Commonwealth v. Read — Trial ArchiveAllison McCabe — Cross/Redirect
419 linesCROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: Good afternoon, ma'am.
MS. MCCABE: Good afternoon.
MR. YANNETTI: Ms. McCabe, you have known Colin Albert your whole life, correct?
MS. MCCABE: Correct.
MR. YANNETTI: Your mother is Jennifer McCabe?
MS. MCCABE: Correct.
MR. YANNETTI: His mother is Julie Albert?
MS. MCCABE: Correct.
MR. YANNETTI: And her maiden name was Julie Daniels?
MS. MCCABE: Correct.
MR. YANNETTI: Your mother, Jennifer, grew up together with his mother, Julie, correct?
MS. MCCABE: Correct.
MR. YANNETTI: You and Colin are extremely close, correct?
MS. MCCABE: Yes.
MR. YANNETTI: In fact, you would consider Colin Albert to be one of your best friends in the world, correct?
MS. MCCABE: Yes. He is one of my best friends.
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?
MS. MCCABE: Correct.
MR. YANNETTI: Those were the screen shots that were just shown to this jury this afternoon, correct?
MS. MCCABE: Correct.
MR. YANNETTI: And you claim that the information on that screenshot actually existed on January 29th, correct?
MS. MCCABE: 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. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: Did you give to your mother, Jennifer McCabe, a screenshot of that text message conversation?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: It's fair to say that on January 29th, 30th, 31st, you did not turn over that screen shot to any law enforcement official, correct, of 2022?
MS. MCCABE: No. I was never asked.
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?
MS. MCCABE: Correct.
MR. YANNETTI: They also did not ask you for a copy of that screenshot through the whole month of February, correct?
MS. MCCABE: Correct.
MR. YANNETTI: In fact, all of 2022, no investigator ever approached you to say, can I have a copy of that screenshot, correct?
MS. MCCABE: Correct.
MR. YANNETTI: And, in addition to that, you never called an investigator to say, hey, I have a copy of a screenshot of a text message conversation that I had with Colin Albert, correct?
MS. MCCABE: No. It wouldn't have been relevant, not that time.
MR. YANNETTI: Okay.
MS. MCCABE: Because Colin was not at the house and wasn't introduced as being there until later.
MR. YANNETTI: Okay. So your testimony today 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?
MS. MCCABE: Correct.
MR. YANNETTI: Leaving that screenshot aside -- 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?
MS. MCCABE: Correct.
MR. YANNETTI: About a year and a half or more after January 29th of 2022, correct?
MS. MCCABE: Yes, when I was asked.
MR. YANNETTI: And, by that time, the summer of 2023, you had already switched phones, correct?
MS. MCCABE: Yes.
MR. YANNETTI: In other words, the iPhone that you had on January 29th of 2022, you no longer have possession of that physical phone, correct?
MS. MCCABE: Correct.
MR. YANNETTI: You had a new iPhone, correct?
MS. MCCABE: Correct.
MR. YANNETTI: And you say that you transferred over the data from the old phone to the new phone, correct?
MS. MCCABE: Correct.
MR. YANNETTI: When did you take that screen shot that was displayed to the jury today?
MS. MCCABE: I don't remember.
MR. YANNETTI: Was it before or after you got rid of your old phone?
MS. MCCABE: I don't remember.
MR. YANNETTI: So we don't know if that screen shot 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?
MS. MCCABE: 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?
MS. MCCABE: The phone -- my old one? Is that --
MR. YANNETTI: No. 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?
MS. MCCABE: Correct.
MR. YANNETTI: Now, before you got rid of the old phone and got the new one, did any law enforcement officer prior to that December of 2022 time period, or investigator from this case ever ask to examine your physical phone, itself?
MS. MCCABE: No.
MR. YANNETTI: Did they ever say to you, we would like to do what's called an extraction on your phone?
MS. MCCABE: No.
MR. YANNETTI: And you never gave that phone at any point to any law enforcement official before you got rid of it, correct?
MS. MCCABE: Correct.
MR. YANNETTI: And the first time that you mentioned that text conversation outside your family was August 3rd of 2023, correct?
MS. MCCABE: Correct.
MR. YANNETTI: That was at a proceeding in Boston, correct?
