Colin Albert - Direct

MR. LALLY: Yes. Call Colin Albert to the stand.

MR. LALLY: Thank you. Good afternoon, sir. How are you? Would you please state your name and spell your last name?

MR. LALLY: And where do you live, sir?

MR. LALLY: And how long have you lived in Canton?

MR. LALLY: And who, if anyone, do you live with in Canton?

MR. LALLY: And your mother and your father — what are their names?

MR. LALLY: And your brothers — what are their names?

MR. LALLY: And as far as within the ages of you and your two brothers, where do you fall?

MR. LALLY: And how old are you, sir?

MR. LALLY: And do you work? Do you go to school?

MR. LALLY: And what year are you in?

MR. LALLY: Now, sir, if I could turn your attention to January 28th into January 29th of 2022 — recall those days?

MR. LALLY: Do you recall what days of the week they were?

MR. LALLY: Do you recall whether it was a weekday or weekend?

MR. LALLY: And turning your attention to the evening of January 28th, do you recall where you went that night?

MR. LALLY: And just to be clear — around that time, were you in college, were you in high school, what grade were you in?

MR. LALLY: So end of January, you would have been about four months away or so from graduation. Correct?

MR. LALLY: And on that evening, at some point, did you leave your home and go out?

MR. LALLY: And do you recall about what time it was that you went out?

MR. LALLY: Do you recall whether it was light or dark when you went out?

MR. LALLY: And upon leaving your house, where did you go?

MR. LALLY: And that buddy — what was his name?

MR. LALLY: And does Mike live in Canton as well?

MR. LALLY: About how far is it from your house?

MR. LALLY: And when you got to Mike's house, was it just you and Mike, or was anyone else there?

MR. LALLY: Was there more than just the two of you?

MR. LALLY: And generally speaking, when you got to Mike's house, what is it that you did when you got there?

MR. LALLY: Now, as far as how you got from your house to Mike's house — do you recall how you got there?

MR. LALLY: Let me ask you this — did you walk, did you drive, did you get a ride?

MR. LALLY: Do you recall who you got a ride from?

MR. LALLY: And — as far as that particular night that you went out — did you drink any alcoholic beverages while you were there?

MR. LALLY: And did you drink any of those at Mike's house?

MR. LALLY: And do you recall generally what you were drinking that night?

MR. LALLY: And when you were at Mike's house on that particular evening, do you recall about how long you were there for?

MR. LALLY: And do you recall how much you had to drink while you were at Mike's house?

MR. LALLY: And so, in reference to you going out and going over to Mike's house and having some beers — is that why you didn't drive?

MR. LALLY: So you got a ride from someone over to Mike's house, spent some hours there — and then do you recall where you went from there?

MR. LALLY: And fair to say you have a relatively large extended family within Canton. Is that correct?

MR. LALLY: And so when you say you went to your uncle's house, which uncle's house did you go to?

MR. LALLY: And that would be the same last name as yourself — so Brian Albert?

MR. LALLY: And how is he your uncle — how is he related?

MR. LALLY: And why did you go to your uncle's house that night?

MR. LALLY: And so that would be Brian Albert Jr.? Is that right, sir?

MR. LALLY: Do you know how old your cousin Brian Albert Jr. was turning on that night?

MR. LALLY: And do you recall how you got from Mike's house to your uncle's house?

MR. LALLY: And do you know the address of your uncle's house — 34 Fairview Road? Is that somewhere you had been before?

MR. LALLY: And so your memory is that Allie McCabe gave you a ride from Mike's house to the house on Fairview?

MR. LALLY: Now, Allie McCabe — as far as who is that to you, or what kind of relationship do you have with her?

MR. LALLY: And you and Miss McCabe — are you in the same grade?

MR. LALLY: And how long have you known her?

MR. LALLY: So not blood related, but someone that you see at family events?

MR. LALLY: And someone that was in the same grade and went to the same school as you?

MR. LALLY: And that school — which school did you go to?

MR. LALLY: And do you recall about what time it was that you arrived at the house on Fairview?

MR. LALLY: And at that time, did you have any kind of curfew or time that you had to be home from your parents?

MR. LALLY: And so was it like a hard-and-fast "12:00, if you're not here you're grounded," or was it sort of around that time?

