Commonwealth v. Read — Trial ArchiveAllison McCabe - Direct
515 linesCOURT OFFICER: Right this way. The court calls Miss Allison McCabe. Just watch your step for me.
COURT CLERK: Do you swear to tell the truth, the whole truth, and nothing but the truth?
MS. MCCABE: I do.
JUDGE CANNONE: Thank you. Whenever you're ready, Mr. Lally.
MR. LALLY: Thank you. Good afternoon.
MS. MCCABE: Good afternoon.
MR. LALLY: Could you please state your name and spell your last name?
MS. MCCABE: Allison McCabe. M-C-C-A-B-E.
MR. LALLY: And where do you live?
MS. MCCABE: Canton.
MR. LALLY: And how long have you lived in Canton?
MS. MCCABE: Um, basically my whole life, except the first few months I lived in Stoughton.
MR. LALLY: Um, you work — do you go to school?
MS. MCCABE: I'm a student, in college.
MR. LALLY: And what year are you in?
MS. MCCABE: Um, I just finished my sophomore year.
MR. LALLY: And when living in Canton, who if anyone do you live with?
MS. MCCABE: Um, my two parents and my three sisters.
MR. LALLY: Um, so you're one of four girls, is that correct?
MS. MCCABE: Correct.
MR. LALLY: And are you the oldest?
MS. MCCABE: Yes.
MR. LALLY: And your parents, what are their names?
MS. MCCABE: Um, Matt and Jen.
MR. LALLY: Um, if I could turn your attention to January 28th into January 29th, 2022 — you recall those days?
MS. MCCABE: Yes.
MR. LALLY: And do you recall what days of the week those were?
MS. MCCABE: Um, Friday and Saturday, I believe.
MR. LALLY: And so on that Friday evening, starting with there — well, let me ask you this first. At that time, were you a high school student?
MS. MCCABE: Correct.
MR. LALLY: And where did you go to high school?
MS. MCCABE: Canton High School.
MR. LALLY: All four years?
MS. MCCABE: Yes.
MR. LALLY: And did you play any sports when you were at Canton High School?
MS. MCCABE: Yes.
MR. LALLY: What sports did you play?
MS. MCCABE: Um, soccer, hockey, and lacrosse.
MR. LALLY: And so January, that would have been which sports season?
MS. MCCABE: Hockey season.
MR. LALLY: Now with respect to the hockey, as far as that evening of the 28th, how did your evening start out, or what if anything were you doing first?
MS. MCCABE: Um, it started with a team dinner at my house. Um, the hockey team came over, we had dinner. Um, then I went to my sister's basketball game at Canton High School. Um, then I was hanging out with two of my friends, we were driving around. Um, then the night ended with me driving Colin Albert home.
MR. LALLY: And so let me start sort of back at the beginning. Before we go all the way through — as far as the team dinner, is that something that was like a weekly thing?
MS. MCCABE: Yeah, it was usually like the night before a game, and sort of rotated between different players' houses.
MR. LALLY: Correct. So where was it on that particular night?
MS. MCCABE: It was at my house.
MR. LALLY: And about what time did the team dinner get done, or what time did that wind down when you went to the basketball?
MS. MCCABE: I'm not exactly sure. The basketball games typically start around 6:30, so assume around then.
MR. LALLY: And who if anyone from your family was involved in the basketball?
MS. MCCABE: Um, my younger sister.
MR. LALLY: And was she JV or varsity?
MS. MCCABE: Um, varsity.
MR. LALLY: And who if anyone else from your family was at the basketball?
MS. MCCABE: My parents. I'm not sure about my sisters.
MR. LALLY: And did you go with your parents, or how did you get there?
MS. MCCABE: Um, I believe I drove, and I arrived later than my parents.
MR. LALLY: And as far as at that time, did you have your own car?
MS. MCCABE: Yes.
MR. LALLY: And what kind of car did you have?
MS. MCCABE: Um, a little Ford Fusion, blue.
MR. LALLY: And when you arrive there, you're a high school senior?
MS. MCCABE: Correct.
MR. LALLY: You sit with your parents during the game?
MS. MCCABE: No. Um, there's sort of like a student section.
MR. LALLY: Is that correct?
MS. MCCABE: Correct.
MR. LALLY: So you sat there with your friends?
MS. MCCABE: Yes.
MR. LALLY: And when the game gets over, where was it that you went?
MS. MCCABE: Um, I believe I was just driving around with two of my friends, and then as we were driving we came across a dog on the side of the street — knowing a snowstorm was coming, um, so we picked the dog up and then brought it to the police station, and then drove the dog back to where its owner's house was.
MR. LALLY: And so just as far as the friends that you were driving around with, what are their names?
MS. MCCABE: Um, Avery Piantedosi and Danielle Seaman.
MR. LALLY: Can you do us a favor and spell those last names for our court reporter, please?