MS. MCCABE: Correct.
MR. YANNETTI: Where neither Mr. Lally or Ms. McLaughlin or we were there, correct?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Move along, Mr. Yannetti.
MR. YANNETTI: Yes.
BY MR. YANNETTI:
MR. YANNETTI: That proceeding in August of 2023 was less than a year ago, correct? We are in May of 2024.
MS. MCCABE: Correct.
MR. YANNETTI: And that was a long time after John O'Keefe was found dead on Brian Albert's lawn, correct?
MS. MCCABE: 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?
MS. MCCABE: Correct.
MR. YANNETTI: And, leaving aside the screenshot, as of August 3rd of 2023, no investigator from this case, no state police officer trooper or anyone from the D.A.'s office had ever interviewed you, right, prior to August of 2023?
MS. MCCABE: I talked to the troopers, the state troopers. But I don't know if that was before or after.
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?
MS. MCCABE: Yes. Then after.
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?
MS. MCCABE: Correct.
MR. YANNETTI: Or the D.A.'s office, correct?
MS. MCCABE: Correct.
MR. YANNETTI: You were interviewed by Zoom, correct?
MS. MCCABE: Correct.
MR. YANNETTI: And you were not alone at that time in your home, correct?
MS. MCCABE: I'm not sure.
MR. YANNETTI: Your mother, Jennifer McCabe, was present, okay?
MS. MCCABE: Okay.
MR. YANNETTI: And she was monitoring what was going on in that interview, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Is that true?
MS. MCCABE: I don't recall.
BY MR. YANNETTI:
MR. YANNETTI: In any case, that, too, was over a year and a half after January 29th, correct?
MS. MCCABE: Correct.
MR. YANNETTI: All right. Now, I'd like to ask you some questions about -- oh, by the way, you've had an iPhone since you were 12 or 13 years old?
MS. MCCABE: Correct.
MR. YANNETTI: And you are now old?
MS. MCCABE: Twenty.
MR. YANNETTI: So seven or eight years would be a good estimate as to how long you've worked with iPhones?
MS. MCCABE: Correct.
MR. YANNETTI: And, obviously, you know how an iPhone works, correct?
MS. MCCABE: Correct.
MR. YANNETTI: You know how to reply and comment on text messages, correct?
MS. MCCABE: Correct.
MR. YANNETTI: And you know that there is a lot of tools open to you to comment on text messages, correct?
MS. MCCABE: Correct.
MR. YANNETTI: You can reply to a text using an icon or an emoji, right, to like or dislike something that somebody else said?
MS. MCCABE: Correct.
MR. YANNETTI: You can laugh at it. You can love it. You can like it, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Overruled.
BY MR. YANNETTI:
MR. YANNETTI: Right?
MS. MCCABE: Correct.
MR. YANNETTI: 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?
MS. MCCABE: Correct.
MR. YANNETTI: And that's where you give the thumbs up or thumbs down, the "haha," the exclamation points, question mark, et cetera?
MS. MCCABE: Correct.
MR. YANNETTI: And you also have other options which is down the bottom there, is a kind of a curved arrow where if you click on that, you can forward the message or reply to a specific message, correct?
MS. MCCABE: Correct.
MR. YANNETTI: And, on the left, there is a trash can, right?
MS. MCCABE: Correct.
MR. YANNETTI: And what happens when you click on the trash can?
MS. MCCABE: It will delete the message from your phone.
MR. YANNETTI: Okay. And it's your testimony that with regard to the screenshot that we saw, there are no deleted messages in that conversation, correct?
MS. MCCABE: Yes.
MR. YANNETTI: However, you would agree, as you've already testified, if a message had been deleted from a screenshot, we'd never know, right?
MS. MCCABE: True.
MR. YANNETTI: You're also familiar with the apps that are on iPhones, correct?
MS. MCCABE: Correct.
MR. YANNETTI: You have a number of apps on your iPhone, right?
MS. MCCABE: Correct.
MR. YANNETTI: There might be 12 or 15 -- I haven't counted them, but 12 or 15 maybe on your home screen, right?
MS. MCCABE: Correct.
MR. YANNETTI: And, if you swipe to the left, you get a new population of 12 or 15?