MR. LALLY: And so — when you arrived there, you went into the house? Is that right?

MR. LALLY: And the house at 34 Fairview has a couple of different ways to get in — in the front? Is that correct?

MR. LALLY: And do you recall which way you went in that evening?

MR. LALLY: And when you came into the house, where did you go within the house — what room did you go into?

MR. LALLY: And then from the living room, where else did you go?

MR. LALLY: And within the kitchen area of the house, who, if anyone, was present in the kitchen?

MR. LALLY: Is it possible there were other people there that you just don't recall?

MR. LALLY: And where were they situated?

MR. LALLY: Now, after you arrived there — well, when you arrived there, what is it that they were doing when you walked in?

MR. LALLY: And you came in, you greeted people. Is that correct?

MR. LALLY: Now, the other people that you talked about — beyond your cousin Brian Albert Jr. — did you know those other people?

MR. LALLY: Fair to say they were older than you were? Is that correct?

MR. LALLY: So Miss Levinson would have been older than — than you by at least a few years at that point?

MR. LALLY: And the same with reference to — I believe you said Miss Fabiano and Miss Doody — is that correct?

MR. LALLY: Now when you arrive at the house, did you have any other drinks once you got there?

MR. LALLY: And you recall what, if anything, you drank once you got there?

MR. LALLY: Correct. Do you know how many you had while you were at 34 Fairview?

MR. LALLY: And over the course of the evening, whether it was at Mike's house or in between or when you got to 34 Fairview, did you feel yourself as far as overly intoxicated or drunk or anything like that?

MR. LALLY: And as far as the other people that you observed at the house that night, does anybody stick out to you as being overly intoxicated or fall-down drunk or anything like that?

MR. LALLY: Now with reference to when you came into the house, you mentioned music playing. How would you describe sort of the general mood within the house?

MR. LALLY: It was?

MR. LALLY: Now as far as that area where you first observed the people around the table in the kitchen dining room area when you came in, did you ever see anybody else go anywhere else in the house?

MR. LALLY: Did you yourself go anywhere else in the house?

MR. LALLY: At any point in time in the evening while you were there, did you go upstairs or downstairs in the basement or out in the backyard or anywhere else besides the kitchen dining room area?

MR. LALLY: Yeah, other than that, no?

MR. LALLY: And about how long were you at your uncle's house that night to celebrate your cousin's birthday?

MR. LALLY: And so about what time would it have been that you left?

MR. LALLY: And with respect to your leaving the house — who if anyone did you contact to — to facilitate — rephrase. Let me ask it in a much easier, better way, okay. As far as your plans were concerned as far as leaving the house, who if anyone did you reach out to to get a ride from?

MR. LALLY: And how did you reach out to her?

MR. LALLY: And do you recall whether or not you had any sort of other communication — well, let me step back and ask it this way. At that point in time in January of 2022, you had Miss McCabe's information saved as a contact in your phone, is that correct?

MR. LALLY: And on prior occasions, had you had a chance to call that number from your cell phone that you had programmed in as "Allie M"?

MR. LALLY: And when you called that number, who if anyone answered the phone?

MR. LALLY: Now with respect to text communications, have you had text communications with that contact in your phone as "Allie McCabe" prior to that date of January 28th?

MR. LALLY: And when you had those conversations, did you then also have subsequent in-person conversations with Allie McCabe as well?

MR. LALLY: And during those in-person conversations, was there any reference or anything talked about — content that had been previously sent and communicated via text?

MR. LALLY: Let me ask it — so you would have text communications with the person you put in as a contact, Allie, correct?

MR. LALLY: And then subsequent to having those text communications, you would then speak to her either in person or over the phone?

MR. LALLY: Following those text communications with the person that you had input in your phone, what if any verbal conversations would you have in reference to the content of the text?

MR. LALLY: Did you talk to her in person about something you had talked to her about in texts?

MR. LALLY: Now with reference — on that specific date of January 28th — was text communication the only means by which you communicated with Allie McCabe?

MR. LALLY: And were there other means by which you would typically communicate with her if she wasn't answering her texts?

MR. LALLY: And were there apps or anything like that on your phone that you would communicate with her as well?