MS. MCCABE: Um, P-I-A-N-T-E-D-O-S-I. And the second, um — Danielle Seaman — S-E-A-M-A-N.
MR. LALLY: Thank you. And those were friends of yours from school, from Canton High School as well?
MS. MCCABE: Yes.
MR. LALLY: And had they been with you at the game previously?
MS. MCCABE: Um, yes, I believe so.
MR. LALLY: Um, so when you say "drove around," whereabouts were you driving?
MS. MCCABE: Um, through Canton, pretty aimlessly, just driving.
MR. LALLY: And at some point you come upon a dog, is that correct?
MS. MCCABE: Correct.
MR. LALLY: And where was that?
MS. MCCABE: Um, on Elm Street.
MR. LALLY: And this was a dog obviously unfamiliar to you?
MS. MCCABE: Yes.
MR. LALLY: What did you do with the dog?
MS. MCCABE: Um, the dog ran over to the car when we stopped, and we picked the dog up, and we didn't really know what to do with it, so we brought it to the police station.
MR. LALLY: Do you recall at all what kind of dog it was?
MS. MCCABE: No — white, it was small, it was white and brown. Not sure what type.
MR. LALLY: And so while you're at the police station, what if anything did you learn about that dog that you'd brought to the police station?
MS. MCCABE: Um, I brought — or I went in the police station, the dog stayed in the car with one of my friends, and um, as I was walking in and telling the officer that I found a dog, he got a call from the owner, and she asked — she was like, "Oh, can you return my dog please?"
MR. LALLY: And so you brought the dog back to her?
MS. MCCABE: Yes.
MR. LALLY: You know about what time all of that was going on?
MS. MCCABE: I'm not — I'm not sure.
MR. LALLY: Now, um, you mentioned that you had picked up a person by the name of Colin Albert, is that right?
MS. MCCABE: Correct.
MR. LALLY: And who is Colin Albert to you, or could you describe to the jury sort of your relationship with Colin?
MS. MCCABE: Um, I've known Colin since I've been born. Um, our families are very close, we went to high school together, school together growing up, um, in the same friend group. So yeah, we're very close.
MR. LALLY: He was in the same grade as you, was he not?
MS. MCCABE: Correct.
MR. LALLY: He was a senior at this time as well?
MS. MCCABE: Yes.
MR. LALLY: And you have mutual friends together?
MS. MCCABE: Yes.
MR. LALLY: Now the two of you are not actually sort of blood related, is that correct?
MS. MCCABE: Correct.
MR. LALLY: Um, but you have sort of relatives in common, is that correct?
MS. MCCABE: Yes.
MR. LALLY: And to that point, as far as when he reached out to you — let me ask you this: how is it that you came to pick him up that night?
MS. MCCABE: Um, he texted me and was asking for a ride, and then I responded, drove, and got him. Texted him when I arrived.
MR. LALLY: Now as far as that sort of — I don't know what exactly to call it — but as far as you picking him up at certain places on weekend nights, is that out of the realm of normalcy, or was that something that happens on occasion?
MS. MCCABE: No, that's — that's common. He knew I was driving that night, so it's pretty common. Our friends, we always drive each other around and stuff.
MR. LALLY: And without getting too much into it, as far as high school was concerned, particularly when someone was drinking, would they call and ask for a ride?
MS. MCCABE: Correct. Yes, rather than drive their own car.
MR. LALLY: Yes. And as far as you knew, was Colin drinking at least at some point during that evening?
MS. MCCABE: Yes.
MR. LALLY: Is that why he needed a ride?
MS. MCCABE: Yes.
MR. LALLY: Okay. And with respect to your parents, did you — around this time that you're driving around and you're going to pick up Colin — did you have any idea where your parents were or what they were doing?
MS. MCCABE: Um, I knew they were going out after the basketball game, but no, I didn't know. I have their Life360, they have mine, so I didn't — I wasn't sure, though.
MR. LALLY: And as far as Life360 goes, is that something that you sort of keep track of them, or they keep track of you?
MS. MCCABE: It's more of them keeping track of me.
MR. LALLY: Now, do you know approximately what time it was that you first got — or rather, he reached out by text — to pick him up?
MS. MCCABE: Um, I believe it was around midnight, not exactly sure what time, but around
MR. LALLY: ...midnight. And did you know where he was when he asked you to pick him up?
MS. MCCABE: Um, yes — the Alberts' house, 34 Fairview.
MR. LALLY: And is that a house that you're familiar with?
MS. MCCABE: Yes.
MR. LALLY: And what if any relationship do you have to people that live at the Alberts'?
MS. MCCABE: Um, my aunt and uncle and my cousins.
MR. LALLY: So Brian Albert is your uncle, correct?
MS. MCCABE: Correct.
MR. LALLY: Nicole Albert is your aunt, correct? How is — how is she your aunt — father's side, mother's side?
MS. MCCABE: Um, my mother's sister.
