding. Does that refresh your memory?

MR. YANNETTI: And at that point in time, on August 25th of 2023, you'll agree with me that you were not interviewed at a police station or a state police barracks, correct?

MR. YANNETTI: Or the DA's office, correct?

MR. YANNETTI: You were interviewed by Zoom, correct?

MR. YANNETTI: And you were not alone at that time in your home, correct?

MR. YANNETTI: Your mother Jennifer McCabe was present, correct?

MR. YANNETTI: And she was monitoring what was going on in that interview, correct?

MR. YANNETTI: In any case, that too was over a year and a half after January 29th, correct?

MR. YANNETTI: All right. Now I'd like to ask you some questions about -- by the way, you've had an iPhone since you were 12 or 13 years old, correct?

MR. YANNETTI: And you're now how old?

MR. YANNETTI: So seven or eight years would be a good estimate as to how long you've worked with iPhones, correct?

MR. YANNETTI: And obviously you know how an iPhone works, correct?

MR. YANNETTI: You know how to reply and comment on text messages, correct?

MR. YANNETTI: And you know that there are a lot of tools open to you to comment on text messages, correct?

MR. YANNETTI: Can reply to a text using an icon or an emoji, right? To like or dislike something that somebody else said, correct?

MR. YANNETTI: You can laugh at it, you can love it, you can like it, correct?

MR. YANNETTI: Right?

MR. YANNETTI: And they make it pretty easy, right? All you need to do is put your finger or your thumb on a specific message and hold it down, and options appear, correct?

MR. YANNETTI: That's where you get the thumbs up, the thumbs down, the haha, exclamation points, question mark, et cetera, correct?

MR. YANNETTI: And you also have other options -- which is down the bottom there's a kind of a curved arrow where, if you click on that, you can forward the message or reply to a specific message, correct?

MR. YANNETTI: And on the left there's a trash can, right?

MR. YANNETTI: And what happens when you click on the trash can?

MR. YANNETTI: And it's your testimony that with regard to the screenshot that we saw, there are no deleted messages in that conversation, correct?

MR. YANNETTI: However, you would agree, as you've already testified, that if a message had been deleted from a screenshot, we'd never know, right?

MR. YANNETTI: You're also familiar with the apps that are on iPhones, correct?

MR. YANNETTI: You have a number of apps on your iPhone, right?

MR. YANNETTI: There might be 12 or 15 -- I haven't counted -- but 12 or 15 maybe on your home screen, right?

MR. YANNETTI: And if you swipe to the left you get another new population of 12 or 15, correct? Not bad for an old guy. And you use apps like Instagram, correct?

MR. YANNETTI: Snapchat is a popular app, correct?

MR. YANNETTI: And probably to your detriment, but Life360, correct?

MR. YANNETTI: All right. That's been an app in the McCabe family for a number of years, right?

MR. YANNETTI: And in your family anyway, and probably a lot of families, it's mainly used for the parents to keep track of their kids, right?

MR. YANNETTI: And in order for Life360 to work, you have to have your location services on and somebody else has to have the app and be in the family, correct? Connected to you, correct?

MR. YANNETTI: And with regard to -- just going back to the messages for a minute -- do you know the difference between an iMessage and a text message?

MR. YANNETTI: Okay. The screenshots that we saw of your text conversation that you say you had with Colin Albert -- you were in blue, right?

MR. YANNETTI: That means that Colin Albert also had an iPhone at the time, correct?

MR. YANNETTI: Now with regard to the time stamp on those messages, the conversation about "I'm here" -- I believe it said the time was 12:10 a.m., correct?

MR. YANNETTI: Are you aware how easy it is to change that time?

MR. YANNETTI: Are you aware that all you need to do is go from settings to General, and then there's a date and time that you can alter? Are you aware of that?

MR. YANNETTI: You know that when you set up your iPhone you have to choose a time zone, correct?

MR. YANNETTI: And you always choose the New York time zone because that's where Boston is, right?

MR. YANNETTI: Are you aware that if you go into settings, General, and then date and time, you can change the time zone to wherever you're going?

