Ricky D'Antuono - Direct/Cross/Redirect
490 linesJUDGE CANNONE: All right, so you are all set, Miss Maxon. Okay, thank you. Your next witness, Mr. Lally?
MR. LALLY: Uh, yes. I'd like to call Ricky D'Antuono.
COURT CLERK: [unintelligible] — do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. D'ANTUONO: I do.
JUDGE CANNONE: Whenever you're ready, Mr. —
MR. LALLY: Good morning, sir.
MR. D'ANTUONO: Morning.
MR. LALLY: Could you please state your name and spell your last name?
MR. D'ANTUONO: Richard D'Antuono. D, apostrophe, A, N, T, U, O, N, O.
MR. LALLY: And Mr. D'Antuono, where do you live?
MR. D'ANTUONO: In Canton.
MR. LALLY: And how long have you lived there?
MR. D'ANTUONO: My whole life — 30 years.
MR. LALLY: And do you work, sir?
MR. D'ANTUONO: I do.
MR. LALLY: What do you do?
MR. D'ANTUONO: I do flooring.
MR. LALLY: How long have you been doing that?
MR. D'ANTUONO: I'd say two years now.
MR. LALLY: Sir, if I could turn your attention to the evening of January 28th, into the early morning of January 29th, 2022 — do you recall those days?
MR. D'ANTUONO: Yeah.
MR. LALLY: And do you recall what days of the week those were?
MR. D'ANTUONO: The weekend.
MR. LALLY: And do you recall whether or not you worked that day?
MR. D'ANTUONO: I don't.
MR. LALLY: At some point in time on that day, did you go out for the evening — leave your house or go somewhere?
MR. D'ANTUONO: Yes.
MR. LALLY: And did you drive from your house to wherever you went?
MR. D'ANTUONO: Yes.
MR. LALLY: And what kind of car do you have?
MR. D'ANTUONO: A pickup truck.
MR. LALLY: And specifically, what kind of pickup truck?
MR. D'ANTUONO: Ford F-150.
MR. LALLY: And what color was that?
MR. D'ANTUONO: Dark gray.
MR. LALLY: And the interior of your pickup truck — as far as front seat, back seat — can you describe for the jury what that looked like?
MR. D'ANTUONO: There's two front seats and a bench seat in the back. It has the suicide doors.
MR. LALLY: And when you left your house in your F-150, where did you initially go?
MR. D'ANTUONO: I went to a place in Canton called C.F. McCarthy's.
MR. LALLY: And did you pick up anyone on the way there?
MR. D'ANTUONO: I did not. I met people there.
MR. LALLY: And C.F. McCarthy's — that's a place that you've been to before, is that correct?
MR. D'ANTUONO: Correct. Familiar with it.
MR. LALLY: On that night, where did you park your truck in relation to C.F. McCarthy's?
MR. D'ANTUONO: I wouldn't know that for sure. Is there a Walgreens somewhere around there?
MR. LALLY: Yeah, right across — normally where you would park?
MR. D'ANTUONO: Normally when you went there, that's sort of where you would have parked. Yeah.
MR. LALLY: So C.F. McCarthy's is located on Washington Street, is that right?
MR. D'ANTUONO: Yes.
MR. LALLY: Sort of in the downtown section?
MR. D'ANTUONO: Yep.
MR. LALLY: And who were you meeting at C.F. McCarthy's on that night?
MR. D'ANTUONO: I was meeting Ryan and Heather.
MR. LALLY: And just to be clear — talking about Ryan Nagel and Heather Maxon?
MR. D'ANTUONO: Correct.
MR. LALLY: And how did you know Ryan Nagel?
MR. D'ANTUONO: I grew up with Ryan, so I've known him for a long time.
MR. LALLY: And how would you sort of describe the two of your relationship?
MR. D'ANTUONO: Best friends.
MR. LALLY: And Heather Maxon — how did you know her?
MR. D'ANTUONO: Through Ryan. They were dating.
MR. LALLY: And do you know about how long they had been dating coming into sort of that time frame or that evening?
MR. D'ANTUONO: I don't — not an exact time.
MR. LALLY: And so you come into C.F. McCarthy's — do you recall sort of where within the establishment you went?
MR. D'ANTUONO: Probably sat at the bar, I would assume.
MR. LALLY: And when you went there that evening, do you recall — did you meet anybody else there, or was it just you, Mr. Nagel, and Miss Maxon?
MR. D'ANTUONO: I can really only recall us three. I mean, there might have been people there, but we didn't meet up with them — they might have just been there already.
MR. LALLY: So no one specifically you had plans to meet with while you were there?
MR. D'ANTUONO: No.
MR. LALLY: Do you know about what time it was that you got to C.F. McCarthy's?
MR. D'ANTUONO: Not a definite time, but maybe mid-afternoon.
MR. LALLY: And as far as you went out to a bar — do you recall sort of what either you, Ryan, or Miss Maxon had to drink that evening?
MR. D'ANTUONO: Usually just a few beers is all we would drink. Nothing else.
MR. LALLY: And did you have any drinks?
MR. D'ANTUONO: I had a few, yep.
MR. LALLY: And what was it typically that you drank?
MR. D'ANTUONO: A beer.
MR. LALLY: Any particular kind of beer?
MR. D'ANTUONO: I would assume Bud Lights, I guess.
MR. LALLY: Do you know about how long it was that you were at C.F. McCarthy's?
MR. D'ANTUONO: Not an exact time again, but a couple hours.
MR. LALLY: And after that couple hours or so, where did you go?