MR. LALLY: Now with respect to Snapchat and your family specifically, your cousins — what if any sort of group Snapchat chains were there with respect to your family?

MR. LALLY: And specifically, who were those group Snapchat chains — who was included with you?

MR. LALLY: And you have cousins on basically your father's side and your mother's side, correct?

MR. LALLY: You have no cousins on your mother's side?

MR. LALLY: And with respect to the cousins on your father's side, would it be all of your cousins that were included within that?

MR. LALLY: And so who of your cousins would be included on those kind of group Snapchat?

MR. LALLY: And if you recall, was there any communication on that group Snapchat chain in regard to Brian Jr.'s birthday on that date of January 28th to 29th?

MR. LALLY: Now with respect — so you reach out to Miss McCabe via text, is that correct?

MR. LALLY: And she agrees to pick you up?

MR. LALLY: And at some point, are you made aware that she's at the home?

MR. LALLY: And how is it that she makes you aware that she's at the home?

MR. LALLY: And at any point in time while you were in the home, did Miss McCabe come inside the home?

MR. LALLY: And so after you received that text message from Miss McCabe, did you respond?

MR. LALLY: And what did you respond?

MR. LALLY: And from that communication — after you sent that — about how long was it between the time that you sent that and the time that you came out?

MR. LALLY: And when you came out of the house, you recall which door you came out at that point?

MR. LALLY: And when you came out that door, who if anyone did you encounter as you were coming out?

MR. LALLY: And you were going out and what were they doing?

MR. LALLY: And in addition to your Uncle Brian and your Aunt Nicole, was there anybody else you recall that was with them when they came into the house?

MR. LALLY: And what if any exchange did you have with your uncle and your aunt as you were going out and they were coming in?

MR. LALLY: And you then went outside of the house, is that correct?

MR. LALLY: And did you see Miss McCabe outside?

MR. LALLY: And where was her vehicle in relation to the house?

MR. LALLY: Now do you recall what type of vehicle Miss McCabe was driving on that particular night?

MR. LALLY: Was that a sedan, was that an SUV, what type of vehicle?

MR. LALLY: And so you come out, that's in the driveway, correct?

MR. LALLY: You recall whether or not it was parked on the left side or the right side of the driveway?

MR. LALLY: And you get into — you get into the vehicle. Which part of the vehicle did you get into?

MR. LALLY: Front seat, passenger side — does that sound right?

MR. LALLY: You recall whether or not there was anybody else in the vehicle at the time that you got in?

MR. LALLY: You recall whether or not there was anybody else in the vehicle at the time that she had dropped you off at that location?

MR. LALLY: Now as far as coming outside of the house, did you take note of anything as far as the weather or what was going on when you came outside?

MR. LALLY: So the snow had just begun. Do you recall whether or not it was sticking or accumulating on the ground at that time?

MR. LALLY: Now you get into the car and where did you go?

MR. LALLY: So no stops along the way, just straight from Fairview to your house?

MR. LALLY: And about how long a drive is that?

MR. LALLY: Now as you were outside of the house walking to the car and after the car backs out of the driveway and leaves, did you observe anything abnormal or unusual outside of your uncle's house that night?

MR. LALLY: Did you observe any other cars outside at that time?

MR. LALLY: Now Allie has a mother and a father and you're familiar with them, is that correct?

MR. LALLY: And what are their names?

MR. LALLY: Same last name that you gave?

MR. LALLY: And are you familiar with what types of vehicles they have?

MR. LALLY: And when you came out of the house and got into Allie's Ford sedan, did you see any vehicle you would associate with either Jennifer or Matthew McCabe at the house at that time?

MR. LALLY: And so you drive home and you go to your house. Without the address, whereabouts within the town of Canton were you living at that time?

MR. LALLY: And is that a single family house or a multifamily house or what is it?

MR. LALLY: And when she pulls in and parks, you get out, correct?

MR. LALLY: And so in order to get into the building — in order to get into your home, how is it that you get into your home when you get to the condominium?

MR. LALLY: And so there's — you have to get into the building before you

MR. LALLY: And did you notice whether or not -- excuse me -- did you notice whether or not Allie McCabe was still out there parked when you opened the door?

MR. LALLY: And you get into the condo -- where you get into your home -- and who if anyone was living with you at that time?