MR. YANNETTI: And in addition to changing the time zone, you literally can choose any time that you want. You Could make 1:45 a.m. 12:10 a.m. in about 3 seconds — you know that? Do you know that?

MR. YANNETTI: But — I'm not accusing you of this — but if you had changed the time on that from a screenshot, we'd have no way of knowing, correct?

MR. YANNETTI: Because what a screenshot ultimately becomes is like a photo, correct?

MR. YANNETTI: It's not like you can edit it. I mean, the most that you can do is what we saw on the other photo that was displayed, which is kind of crossing out with a magic marker somebody's face or a time, right? That would be how you'd have to alter it, right?

MR. YANNETTI: Now, I had asked you if, prior to getting rid of your old phone and getting the new one, if law enforcement ever asked you to go through the phone themselves — and you had said no, right?

MR. YANNETTI: And they never asked to do an extraction on the old phone, correct?

MR. YANNETTI: What about the new phone that you now have, that you got in December — have the state police ever asked to do, you know, have they ever asked to look through that phone?

MR. YANNETTI: You provided the screenshot that was shown to the jury today on August 25th, when you talked to the state police in this case — of 2023 — correct?

MR. YANNETTI: — left — by the way, you're very familiar with 34 Fairview, right?

MR. YANNETTI: And when you provided them that screenshot, did they say, "Hey, by the way, can I look at your phone to see if it's on there?"

MR. YANNETTI: Did they say that to you?

MR. YANNETTI: But in any case, you never physically showed them your phone, right?

MR. YANNETTI: You don't recall clicking on that text message app — the green app with the kind of white speech bubble — you didn't click on that, then click on the Colin Albert conversation and say, "Here it is," did you?

MR. YANNETTI: And in addition to not asking you to see your new phone, they also did not ask you to do an extraction of your new phone, correct?

MR. YANNETTI: And at some point in time you realized that you'd have to be a witness in this case, and have to — the unfortunate incident of having to talk to me, right?

MR. YANNETTI: And just to wrap this up — to this day, no extraction has been done on your phone, correct?

MR. YANNETTI: Now, when you had that Zoom interview on August 25th, you told the trooper that you drove Colin straight to his house after you picked him up on January 29th, and then you went straight home, correct?

MR. YANNETTI: And you have previously testified — back in August of 2023 — that you believe you dropped Colin Albert off at his home at around 12:15, 12:20 or so, correct? And when you —

MR. YANNETTI: That's family, correct?

MR. YANNETTI: Been over there many, many, many times, correct?

MR. YANNETTI: And you're familiar with the neighbors, in terms of the streets that are around there, right?

MR. YANNETTI: And you've lived in Canton your whole life — when you were a baby you were in Stoughton?

MR. YANNETTI: You're a Canton girl, right?

MR. YANNETTI: And can you tell the jury the route that you took home from 34 Fairview — or, actually, strike that — the route that you took to Colin Albert's house when you left 34 Fairview on January 29th?

MR. YANNETTI: If I suggested to you that the street closest to 34 Fairview was Cedarcrest, and the one on the other side is Chapman — does that refresh your memory?

MR. YANNETTI: So, Chapman? Okay. Going up — and gone to Chapman and taken a right or a left?

MR. YANNETTI: Are you familiar with Washington Street in Canton?

MR. YANNETTI: Would you have wound up on Washington Street?

MR. YANNETTI: All right. And you're aware that the Canton library is on the corner of Washington and Sherman Street — does that make sense?

MR. YANNETTI: So you would have passed by the library?

MR. YANNETTI: Now, with regard to whether you went straight home — did you, by the way, when you went home, did you stay there?

MR. YANNETTI: Were you there for the rest of the night?

MR. YANNETTI: Okay. And what time do you say that you arrived at home?

MR. YANNETTI: Okay. With regard to Life 360 — would you agree with me that if you go on that app and you're trying to figure out where somebody in your family is, there's like a — and let's say you want to know if someone's home — there's like a circle that surrounds your home, correct?