MR. LALLY: And Colin Albert — obviously last name Albert — he's related to people at Fairview as well, correct, but sort of on the other side of the family, correct? And do you know, as far as your... ...conversation with Colin — do you know why he was over at that house that night?
MS. MCCABE: Um, it was little Brian's birthday.
MR. LALLY: And so he had gone over for that purpose, and you went by to pick him up?
MS. MCCABE: Yes.
MR. LALLY: And do you recall where you were, or sort of who you were with, when you first got that text or communication from Colin to pick him up?
MS. MCCABE: Um, yes. I was at another friend's house. After I drove Avery and Danielle home, I went somewhere else.
MR. LALLY: You drove the two friends that you were with earlier home, and then you went somewhere else?
MS. MCCABE: I believe, yes.
MR. LALLY: Is it at that point that you got a text from Colin?
MS. MCCABE: Yes.
MR. LALLY: Now, do you recall whether or not the... ...information that you had as to where Colin was that night — is that something that came via text as well, or was that a phone call, or some other type of communication?
MS. MCCABE: Um, I knew — I knew he was there. Could have been a phone call, I'm not sure.
MR. LALLY: So were there a variety of different ways that you would have communicated with Colin around that time?
MS. MCCABE: Yes, there are other apps as well.
MR. LALLY: I'm sorry, you said through apps as well?
MS. MCCABE: Yes.
MR. LALLY: What kind of apps?
MS. MCCABE: Um, for example, like Snapchat.
MR. LALLY: So you had each other's Snapchat information, phone number information — call, text, Snap — any of those three?
MS. MCCABE: Yes.
MR. LALLY: Now, when you got that communication from him to come pick... ...him up — about how long a period of time was it from the time that you got the text from Colin to the time that you arrived in the area?
MS. MCCABE: I'm not sure.
MR. LALLY: And you're familiar with that home at 34 Fairview, right?
MS. MCCABE: Correct.
MR. LALLY: A place you've been to many times before, since you're related to the people that live there, correct?
MS. MCCABE: Correct.
MR. LALLY: And do you recall — from where you were coming from — how did you come to Fairview? Would that have been on the Chapman side or the Cedarcrest side, or how did you come?
MS. MCCABE: I don't remember.
MR. LALLY: And when you got to the home, you obviously parked at some point, correct?
MS. MCCABE: Correct.
MR. LALLY: And where in relation to the... ...house did you park?
MS. MCCABE: I believe in the driveway, on the left side — not entirely sure, I just believe that.
MR. LALLY: And when you arrived, what if any communication did you send to Colin?
MS. MCCABE: Um, I texted him saying "here."
MR. LALLY: And after you texted that to Colin, he came out of the house, is that correct?
MS. MCCABE: Correct.
MR. LALLY: And when he came out of the house, about how long a period of time was it from the time that you texted him "here" to the time that he came out to the car?
MS. MCCABE: I'm not sure. Few minutes.
MR. LALLY: And in the area around the time that you arrived on Fairview Road, what if anything do you recall in regards to weather — what was it doing?
MS. MCCABE: Um, I believe it was starting... ...to snow. Nothing crazy.
MR. LALLY: As far as accumulation, what if anything did you observe?
MS. MCCABE: Um, at that time, lights on in the house — that's it.
MR. LALLY: As far as snow was concerned, was it starting to sort of stick to the ground?
MS. MCCABE: I don't remember.
MR. LALLY: So you texted Colin, shortly thereafter he comes out — is that right?
MS. MCCABE: Correct.
MR. LALLY: You recall — you're familiar, obviously, as I've asked you a couple times now, with the house — there were two doors in the front of the house, is that right?
MS. MCCABE: Yes.
MR. LALLY: And do you know which of the two doors Colin came out of?
MS. MCCABE: Um, no, I'm not sure.
PARENTHETICAL: [break]
JUDGE CANNONE: Thank you. Please be seated. All right, could we have Miss McCabe? Please — and I'll remind you, you're still under oath. All right, Mr. Lally, whenever you're ready.
MR. LALLY: And when he came down, he came over to the car, correct?
MS. MCCABE: Yes.
MR. LALLY: And you're in the driveway, and he gets into... ...what part of the car?
MS. MCCABE: Front passenger seat — yes, I believe.
MR. LALLY: And — so when you leave from there, where is it that you went?
MS. MCCABE: Um, his house and then my house.
MR. LALLY: You dropped him off at his house and then you went home, correct?
JUDGE CANNONE: Okay, Mr. Lally, we're actually going to break here. We have to break a little bit early, but we'll be back at two. Okay, so I'm going to ask you to step aside — have the jurors go out first, and then Miss McCabe, you can follow. Thank you all. All right, goodbye.
MR. LALLY: Thank you, ma'am. Now, Miss McCabe, if I could take you back just a little bit from where we had left off. When you arrived at the residence at 34 Fairview Road, you pulled into the driveway, is that correct?