MR. LALLY: Your older brother, where was he?

MR. LALLY: He was in the service, is that correct?

MR. LALLY: And as far as your brother, your little brother, and your father and your mother -- were they at home when you got home?

MR. LALLY: And how do you know?

MR. LALLY: Is there any sort of usual -- or sort of, for lack of a better term -- protocol, as far as when you come home, where do you go sort of first thing when you walk in?

MR. LALLY: And did you do that on that occasion?

MR. LALLY: So sort of immediately when you come home you go right up to your parents' room?

MR. LALLY: And when you got up to your parents' room on that particular evening, were both your mother and your father in their room?

MR. LALLY: And you had that sort of exchange that you described before?

MR. LALLY: And your bedroom is then located downstairs from where your parents' bedroom is?

MR. LALLY: And if you know, about what time was it that you came into the house?

MR. LALLY: And fair to say this is two and a half years ago and you weren't exactly looking at your watch when you came in, is that right?

MR. LALLY: And as far as being home or having that curfew around midnight or so, did you get in trouble for being late that night?

MR. LALLY: Now Mr. Albert, the place that you were living at that point in the condo -- how long had you been living there?

MR. LALLY: Did you live somewhere else in Canton prior to that?

MR. LALLY: Where was it that you lived?

MR. LALLY: And how long did you live at 7 Meadows?

MR. LALLY: And so all I'm sort of trying to ascertain here is -- from the time of January 28-29, 2022 -- was it a long time, short time, months, weeks, years -- how long had you been living at the condo?

MR. LALLY: And so prior to that couple of months you had lived your whole life at 7 Meadows, correct?

MR. LALLY: And that was a single family house, is that correct?

MR. LALLY: And with respect to living on Meadows Ave, did you know people that lived on your street growing up?

MR. LALLY: And at some point while you were living there did you come to know someone by the name of John O'Keefe?

MR. LALLY: And how did you know Mr. O'Keefe?

MR. LALLY: So how many houses, if you know, were sort of in between your house and Mr. O'Keefe's?

MR. LALLY: And do you know how long Mr. O'Keefe had been living on that street?

MR. LALLY: And how did you know him -- sort of if you could describe your relationship with your neighbor?

MR. LALLY: And were you aware who if anyone lived at the house with Mr. O'Keefe?

MR. LALLY: And that would have been his niece and his nephew that he adopted, correct?

MR. LALLY: Where were they in relation to you as far as age?

MR. LALLY: Yes. Now as far as your relationship with Mr. O'Keefe, your neighbor -- about how often would it be that you would see him?

MR. LALLY: And during the time that you lived on Meadows Ave, or any couple months subsequent to that -- ever any animosity or any sort of arguments or anything that you would ever have had with Mr. O'Keefe?

MR. LALLY: And how would you describe Mr. O'Keefe from your perspective -- as far as how would you describe him as a person?

MR. LALLY: Now with respect to -- if I could bring you back to Fairview Road on January 28th and 29th of 2022 -- obviously you were familiar with Mr. O'Keefe at that point?

MR. LALLY: And at any point in time that you were in that home, did you see Mr. O'Keefe inside the home?

MR. LALLY: At any point in time that you were outside of the home -- going in, coming out -- at any point in time did you see Mr. O'Keefe?

MR. LALLY: At any point in time in the evening of January 28th into January 29th, 2022, did you see Mr. O'Keefe at all?

MR. LALLY: And at that time, end of January 2022, were you aware of or did you know anybody by the name of Karen?

MR. LALLY: And how did you know?

MR. LALLY: And had you had any sort of prior interactions with Miss Read prior to January 28th?

MR. LALLY: Did you know what she looked like?

MR. LALLY: As far as any interaction, would that be just sort of driving by the house?

MR. LALLY: One moment. Yes. Now as far as that sort of reaching out to Miss McCabe on that particular evening -- was that something that you had done before?

MR. LALLY: Is that something that sort of you and your friend group did together -- as far as if somebody was out and driving around and somebody else was maybe drinking somewhere, they could contact them for a ride?

MR. LALLY: That was as opposed to somebody drinking and then getting behind the wheel and driving, correct?

