Colin Albert — Direct

MR. LALLY: Thank you, Your Honor.

MR. LALLY: Good afternoon, sir.

MR. LALLY: Could you please state your name and spell your last name for the jury?

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 in Canton with?

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 age of you and your two brothers, where do you fall in them?

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 in there?

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

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

MR. LALLY: Do you recall whether it was a weekday, 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 then?

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, where did you -- 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 where did you -- upon leaving your house, where did you go?

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

MR. LALLY: And where does Mike live in relation to you?

MR. LALLY: Sure. Does Mike live in Canton, as well?

MR. LALLY: Okay. And about how far is it from your house to Mike's house?

MR. LALLY: And, when you got to Mike's house, was it just you and Mike or who, if anyone, else was 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: And do you recall who you got a ride from?

MR. LALLY: Do you recall -- let me ask you this: As far as that particular night that you went out, did you drink any alcoholic beverages while you were out?

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: Okay. 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 Mike's house and having some beers over there, is that why you didn't drive?

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

MR. LALLY: 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? Sort of how is he related to you?

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?

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

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

MR. LALLY: And do you know the address as far as your uncle's house?

MR. LALLY: And is that somewhere -- it's your family's house. Is that somewhere you'd been before?

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

MR. LALLY: Now, Alli McCabe, as far as -- who is that to you or what, if any, kind of relationship do you have with Alli McCabe?

MR. LALLY: And you and Ms. McCabe, are you in the same grade?

MR. LALLY: And how long have you know each other?

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 which school did you go to at that time?

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

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

MR. LALLY: And so was it like a hard, fast, like, 12:00 o'clock? If you're not here, you're grounded? Or was it sort of around that time?

MR. LALLY: And so after -- when you arrive there, you go into the house; is that right?

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

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

MR. LALLY: And, when you come into the house, where did you go within the house? What room did you go into?

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

MR. LALLY: And, within the kitchen area of the house, who, if anyone else, 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 sort of in the kitchen/dining room area?

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

MR. LALLY: And you come in. You greet people; is that correct?

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

MR. LALLY: Okay. Fair to say they were older than you were, correct?

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

MR. LALLY: And the same with reference to I believe you said Ms. Fabbiano and Ms. 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 do you recall what, if anything, you drank once you got there?

MR. LALLY: So the same as you were having before?

MR. LALLY: And do you know how many that you had while you were at 34 Fairview?

MR. LALLY: And during 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 like 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, you know, fall-down drunk or anything like that?

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

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: Beyond maybe the restroom at some point?

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 facilitate that?

MR. LALLY: Let me ask it in a much easier, better way.

MR. LALLY: 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 the house?

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

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 Ms. 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, you know, call that number from your cell phone that you had programmed in as Alli McCabe?

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

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

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

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

MR. LALLY: Let me ask it in a better way. So you would have text communications with the person you put in as a contact as Alli McCabe, correct?

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

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

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

MR. LALLY: All right. Now, with reference -- on that specific date of January 28th, had you -- was text communications the only means by which you communicated with Alli McCabe, if you know?

MR. LALLY: And were there other means by which you would typically --

MR. LALLY: Okay. And were there other means by which you would typically communicate with her?

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 sort of group Snapchat chains? Who was included within those?

MR. LALLY: And you have cousins basically on 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: So who of your cousins would be included on those kind of group Snapchat chains?

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 or 29th?

MR. LALLY: Okay. Now, with respect -- so you reach out to Ms. 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 is 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 Ms. McCabe come inside the home?

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

MR. LALLY: And do you recall what you responded?

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, do 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 that 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 Ms. McCabe outside?

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

MR. LALLY: Now, do you recall what type of vehicle Ms. McCabe was driving on that particular night or had at that time?

MR. LALLY: And was that a sedan? Was that an SUV? What type of vehicle was that?

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

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

MR. LALLY: Front seat passenger side? Does that sound right?

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

MR. LALLY: And do 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 the coming outside of the house, did you take note of anything as far as the weather or what was going on with that 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 sort of backs out of the driveway and leaves, do 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, Alli 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 as McCabe?