MS. MCCABE: I believe so.
MR. LALLY: And so, obviously, on that date you were familiar with the types of vehicles that your parents drove, yes? And did you see any of your parents' vehicles at the home when you pulled in and parked in the driveway?
MS. MCCABE: No.
MR. LALLY: And when you got to the house, at any point did you exit the car or go inside the house?
MS. MCCABE: No.
MR. LALLY: So you texted him... ...that you were there, you stayed in the car, and he came out?
MS. MCCABE: Yes.
MR. LALLY: And when Colin came out to the car, what if any observations did you make of him in regard to his sobriety — as far as, what if any observations did you make with respect to that?
MS. MCCABE: Normal. Didn't seem overly intoxicated.
MR. LALLY: To you?
MS. MCCABE: No.
MR. LALLY: And as far as his face or features — from whatever you could see — what if any injuries did you observe on Colin when he came out?
MS. MCCABE: None.
MR. LALLY: And how would you describe his demeanor when he came out and got into the car?
MS. MCCABE: Normal.
MR. LALLY: Now, during the course — you drove from the Fairview home to Colin's house, is that right?
MS. MCCABE: Yes.
MR. LALLY: And where was Colin living at that point?
MS. MCCABE: Um... ...I don't know the address, but, um, his new house — not the old one, not the one where he was neighbors with John — the newer house.
MR. LALLY: And if you could, just generally speaking, where was that in relation to the town of Canton?
MS. MCCABE: Um, it's in the center of town, close to the library.
MR. LALLY: And do you recall, or do you know, what type of residence that is?
MS. MCCABE: Um, yes — it's like condos, I'm not sure exactly, but yeah, town houses.
MR. LALLY: As far as your drive from the residence at Fairview to Colin's house, did you make any stops along the way?
MS. MCCABE: No.
MR. LALLY: About how long a drive is it from Fairview to Colin's new house?
MS. MCCABE: Seven minutes, five minutes.
MR. LALLY: And when you arrived there... ...what did you observe Colin do?
MS. MCCABE: Um, got out of the car, went to the door, used the key, unlocked it, went inside.
MR. LALLY: And did you wait for him to get inside?
MS. MCCABE: Yes.
MR. LALLY: And why was that?
MS. MCCABE: Um, I always wait for him because he has to get the first door open to get inside, so I usually just wait for everyone to get inside.
MR. LALLY: And during the car ride from Fairview to Colin's house, do you recall anything specific — did you have a conversation with him?
MS. MCCABE: Probably. I don't remember what we were talking about.
MR. LALLY: And then, following that, where did you go?
MS. MCCABE: Um, I believe home.
MR. LALLY: And when you got home, were either of your parents home at that point?
MS. MCCABE: No.
MR. LALLY: Do you know about what time it was that you got home?
MS. MCCABE: Not exactly. I would estimate a little bit before 12:30, around that time.
MR. LALLY: And at any point in time over the rest of the course of that evening, did you see your parents, did you talk to your parents, or anything like that?
MS. MCCABE: Um, I know I talked to my dad on the phone when we found the dog — other than that, no.
MR. LALLY: And so after your return home, when you went to sleep, were your parents home at that point?
MS. MCCABE: No.
MR. LALLY: About how much time was it between the time when you got home around 12:30 or so and when you went to sleep?
MS. MCCABE: Not long. I don't know.
MR. LALLY: Now, turning your attention to the... ...following day — at some point you woke up, correct?
MS. MCCABE: Yes.
MR. LALLY: And were your parents home at that point?
MS. MCCABE: Yes.
MR. LALLY: And were both of your parents home at that point?
MS. MCCABE: Yes.
MR. LALLY: Do you know about what time it was that you woke up?
MS. MCCABE: No, I do not.
MR. LALLY: Now, Miss McCabe, at some point in August of 2023, did you have occasion to meet with some troopers from the State Police?
MS. MCCABE: Um, yes — I'm not sure what time, but on a Zoom.
MR. LALLY: And was that one trooper or more than one trooper?
MS. MCCABE: I believe two, I'm not sure.
MR. LALLY: You recall any of the names of any of those troopers?
MS. MCCABE: Um, Yuri, maybe, was one of them — I'm not sure.
MR. LALLY: Now, ma'am, following that meeting that you had with troopers from the State Police... YANNETTI: And what happens if you delete the message?
MS. MCCABE: It's deleted off the phone.
MR. YANNETTI: Okay, so it's gone from that thread? Correct?
MS. MCCABE: Correct.
MR. YANNETTI: And somebody looking at a screenshot that you take after you've deleted that message — it wouldn't be evident that that message was ever there? Correct?
MS. MCCABE: Correct.
MR. YANNETTI: Now, you testified at a hearing in Boston on August 3rd of 2023? Correct?
MS. MCCABE: Correct.