MR. LALLY: Now sir, at some point in July of 2023, did you have occasion to meet with any troopers from the state police in regard to that evening of January 28-29?

MR. LALLY: At some point in July of 2023, did you meet with any troopers from the state police?

MR. LALLY: At some point subsequent to that date of January 28-29, did you meet with any troopers from the state police?

MR. LALLY: Okay, and you were asked questions and you answered them, is that correct?

MR. LALLY: And following that conversation or interview that you had with troopers from the state police, what if anything did you provide them with reference to your phone? Can you rephrase that, sorry. At some point did you provide them with a screenshot of a text communication between yourself and Allie McCabe?

MR. LALLY: And was that something that you took -- a screenshot on your own phone -- and then were able to provide it to them?

MR. LALLY: Now, may I approach?

MR. LALLY: Showing you the document -- just ask you to look at it and then look up when you finish. Do you recognize that, sir?

MR. LALLY: What do you recognize that as?

MR. LALLY: And what's contained on that -- is that a fair and accurate portrayal of what you recall as far as the text messages, what was on your phone as far as what you took a screenshot of of the text messages between you and McCabe that night?

MR. LALLY: May I approach again?

MR. LALLY: I'm seeking to introduce this. Mr. Jackson?

MR. LALLY: May I approach? With the Court's permission, may I publish for the jury?

MR. LALLY: So what's up on the screen -- is that what you have before you, Exhibit --

MR. LALLY: And the contact that's listed at the top -- [unintelligible] -- is that correct?

MR. LALLY: That's how you had [unintelligible] programmed into your phone, correct?

MR. LALLY: And from this there's two sets of communications -- one contained in blue bubbles and one contained in non-blue bubbles, correct?

MR. LALLY: If you know, the blue bubbles -- is that you or is that Allie?

MR. LALLY: So the other side would be Allie McCabe, is that correct?

MR. LALLY: There's also timestamps that are associated with these text bubbles and with the text communications, okay?

MR. LALLY: And if I could direct your attention -- maybe easier if you're looking at the paper -- starting from the top, January 28, 2022, if you could read for the jury what the content is, what the time is, and indicate who is communicating.

MR. LALLY: Your Honor, may I approach to retrieve the exhibit?

MR. LALLY: Now sir, with respect to that last communication that you sent -- as far as "okay" -- how long after that message was sent did you then go out to the car where Allie was?

MR. LALLY: Your Honor, may I approach the witness again?

MR. LALLY: I'm showing you what's been marked as Exhibits 82 and 83. I just ask you to take a look at those and look up. Do you recognize those, sir?

MR. LALLY: And what do you recognize those as?

MR. LALLY: And do you recall when those photographs were taken?

MR. LALLY: And why is it that you recall that? Well, let me ask you this -- as far as February 11th was concerned, where were you?

MR. LALLY: And why were you at your uncle's house?

MR. LALLY: And just to be clear, when you say your uncle, you're talking about your Uncle Brian Albert again, correct?

MR. LALLY: Your cousin that was coming home from the Marines -- what's his name?

MR. LALLY: And so on that evening you were ...over that house, is that correct?

MR. LALLY: And the first picture in Exhibit — I believe it's 82 — is that correct? You and your aunt Nicole, correct?

MR. LALLY: And what's contained on there — is that a fair and accurate portrayal of what you look like, as far as your arms, your hands, your face, all of those things, on that date of February 11th?

MR. LALLY: And the second photograph is again you by yourself, is that correct?

MR. LALLY: And from that photograph, again, is that a fair and accurate portrayal of what you look like on February 11th?

MR. LALLY: And from the second photograph, if you know, where was that taken within the home?

MR. LALLY: And again, that library — or any of the other rooms within the house, beyond the kitchen, the dining room, or possibly the restroom — did you go into any other areas of the house on that night of January 28th into January 29th?

MR. LALLY: May I approach to retrieve?

MR. LALLY: Mr. Albert, just one last question. When it came to your arrival at 34 Fairview Road on the evening of — or the early morning of — January 29th, when you were leaving, beyond your uncle Brian and your aunt Nicole, did you see anybody else — anybody else older than yourself, or anybody else related to that group — come into the house?

MR. LALLY: Thank you. I have nothing.