MS. MCCABE: Correct.
MR. YANNETTI: That's not bad for an old guy, right?
MS. MCCABE: Yes.
MR. YANNETTI: And you use apps like Instagram?
MS. MCCABE: Correct.
MR. YANNETTI: Snapchat is a popular app?
MS. MCCABE: Correct.
MR. YANNETTI: And probably to your detriment but Life360?
MS. MCCABE: Uh-huh. Correct.
MR. YANNETTI: That's been an app in the McCabe family for a number of years, right?
MS. MCCABE: Correct. Yes.
MR. YANNETTI: And it's in your family, anyway, and probably in a lot of families, it's mainly used for the parents to keep track of their kids, right?
MS. MCCABE: Correct.
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 it's in the family, correct, connected to you?
MS. MCCABE: 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?
MS. MCCABE: Yes. I believe one is blue and one is green.
MR. YANNETTI: The screenshots that we saw of your text conversation that you say that you had with Colin Albert, you were in blue, right?
MS. MCCABE: Correct.
MR. YANNETTI: That means that Colin Albert also had an iPhone at the time, correct?
MS. MCCABE: Correct.
MR. YANNETTI: Now, with regard to the timestamp on those messages, the conversation about I'm here, I believe it gave the time 12:10 a.m., correct?
MS. MCCABE: Correct.
MR. YANNETTI: Are you aware how easy it is to change that time?
MS. MCCABE: No.
MR. YANNETTI: Are you aware that all you need to do is go from settings to general and then there is a date and time that you can alter?
MR. LALLY: Objection.
JUDGE CANNONE: Are you aware of that?
MS. MCCABE: No. I didn't know that was a thing.
BY MR. YANNETTI:
MR. YANNETTI: You know that when you set up your iPhone, you have to choose a time zone, correct?
MS. MCCABE: Correct.
MR. YANNETTI: And you always choose the New York time zone because that's where Boston is, right?
MS. MCCABE: Correct.
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?
MS. MCCABE: I guess. Once I set my phone up, I have no reason to change the time.
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 three seconds. Did you know that?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Do you know that? Did you know that?
MS. MCCABE: No, I don't.
BY MR. YANNETTI:
MR. YANNETTI: I'm not accusing you of this now, but if you had changed the time on that from a screen shot, we'd have no way of knowing, correct?
MS. MCCABE: I guess.
MR. YANNETTI: Because what a screenshot ultimately becomes is like a photo, correct?
MS. MCCABE: Correct.
MR. YANNETTI: It's not like you can edit it, right?
MS. MCCABE: 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? A Correct.
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, you know, go through the phone themselves, and you had said "no," right?
MS. MCCABE: Yes. They did not do that.
MR. YANNETTI: Right. And they never asked to do an extraction on the old phone, correct?
MS. MCCABE: No.
MR. YANNETTI: What about the new phone that you now have that you got in December? Have the state police ever asked to do -- have they ever asked to look through that phone?
MS. MCCABE: No. I don't think so.
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, right, of 2023?
MS. MCCABE: Correct.
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. LALLY: Objection.
JUDGE CANNONE: I'll allow that. Did they say that to you?
MS. MCCABE: I don't remember.
BY MR. YANNETTI:
MR. YANNETTI: But, in any case, you never physically showed them your phone, right?
MS. MCCABE: No.
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 and click on the Colin Albert conversation and say, here it is, did you?
MS. MCCABE: No.
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?
MS. MCCABE: Correct.
MR. YANNETTI: And, at some point in time, you realized that you'd have to be a witness in this case and have an unfortunate incident of having to talk to me, right?
MR. LALLY: Objection.
JUDGE CANNONE: I am going to see counsel at sidebar.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: I just want to let you know, the other day when Brian Albert, Jr. testified, he said he couldn't differentiate between the two hearings. One was for the harassment he and his family have received. I think you're opening the door if you get another answer like that, and the Commonwealth can run with it. So focusing on the screenshot, it may be why she didn't do it before, why she felt the need to keep these things.
MR. YANNETTI: I see where the Court is going. Okay.
JUDGE CANNONE: I'm just warning you on that.
MR. YANNETTI: I understand. I understand.
MR. LALLY: Thank you, Your Honor. I think the door is already open.