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 Alli'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 point?

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

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

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

MR. LALLY: So you have to get sort of into the building before you can get into your own unit?

MR. LALLY: And did you notice whether or not Ms. McCabe was still there as you were -- excuse me. Did you notice whether or not Ms. McCabe was still out there parked when you opened the door with the key?

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

MR. LALLY: And 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 home when you got home?

MR. LALLY: And how do you know that?

MR. LALLY: Is there any sort of rule or sort of, for lack of a better term, like protocol as far as when you come home? Where do you go sort of first thing when you walk in the door?

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, was both your mother and your father in their room?

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

MR. LALLY: So 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 was 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: Okay. And where was it that you lived?

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

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

MR. LALLY: Okay. And so prior to that couple months, you had lived your whole life at 7 Meadows Ave., 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 the 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 house?

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

MR. LALLY: And how did you know him? If you could sort of describe sort of your relationship with your neighbor, Mr. O'Keefe?

MR. LALLY: 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: And where were they in relation to you as far as ages were concerned?

MR. LALLY: So you were in high school. They would have been some grade far below?

MR. LALLY: 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 a couple of months subsequent to that, was there ever any animosity or any sort of arguments or anything that you had ever 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 on the evening of January 28th, into January 29th of 2022, did you see Mr. O'Keefe anywhere?

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

MR. LALLY: And how did you know her?

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

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

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

MR. LALLY: If I may have one moment, Your Honor?

MR. LALLY: Now, as far as that sort of reaching out to Ms. 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: And that was as opposed to someone 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 in regard to that evening of January 28th or 29th?

MR. LALLY: Sure. 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 28-29th, did you meet with any troopers from the state police?

MR. LALLY: 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?

MR. LALLY: Sure. At some point, did you provide them with a screenshot of a text communication between yourself and Ms. McCabe?

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

MR. LALLY: Your Honor, may I approach?

MR. LALLY: I'm showing you a document. I'd just ask you to look up -- look at it and then look up when you're finished.

MR. LALLY: And do you recognize that, sir?

MR. LALLY: And what do you recognize that to be?

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 or what was on your phone as far as what you took a screenshot of, of the text messages between you and Alli McCabe that night?

MR. LALLY: May I approach again, Your Honor?

MR. LALLY: The Commonwealth would seek to introduce and admit it as the next exhibit.

MR. LALLY: Your Honor, may I approach just to return it to the witness?

MR. LALLY: And, Your Honor, with the Court's permission, may I publish this before the jury?

MR. LALLY: And, sir, what's up on the screen, is that what you have before you as Exhibit 84?

MR. LALLY: And the contact that's listed at the top states "Alli"; is that correct?

MR. LALLY: And is that how you had Ms. McCabe programmed into your phone?

MR. LALLY: And, from this, there are two sets of communications: one contained in blue bubbles and one contained nonblue bubbles, correct?

MR. LALLY: If you know, the blue bubbles, is that you or is that Ms. McCabe or who is it?

MR. LALLY: So the other side would be Ms. McCabe; is that correct?

MR. LALLY: And there is also times that are stamped or associated with these text bubbles or the text communications with Ms. McCabe?

MR. LALLY: And if I could direct your attention. It may be easier if you are looking at the paper in front of you. But just sort of starting from the top, January 28th, 2022, if you could read for the jury who -- what the content is, what the time is and indicate who is communicating.

MR. LALLY: Ms. Gilman, you can take that down. Your Honor, may I approach just 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 Alli was?

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

MR. LALLY: Sir, I'm showing you what's been marked as Exhibits 82 and 83. Again, I'd just ask you to take a look at those and look up when you're finished.

MR. LALLY: And do you recognize those, sir?

MR. LALLY: And what do you recognize those to be?

MR. LALLY: What is in those photographs?

MR. LALLY: And do you recall sort of 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 that evening?

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

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

MR. LALLY: And your cousin that was coming home from the Marines, what's his name?

MR. LALLY: So on that evening you were over that house; is that correct?

MR. LALLY: And the first picture in I believe it's 82, is that correct, you and your Aunt Nicole?

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