MR. YANNETTI: So once you enter that circle, Life 360 gives an alert that says you arrived at home, even though you're physically not walking in the door — you're within that circle — and that's the home circle, right?

MR. YANNETTI: On January 29th of 2022, at 12:04 and 53 seconds, you arrived within that home circle, correct?

MR. YANNETTI: And then at 12:06 and 55 seconds on January 29th, you left that home circle, correct?

MR. YANNETTI: And then on January 29th of 2022, at 12:23 and 14 seconds, you completed a 7-mile drive where your top speed was 42 mph — does that make sense?

MR. YANNETTI: And then you left home on January 29th of 2022 at 12:23 and 14 seconds as well. And what that probably means — reading between the lines — is that you entered that home circle but then you didn't go home; you went through the home circle and completed a seven-mile drive somewhere, right?

MR. YANNETTI: Okay. I'm sorry, I didn't hear your answer.

MR. YANNETTI: All right. But at 12:26 a.m. on January 29th, you left home again, right?

MR. YANNETTI: Did you — did you leave home?

MR. YANNETTI: Okay. All right. And at 12:26 a.m. and 12 seconds, you arrived at Canton High School, correct?

MR. YANNETTI: On January 29th of 2022, at 12:26 and 55 seconds, you completed a one-mile drive where your top speed was 43 miles an hour, right?

MR. YANNETTI: And then at 12:26 and 55 seconds on January 29th, you left Canton High School and arrived at home on January 29th of 2022 at 12:29 and 28 seconds, correct?

MR. YANNETTI: And then, after arriving home again on January 29th of 2022 at 12:29 and 29 seconds, you completed a 12-mile drive on January 29th of 2022 at 12:31 and 22 seconds — did you not?

MR. YANNETTI: And then you left home on January 29th of 2022 at 1:08 and 15 seconds, right?

MR. YANNETTI: And ultimately you went through the home bubble and the Canton High School bubble, and you arrived at Canton High School on January 29th of 2022 at 1:28 in the morning and 8 seconds.

MR. YANNETTI: Sure. May I approach?

MR. YANNETTI: Probably we don't need these, right? No, I'm good. Okay. And to make it easy — I mean, you can read the whole thing — but where it says "Record 16" is what I just asked you about, but feel free to read the whole thing.

MR. YANNETTI: And if you would read it silently to yourself and look up at me when you're done. witness reviews document Oh, I'm sorry — sorry. May I — question?

MR. YANNETTI: Did that help refresh your memory on where you were that night?

MR. YANNETTI: Do you still dispute that you went straight home and didn't leave there?

MR. YANNETTI: And finally — I just asked you about arriving at Canton High School on January 29th of 2022 at 1:28 and 8 seconds. You arrived at home within that home bubble on January 29th of 2022 at 1:30 in the morning and 26 seconds, correct?

MR. YANNETTI: 1:30 in the morning and 26 seconds.

MR. YANNETTI: The high school was 1:28 and 8 seconds.

MR. YANNETTI: With regard to the high school — that was also one of the bubbles, one of the areas where you could be, right? Are — Life 360?

MR. YANNETTI: Did you say that, on Life 360, Canton High School is not one of the areas that you're tracked in?

MR. YANNETTI: So, do you remember we were talking earlier about putting in a location — like, that was "home," that was "high school" — locations like, you know, if your mother's looking for you, where are you? You know, you're at D&E Pizza, you're at high school, you're at home, right? I mean, those could be categories, correct?

MR. YANNETTI: You've agreed that "home" was one of the categories, correct?

MR. YANNETTI: And, having reviewed that, Canton High School is also one of the categories, correct?

MR. YANNETTI: All right. And on January 29th of 2022, the last entry is that you completed a 12-mile drive on January 29th of 2022 at 1:32 in the morning and 23 seconds, and that's the end of the activity. Do you agree with me that that's when you finally stopped that night?

MR. YANNETTI: If I may have a moment.

MR. YANNETTI: No further questions.

MR. YANNETTI: Objection.