MR. YANNETTI: That was — we're not here with a jury present — that was a federal grand jury? Correct?
MS. MCCABE: Correct.
MR. YANNETTI: And you had, by that point — by August of 2023 — you no longer had the phone that you originally had on January 29th of 2022? Correct?
MS. MCCABE: Yes, I believe so.
MR. YANNETTI: You had gotten a new phone in December of 2022? Correct?
MS. MCCABE: Okay. I'm not sure what time, but — yeah. I got a new phone. I believe I got a new phone. But —
MR. YANNETTI: And actually the timing is not that important, just that it was before that grand jury appearance.
MS. MCCABE: Okay. Yes.
MR. YANNETTI: All right. And what did you do with the old phone when you got the new phone?
MR. LALLY: And when you upgraded your phone, what, if any, data carried over from the old phone to the new phone?
MS. MCCABE: Oh, um, everything.
MR. LALLY: So as far as chats, or text messages, or phone contacts — things like that — all of that transferred from one phone to the new phone?
MS. MCCABE: Correct.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: And so first I'm going to show you a two-page document. Take a look at it.
MS. MCCABE: Okay.
PARENTHETICAL: [Objection — attorneys approach sidebar]
JUDGE CANNONE: Come on up. Step out for just a few minutes.
MR. LALLY: And do you recognize that?
MS. MCCABE: Yes.
MR. LALLY: And what do you recognize that as?
MS. MCCABE: Um, this is from my phone — my text messages.
MR. LALLY: And the second page — what is that?
MS. MCCABE: Um, Colin's contact information.
MR. LALLY: Now, those screenshots that you took from your phone — provided to the Troopers in—
MS. MCCABE: August of 2023. Yes.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
COURT OFFICER: All rise. Please follow me. Jurors, please exit the courtroom. Please be seated.
JUDGE CANNONE: If you could just briefly explain to the witness what is occurring.
MR. LALLY: Yes. I just need Mr. Yannetti back, sorry.
JUDGE CANNONE: Okay. So, thank you. And the next two — if they would be marked, not separately, please. Thank you. The lawyers are going to get to ask you a few questions now, before we go any further in front of the jury. Okay?
MS. MCCABE: Okay.
JUDGE CANNONE: So, Miss Gilman, you can take the exhibits back. And you can question this witness, and then Mr. Yannetti can cross-examine.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: So, with reference to the two screenshots that we were just talking about before the jury left the courtroom— — those are screenshots that you took from your own phone? Correct?
MS. MCCABE: Correct.
MR. LALLY: And as far as the communications contained therein — is it your memory that those are communications that you had with Colin Albert?
JUDGE CANNONE: Why don't you ask her what they are — non-leading.
MR. LALLY: Those screenshots — as far as the communications — what are they? When were they done?
MS. MCCABE: Um, at a later date. Is that what you're asking?
MR. LALLY: Sorry. So I'm asking — as far as the actual content of the conversations — when did those conversations occur?
MS. MCCABE: Um, January 28th.
MR. LALLY: And you were a participant in those conversations?
MS. MCCABE: Yes.
MR. LALLY: And as far as the content of those conversations, is it your memory that the content— — reflected there is accurate as to what the content of the conversations were between yourself and Colin Albert, the evening of the 28th and of the 29th?
MS. MCCABE: Yes.
MR. LALLY: And Colin Albert was somebody that you were familiar with? Correct?
MS. MCCABE: Yes.
MR. LALLY: And beyond what's contained within these screenshots, you had other text communications with Colin Albert using the same contact information? Correct?
MS. MCCABE: Correct.
MR. LALLY: And how is it that you knew, or were aware, that the person — or the contact — that you were talking to was Colin Albert?
MS. MCCABE: Because it's his phone.
MR. LALLY: With reference to that contact you had in your phone for Colin Albert — had you called that number before?
MS. MCCABE: Yes.
MR. LALLY: When you called the number, who answered?
MS. MCCABE: Colin.
MR. LALLY: And when you had texted Colin on prior occasions using that contact information — did you have any — you had a text communication — did you have any subsequent conversation in relation to the content of those text communications?
MS. MCCABE: Sorry, can you rephrase that?
MR. LALLY: I'm not just asking specifically about that. I'm saying — you have contact information in your phone for Colin Albert. Yes? And on any of those prior occasions when you had texted that contact — you put it in as Colin Albert in your phone — and just to be clear, you were the one who input that number as Colin— — Albert in your phone?
MS. MCCABE: Yes.
MR. LALLY: And so on this or any prior occasions when you had contacted — via text — that contact, Colin Albert, in your phone, following those text communications, did you have any conversation with Colin Albert related to the content of those communications?
MS. MCCABE: Sorry, I'm confused.
JUDGE CANNONE: You have to make these simpler.
MR. LALLY: Let's try and get through this. At some point during the course of — how long had you had Colin's contact information in your phone?