JUDGE CANNONE: I think it is too. Okay.
(Whereupon, the sidebar conference concluded.)
BY MR. YANNETTI:
MR. YANNETTI: Okay. And, just to wrap this up, to this day, no extraction has been done on your phone, correct?
MS. MCCABE: Correct.
MR. YANNETTI: Now, when you had that Zoom and review on August 25th, you told the trooper that you drive Colin straight to his house after you picked him up on January 29th and then you went straight home, correct?
MS. MCCABE: Yes. I believe.
MR. YANNETTI: And you have previously testified back in August of 2023 that you believe you dropped Colin Albert at his home at around 12:15, 12:20 or so?
MS. MCCABE: Correct.
MR. YANNETTI: And, when you left -- by the way, you're very familiar with 34 Fairview, right?
MS. MCCABE: Correct.
MR. YANNETTI: That's family, correct?
MS. MCCABE: Correct.
MR. YANNETTI: You've been over there many, many, many times, correct?
MS. MCCABE: Correct.
MR. YANNETTI: And you're familiar with the neighborhood in terms of the streets that are around there, right?
MS. MCCABE: Correct.
MR. YANNETTI: And you've lived in Canton your whole life? I mean, when you were a baby you were in Stoughton. But, basically, you're a Canton girl, right?
MS. MCCABE: Yes.
MR. YANNETTI: And can you tell the jury the route that you took home from 34 Fairview? Actually, strike that. The route that you took to Colin Albert's house when you left 34 Fairview on January 29th?
MS. MCCABE: I don't remember specifically, but I would believe I drove up Fairview, then -- I don't know the streets.
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?
MS. MCCABE: Yes. So Chapman.
MR. YANNETTI: So you would have gone up and gone to Chapman and taken a right or a left?
MS. MCCABE: I'm really bad with directions. When I got there, I went to the center of town and his house. I don't know specifically which way. I'm trying to think of it. I can't picture it.
MR. YANNETTI: Your Honor, may I just have a moment?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: Are you familiar with Washington Street in Canton?
MS. MCCABE: Yes.
MR. YANNETTI: Would you have wound up on Washington Street?
MS. MCCABE: Yes.
MR. YANNETTI: And you're aware that the Canton library is on the corner of Washington and Sherman Street? Does that make sense?
MS. MCCABE: Yes.
MR. YANNETTI: So you would have passed by the library?
MS. MCCABE: Yes.
MR. YANNETTI: All right. Now, with regard to whether you went straight home, did you -- by the way, when you went home, did you stay there?
MS. MCCABE: Yes.
MR. YANNETTI: So you were in the rest of the night?
MS. MCCABE: Yes.
MR. YANNETTI: Okay. And what time do you say that you arrived at home?
MS. MCCABE: I'm not sure. Around 12:30-ish.
MR. YANNETTI: Okay. With regard to Life360, 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 is like a -- and let's say you want to know if somebody is home. There is like a circle that surrounds your home, correct?
MS. MCCABE: Yes.
MR. YANNETTI: So once you enter that circle, you know that Life360 gives an alert that said that you arrived at home, even though you are physically walking through the door, you are within that circle and that's the home circle, right?
MS. MCCABE: Yes.
MR. YANNETTI: Okay. On January 29th of 2022 at 12:04:53, you arrived within that home circle, correct?
MS. MCCABE: Correct.
MR. YANNETTI: And then at 12:06:55 on January 29th, you left that home circle, correct?
MS. MCCABE: Correct.
MR. YANNETTI: And then on January 29th of 2022 at 12:23:14, you completed a seven mile drive where your top speed was 42 miles an hour. Does that make sense?
MS. MCCABE: Correct.
MR. YANNETTI: And then you left home on January 29th of 2022 at 12:23:14, as well. 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?
MS. MCCABE: Yes. I thought I went home.
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: I'm sorry. I didn't hear your answer.
MS. MCCABE: I believe I went home. I was completing my drive at my house.
BY MR. YANNETTI:
MR. YANNETTI: But at 12:26 a.m. on January 29th, you left home again, right?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Did you? Did you leave home?
MS. MCCABE: I don't know. I don't remember.
JUDGE CANNONE: Okay.