MS. MCCABE: For a while. Years.
MR. LALLY: And over the course of those years, had you had conversations related to the content of texts — in person?
MS. MCCABE: Oh, yes.
MR. LALLY: And as far as the content that you had texted to that number — you associated, or inputted, Colin Albert — was Colin Albert aware of the content of those text communications?
MS. MCCABE: Oh, correct. Yeah.
MR. LALLY: And within those specific screenshots of the text communications from that evening — as far as your recollection of that particular evening — the times associated with those, are those accurate as far as your memory?
MS. MCCABE: Yes.
MR. LALLY: And did you do anything to alter the times associated with those text communications prior to taking a screenshot and giving it to the state police?
MS. MCCABE: No.
MR. LALLY: Now, turning to the other two screenshots that you took — those were photographs? Correct?
JUDGE CANNONE: Did she take them? Just ask what they are.
MR. LALLY: Oh. Um — what are those?
MS. MCCABE: Um, pictures — both pictures of Colin. One with my aunt. Um, the other is just him and some other people.
MR. LALLY: And do you know when and where those were taken?
MS. MCCABE: Um, yes. They were taken at the Alberts' house. Um, one of their sons was coming home from the Marines, so it was like a welcome home party.
MR. LALLY: And when was that in relation to the evening of January 28th, 29th?
MS. MCCABE: A few weeks after.
MR. LALLY: And that sort of coming-home celebration — for your cousin, who was coming home from the Marines — were you there for that?
MS. MCCABE: Yes.
MR. LALLY: And so, as far as your observation of those photographs — what's depicted of Colin Albert — is that a fair and accurate portrayal of what he looked like on February 11th?
MS. MCCABE: Yes.
MR. LALLY: Nothing further.
JUDGE CANNONE: All right. Miss McCabe, thank you. You may step down. Colin Albert takes the stand
MR. YANNETTI: Good afternoon.
MS. MCCABE: Good afternoon.
MR. YANNETTI: How long have you had an iPhone? I'm not talking about your current iPhone, but just iPhones in general.
MS. MCCABE: Um, for years.
MR. YANNETTI: More than five years?
MS. MCCABE: Yes.
MR. YANNETTI: And how old are you now?
MS. MCCABE: I'm 20.
MR. YANNETTI: And when did you get your first iPhone, if you remember?
MS. MCCABE: I don't remember. 12, 13.
MR. YANNETTI: Yeah, around middle-school-ish? Maybe seven or eight years — is that a decent estimate?
MS. MCCABE: Yes.
MR. YANNETTI: And in those seven or eight years, you have learned how to operate an iPhone — the various features that they have — and the— — apps that you can download and use. Correct?
MS. MCCABE: Correct.
MR. YANNETTI: And your current iPhone has a number of apps on it. Correct?
MS. MCCABE: Correct.
MR. YANNETTI: With regard to the text message app — you'll agree with me that that is a green icon with a white sort of speech bubble in the middle of it?
MS. MCCABE: Yes, I believe.
MR. YANNETTI: And you know that when you click on that, it gives you a list of the text messages that you're exchanging with people — the various threads? Correct?
MS. MCCABE: Correct.
MR. YANNETTI: You know that if you click on a thread, it opens up the individual text messages that you've sent and received to that particular person? Correct?
MS. MCCABE: Correct.
MR. YANNETTI: And you know that if you take your finger or your thumb— — and you hold it on one particular text that's either sent to you or from you, you can do things with that individual text? Correct?
MS. MCCABE: Correct.
MR. YANNETTI: You can forward it to somebody else. Right?
MS. MCCABE: Correct.
MR. YANNETTI: In the context of a conversation, you can just reply to that one particular text message. Right?
MS. MCCABE: Correct.
MR. YANNETTI: And if you do that — rather than hit the arrow button where you forward or reply — on the left side of the screen, there's a trash can. Correct?
MS. MCCABE: I'm not sure.
MR. YANNETTI: You know that you can delete a text from a thread. Correct?
MS. MCCABE: Correct.
MR. YANNETTI: All right. And it's a trash can you click on. Right?
MS. MCCABE: Correct.
MR. YANNETTI: I'm not trying to trick you.
MS. MCCABE: No, no — I was confused.
MS. MCCABE: Um, transfer through iCloud — everything transfers over.
MR. YANNETTI: Okay, but I'm actually talking about the hardware itself.
MS. MCCABE: Oh, what did I do? Sorry, can you repeat the question?
MR. YANNETTI: Yes, I'm sorry. Not the data on the phone — I understand that you've testified that you transferred that to the new phone — but the actual physical phone itself, where did that go when you got the new phone?
MS. MCCABE: I'm not sure. Would that have been traded in? Possibly.
MR. YANNETTI: You don't have it now, correct?
MS. MCCABE: I don't think so, no.