BY MR. YANNETTI:
MR. YANNETTI: And at 12:26 a.m. and 12 seconds, you arrived at the Canton High School, correct?
MS. MCCABE: No.
MR. YANNETTI: On January 29th of 2022 at 12:26:55, you completed a one-mile drive where your top speed was 43 miles per hour, right?
MS. MCCABE: I don't believe so.
MR. YANNETTI: And then at 12:26:55 on January 29th, you left Canton High School and arrived at home on January 29th of 2022 at 12:29:28, correct?
MS. MCCABE: I do not know.
MR. YANNETTI: And then after arriving home again on January 29th of 2022 at 12:29:29, you completed a 12-mile drive on January 29th of 2022 at 12:31:22; did you not?
MS. MCCABE: No.
MR. YANNETTI: And then you left home on January 29th of 2022 at 1:08:15, right?
MS. MCCABE: I don't believe so.
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 eight seconds.
MS. MCCABE: Can I see what you're referring to?
MR. YANNETTI: Sure.
MR. YANNETTI: May I approach, Your Honor?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: To make it easy -- I mean, you can read the whole thing. But where it says -- "Reference 16" is what I just asked you about. Feel free to read the whole thing.
MS. MCCABE: Okay.
MR. YANNETTI: And, if you would, read it silently to yourself and look up at me when you're done.
MR. YANNETTI: May I approach?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: Did that help refresh your memory on where you were that night?
MS. MCCABE: No.
MR. YANNETTI: Do you still dispute that you went straight home and didn't leave there?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: And, finally, I had just asked you about arriving at Canton High School on January 29th of 2022 at 1:28:08. You arrived at home, within that home bubble, on January 29th of 2022 at 1:30 in the morning and 26 seconds, correct?
MS. MCCABE: What time did it say?
MR. YANNETTI: 1:30 in the morning and 26 seconds.
MS. MCCABE: And what time did it say I arrived at the high school?
MR. YANNETTI: The high school was 1:28:08.
MS. MCCABE: It wouldn't have taken me two minutes to go from the high school to my house. I'm confused.
MR. YANNETTI: Well, with regard to the -- if the high school was also one of the bubbles, one of the areas where you could be, right, on Life360?
MS. MCCABE: No.
MR. YANNETTI: If I may?
MS. MCCABE: Yes.
MR. YANNETTI: Okay. Did you say that on Life360 the Canton High School is not one of the areas that you're tracked in?
MS. MCCABE: What do you mean?
MR. YANNETTI: Do you remember we were talking earlier about how --
MS. MCCABE: Oh, like put in a location like that one's home, that one's the high school?
MR. YANNETTI: Yeah. So there are multiple locations like, you know, if your mother is looking for you, where are you.
MS. MCCABE: Yes.
MR. YANNETTI: Well, you're at D&E Pizza. You're at high school. You're at home. Right? I mean, those could be categories?
MS. MCCABE: Correct.
MR. YANNETTI: You've agreed that home was one of the categories?
MS. MCCABE: Correct.
MR. YANNETTI: And, having reviewed that, the Canton High School is also one of the categories, correct?
MS. MCCABE: I believe so.
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?
MS. MCCABE: I don't recall.
MR. YANNETTI: If I may have a moment?
JUDGE CANNONE: Yes.
MR. YANNETTI: No further questions. Thank you, Your Honor.
JUDGE CANNONE: All right. Mr. Lally?
MR. LALLY: Thank you.
REDIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Now, Ms. McCabe, with regard to -- did you get rid of your prior iPhone or did you upgrade your iPhone?
MS. MCCABE: Upgrade.
MR. LALLY: And that would have been in December of 2022; is that correct?
MS. MCCABE: Yes. I believe so.
MR. LALLY: Was it sometime around Christmas?
MS. MCCABE: Yeah, probably.
MR. LALLY: And that could have been a present as far as getting a new iPhone or upgrading your iPhone?
MS. MCCABE: Yes.
MR. LALLY: Now, as far as any of the information that you were shown as far as the screenshot, did you in any way, shape or form alter or delete any of the content within that text message from January 28th and the 29th with Colin Albert?
MS. MCCABE: No.
MR. LALLY: With reference to changing times or time zones or anything on text messages, before Mr. Yannetti asked you any of those questions, were you aware of any of those things as things you could do with your phone?
MS. MCCABE: No.
MR. LALLY: With regard to Life360, what, if any, knowledge do you have as far as the accuracy of sort of the timestamps that are contained within that app?
MS. MCCABE: Well, I'm not sure. But on the photo he showed me, it says, like, turn WiFi on. So like remind Alli to turn WiFi on. So that kind of affected the accuracy.
MR. LALLY: And that was on literally every single one of the alerts that was on that page that he showed you?
MS. MCCABE: Every single one.
MR. LALLY: Now, Canton High School. Do you know what street that's on?
MS. MCCABE: Washington Street, I believe. Yes.
MR. LALLY: And about how far a ride is it from Canton High School to your house?
MS. MCCABE: Seven, eight minutes. Ten. I'm not sure.
MR. LALLY: So if you were in the bubble of Canton High School at 1:28 in the morning, could you have possibly been in the bubble of your home at 1:30 in the morning?
MS. MCCABE: No.
MR. LALLY: You know, unless you were going 90 miles an hour in a snowstorm?
MS. MCCABE: No.
MR. LALLY: Now, you were asked some questions about that time frame of August of 2023 when you were asked and you turned over screenshots to troopers from the state police, correct?
MS. MCCABE: Correct.
MR. LALLY: And you were asked about previous times, indicating that you weren't asked and it wasn't relevant, correct?
MS. MCCABE: Correct.
MR. LALLY: Now, do you know why you were asked in August of 2023 versus any prior time period?
MS. MCCABE: Because Colin Albert wasn't in the house, and it was brought up here that he was.
MR. LALLY: And brought up where?
MS. MCCABE: By defense.
MR. LALLY: And, around that time of August 2023?
MS. MCCABE: I believe so, yes.
MR. LALLY: With reference to relevancy, is that what you were talking about?
MS. MCCABE: Correct.
MR. LALLY: And what, if anything else -- you're close friends with Colin Albert; is that correct?
MS. MCCABE: Correct.
MR. LALLY: What, if anything else either your family or Colin Albert and his family have undergone over the course of the pendency of this case?
MR. YANNETTI: Objection.
JUDGE CANNONE: The door's been open. I'll allow it.
MS. MCCABE: Well, basically harassment.
BY MR. LALLY:
MR. LALLY: And harassment by who?
MS. MCCABE: Bloggers, people online.
MR. LALLY: And what, if anything, in relation to Colin Albert being in the house has occurred as far as the harassment that you're talking about?
MS. MCCABE: Can you rephrase?
MR. LALLY: Sure. With reference to what you were talking about as far as the relevancy of Colin Albert being in the house at that time, what, if any, harassment was there in relation to that and in relation to Colin?
MR. YANNETTI: Objection.
JUDGE CANNONE: Go ahead. She can answer.
MS. MCCABE: Colin wasn't at the house. So he's being harassed for -- he was not at the house when John was there. So I drove him home. People are harassing him, saying he was at the house when it's not true.
BY MR. LALLY:
MR. LALLY: When you speak about harassment, what specifically type of harassment are we talking about?
MS. MCCABE: Phone calls. Constant phone calls, emails, awful messages.
MR. YANNETTI: Objection.
JUDGE CANNONE: I'll allow it. Focus on this witness.
MR. LALLY: Yes.
BY MR. LALLY:
MR. LALLY: As far as you and your family, what, if any, type of harassment have you received?
MS. MCCABE: People showing up at our house. People emailing my school. Just a lot of harassment. Could I have a moment, pleases?
JUDGE CANNONE: Sure.
MS. MCCABE: Okay. I'm sorry.
BY MR. LALLY:
MR. LALLY: That's okay. And how long a period of time has that persisted for?
MS. MCCABE: A very long time.
MR. LALLY: Thank you, ma'am. I have no further questions.
MR. YANNETTI: I have nothing further.
JUDGE CANNONE: All right, Ms. McCabe. You're all set.
MS. MCCABE: Thank you.
(Whereupon, the witness is excused.)
JUDGE CANNONE: Your next witness, Mr. Lally?
MR. LALLY: Yes, Your Honor. The Commonwealth would call Colin Albert to the stand.