MR. YANNETTI: And as of August of 2023, you didn't have it either, correct?
MS. MCCABE: Correct.
MR. YANNETTI: Is it fair to say that no investigator from this case ever asked you for that phone that you had on January 29th? Correct?
JUDGE CANNONE: So, Mr. Yannetti, can we just focus on the voir dire that you're doing? You can cross-examine her, but on the voir dire of this —
MR. YANNETTI: Sure, thank you.
JUDGE CANNONE: I'd just like to get the jurors back in.
MR. YANNETTI: No, I understand, your Honor. I was trying to lay a foundation, but maybe it's not necessary.
JUDGE CANNONE: If you need to do it, go ahead. I'm just trying — I want to accommodate —
MR. YANNETTI: With regard to the messages in a given thread — right, we've talked about the fact that you are aware that you can reply to an individual message, forward, or delete one, correct?
MS. MCCABE: Correct.
MR. YANNETTI: You're also aware that it is possible to change the timestamp on any individual message, correct?
MS. MCCABE: No, I'm not aware of that.
MR. YANNETTI: You go to Settings, and you go to General, and you go to Date and Time. First of all, you can change the time zone of the message. Do you have your iPhone with you right now?
PARENTHETICAL: [unidentified]
JUDGE CANNONE: : Yes. [unintelligible] Before the jurors come back in, may I just retrieve the exhibits? Yes, but I'd like to see counsel at sidebar while they come in. Hunter?, I think we should sit. You have — sorry.
MS. MCCABE: Not — what? Not on me. Not on me.
MR. YANNETTI: And in addition to being able to change the time zone, you actually can change the hour and minute to whatever you want it to be. Were you aware of that?
MS. MCCABE: No.
MR. YANNETTI: With regard to photos on your phone — you are aware that you can change the date and time of any photo in your photo app, correct?
MS. MCCABE: Nope.
MR. YANNETTI: There is — when you go to your iPhone, there's a little "i" for information. And all you need to do — or I think it's for info or information — all you need to do is click on that, and you get a pop-up from the bottom that gives you the choice to alter the date and time. Did you know that?
MS. MCCABE: No.
MR. YANNETTI: Next to that date and time is the word "Adjust," and that's all you have to click on. And you can change the time from 12:10 a.m. — or you can change it from 12:40 a.m. to 12:10 a.m. — or you could change it from 1:45 to 12:10 a.m. And it's that easy.
MS. MCCABE: Yep. Now I know. I didn't know that. I didn't do that.
JUDGE CANNONE: Can I have a moment? Okay, that's it for the voir dire. So I'm going to allow this testimony in. Your argument goes to the weight of the evidence, not its admissibility. But I did — under Commonwealth versus Trachey? — want to give you your voir dire. Okay.
MR. YANNETTI: All right.
JUDGE CANNONE: So let's bring the jurors back in.
COURT OFFICER: Court's back in session. Please be seated.
JUDGE CANNONE: I apologize for the delay. I just need one more minute. I am so sorry. And Mr. Lally, I have an instruction to give if you're going to put in that screenshot.
MR. LALLY: Yes, okay.
JUDGE CANNONE: Jurors, before — I've told you this before — before you consider any electronic communication in your deliberations, you must find first that it is more likely true than not that the person who authored or sent the communication was in fact either Colin Albert or Miss Allie McCabe. If you do not find that it is more likely true than not that Miss McCabe or Mr. Albert was the person who authored, created, or transmitted the electronic communication, then you cannot consider that communication in your deliberations. So, with that, Mr. Lally.
MR. LALLY: Thank you, your Honor. The first few pages — that's been marked [exhibit] — I seek to introduce and admit as the next exhibit.
JUDGE CANNONE: Okay, those may be admitted. Any — may I just approach to return it to the witness?
MR. LALLY: Sure, thank you. Now, Ms. McCabe, with reference to — oh, before we get into that — you had an iPhone at the time of January 28th, is that correct?
MS. MCCABE: Correct.
MR. LALLY: And with respect to your friend Colin Albert, as far as his contact information within your phone, who entered that in your phone?
MS. MCCABE: I did.
MR. LALLY: And prior to that date of January 28th into the 29th, 2022, had you had phone conversations where you would sort of press the button to call that number and it rang, correct?
MS. MCCABE: Correct.
MR. LALLY: And who, if anyone, answered the phone when you contacted that phone number — in your Colin contact? Now, with reference to Colin and the contact on your phone, had you had prior text communications with Colin using that contact that you put in?
MS. MCCABE: Correct.
MR. LALLY: I assume so, yes.
MR. LALLY: And specifically on that date of January 28th and the 29th, when you arrived at the home on Fairview Road, you texted Colin that you were there?
MS. MCCABE: Yes.
MR. LALLY: And after you texted him, what, if anything, happened after that?
MS. MCCABE: He responded saying okay, and then he came out to the car.
MR. LALLY: Your Honor, if I may — with the Court's permission — just publish the text communication to the jury on the screen?
JUDGE CANNONE: Yes.
MR. LALLY: And I'm sorry, Miss Gilman, if you could — [unintelligible] — now, what's up on the screen, Ms. McCabe, is that what you have before you as the exhibit?
MS. MCCABE: Yes.
MR. LALLY: And looking at — there's sort of one side as text and one side as blue bubble, is that correct?
MS. MCCABE: Yes.
MR. LALLY: And if you know, who is communicating with who, as far as the plain text outside?
MS. MCCABE: Colin and I. Is that what you're asking?
MR. LALLY: I'm asking — who's the blue bubble?
MS. MCCABE: Oh, sorry. I'm the blue bubble and he is the gray-whitish bubble.
MR. LALLY: And from sort of the top of what's depicted on the screen, you read the text that you received and the time that you received?
MS. MCCABE: 11:54, and then I responded at 11:55.
MR. LALLY: And what did Colin say at 11:54?
MS. MCCABE: "You can get me now if it's easier."
MR. LALLY: What?
MS. MCCABE: Okay — "I am driving people home now."
MR. LALLY: And what did Colin respond to that, and what time did he respond?
MS. MCCABE: He responded — "Get me." After.
MR. LALLY: Scroll down. And following the "Get me" — after — what, if any, response did you provide?
MS. MCCABE: "KK."
MR. LALLY: Okay. And here — and here — you texted. What time does that read on the screenshot?
MS. MCCABE: 12:10 a.m.
MR. LALLY: And what, if anything, did Colin respond to that?
MS. MCCABE: He responded at the same time, saying "okay."
MR. LALLY: May I approach, just to retrieve it?
JUDGE CANNONE: Yes, you need that. Thank you.
MR. LALLY: Okay, thank you. So the next two pages — two separate pages — contain photographs, is that correct?
MS. MCCABE: Yes.
MR. LALLY: And you recognize what's in those photographs that I've just placed before you?
MS. MCCABE: Yes.
MR. LALLY: What do you recognize? Those —
MS. MCCABE: That's Colin. Sorry —
MR. LALLY: Well, let me ask you more specifically. Were these also screenshots that you provided to troopers of the State Police in August of 2023?
MS. MCCABE: Yes, I believe so.
MR. LALLY: What — in regard to those two photographs, do you know when and where those photographs were taken?
MS. MCCABE: They were taken February 11th at the Alberts' — Nicole and Brian's — house.
MR. YANNETTI: Objection.
JUDGE CANNONE: No, I'm going to let her testify when they were taken. And so, February 11th of what year, ma'am?
MS. MCCABE: 2022.
MR. LALLY: So a few weeks after January 28th and 29th, correct?
MS. MCCABE: Yes.
MR. LALLY: And were you present at the Alberts' house on the evening of February 11th when they were taken?
MS. MCCABE: Yes.
MR. LALLY: And what was the purpose of yourself and/or Colin or anybody being over at the Alberts' house on that —
MS. MCCABE: One of Nicole and Brian's sons was coming home from the Marines, so there was like a welcome home party with family and friends.
MR. LALLY: And that is your cousin — Jack? Is that correct?
MS. MCCABE: Correct.
MR. LALLY: And as far as what's contained in those photographs, is that a fair and accurate portrayal, as far as your memory, of what Colin looked like on February 11th?
MS. MCCABE: Correct.
MR. LALLY: May I approach again?
JUDGE CANNONE: Yes.
MR. LALLY: Introduce and admit as the next two — again, subject to our discussion.
JUDGE CANNONE: Okay, yes. Those — and then just returning those to you.
MR. LALLY: Just a moment. Yes. Just enlarge that a bit.
MR. LALLY: Do you recognize what's now up on the screen — is that what you have before you as Exhibit 82?
MS. MCCABE: Yes.
MR. LALLY: And if you could just describe to the jury sort of what we're looking at in the photograph?
MS. MCCABE: Colin and my Auntie Coco.
MR. LALLY: And your "Auntie Coco" — was that also Nicole Albert?
MS. MCCABE: Yes, Nicole.
MR. LALLY: And if I can direct your attention to the next exhibit for you — Exhibit 83 — and again, what's up on the screen, is that what you have before you as Exhibit 83?
MS. MCCABE: Yes.
MR. LALLY: This is the same evening, is that correct?
MS. MCCABE: Correct.
MR. LALLY: Do you know where in the house the photograph —
MS. MCCABE: I believe they call it their library, maybe. It's the room in the back.
MR. LALLY: And as far as what's contained — in this photograph, and in reference to your friend Colin Albert, as far as his face, his arms, his hands, that a fair portrayal of what he looked like on February --
MS. MCCABE: yes.
MR. LALLY: Thank you very much. May I approach one more time to retrieve?
MR. LALLY: Thank you. Now I have no further questions.