MR. D'ANTUONO: We went to another place in Canton called Hillside.
MR. LALLY: And just to be clear — when you say "we," you mean yourself, Mr. Nagel, and Miss Maxon?
MR. D'ANTUONO: Yeah, I drove us three.
MR. LALLY: So you drove all three of you in your F-150 pickup?
MR. D'ANTUONO: Yes.
MR. LALLY: And about how long a ride is that from C.F. McCarthy's to the Hillside?
MR. D'ANTUONO: I'd say 10 —
MR. LALLY: 10 minutes, is that right?
MR. D'ANTUONO: Yeah, 10 minutes, yes.
MR. LALLY: Is that also within Canton?
MR. D'ANTUONO: Yep.
MR. LALLY: Is that somewhere that you had been before, somewhere you were familiar with?
MR. D'ANTUONO: Yeah.
MR. LALLY: And similar to C.F. McCarthy's — when you arrived there, was there anybody else that you were meeting there, or why did you go to the Hillside?
MR. D'ANTUONO: We met up with our one friend John.
MR. LALLY: So adding sort of just another person to the group and going to a different location, is that correct?
MR. D'ANTUONO: Yeah.
MR. LALLY: Now, as far as over the course of the evening, either at C.F. McCarthy's or the Hillside — as far as yourself, Mr. Nagel, and Miss Maxon — what, if any, observations did you make as far as level of intoxication? Was anybody overly intoxicated?
MR. D'ANTUONO: No.
MR. LALLY: And if you know, about how long a time period were you at the Hillside?
MR. D'ANTUONO: I would say a few hours again.
MR. LALLY: Anything either from C.F. McCarthy's or the Hillside from that evening that sort of jumps out at you in any particular way?
MR. D'ANTUONO: No.
MR. LALLY: So relatively regular sort of weekend night out with you and your friends?
MR. D'ANTUONO: Correct.
MR. LALLY: When you left the Hillside, do you know about what time that was?
MR. D'ANTUONO: Again, not a definite time — maybe around midnight.
MR. LALLY: And when you left the Hillside, where was it that you were going?
MR. D'ANTUONO: To pick up Ryan's sister Julie.
MR. LALLY: And if you know, how did that sort of come about — as far as when did you become aware that that was a destination that you would be going to?
MR. D'ANTUONO: I would say towards the end of the night. I was told that we would be giving her a ride on our way home.
MR. LALLY: So you leave the Hillside, you get into your pickup, is that right?
MR. D'ANTUONO: Yep.
MR. LALLY: And Mr. Nagel and Miss Maxon are with you, correct?
MR. D'ANTUONO: Correct.
MR. LALLY: And where were they seated within the pickup when you were driving?
MR. D'ANTUONO: Ryan was in my passenger seat and Heather was in the back.
MR. LALLY: And do you recall sort of how she was positioned in the back — as far as on the passenger side, the middle, or the driver side?
MR. D'ANTUONO: Not specifically. I vaguely remember her maybe laying down.
MR. LALLY: And when you're going from the Hillside to pick up Julie Nagel — you knew Julie Nagel at the time, is that right?
MR. D'ANTUONO: Correct.
MR. LALLY: Did you know the location where you were going to pick her up?
MR. D'ANTUONO: Not the exact location, but the area.
MR. LALLY: And by area, sort of what was described to you as where to drive?
MR. D'ANTUONO: I believe towards the Kennedy School.
MR. LALLY: And the Kennedy School — is that an elementary school?
MR. D'ANTUONO: Yeah.
MR. LALLY: You're familiar with that, up in the town of Canton?
MR. D'ANTUONO: Yep.
MR. LALLY: And so if you could describe to the jury sort of the route that you would have taken going from the Hillside to the Kennedy School or in that general area?
MR. D'ANTUONO: Yeah, I would have taken 138, which I believe is Turnpike Street — a right onto Washington Street, and then a right onto Dam Street, and then a left onto Cedar Crest, and I believe a left onto Fairview.
MR. LALLY: And those last couple of turns that you took — as far as the left — was that something that you knew ahead of time, or was someone in the truck directing you?
MR. D'ANTUONO: I knew up until Cedar Crest, and then —
MR. LALLY: Who was directing you from there?
MR. D'ANTUONO: I believe Ryan.
MR. LALLY: Now, when you arrive — taking that turn from Cedar Crest onto Fairview — what, if any, other vehicles did you observe in the area at that time while driving? As you were about to make the turn?
MR. D'ANTUONO: No vehicles that I could recall.
MR. LALLY: After making that turn onto Fairview, what, if any, vehicles did you observe?
MR. D'ANTUONO: There was a vehicle parked in front of me, in front of the house.
MR. LALLY: Now, as far as making that turn — you were using your directional as you're driving along, taking lefts and rights, I would assume?
MR. D'ANTUONO: Yeah.
MR. LALLY: And do you assume that you turned on your left directional before pulling from Cedar Crest onto Fairview?
MR. D'ANTUONO: Yeah.
MR. LALLY: And as far as the house that you were going to — when you make that turn from Cedar Crest onto Fairview, how far into the street was the house that you were going to?
MR. D'ANTUONO: Like 20 seconds, maybe. I don't —
MR. LALLY: What I'm asking is basically — was it the first house as you come in, or did you drive the whole way in to get to the house? How close to Cedar Crest was the house?
MR. D'ANTUONO: I think it's a couple houses on the right.
MR. LALLY: So there are a couple houses on the right-hand side?
MR. D'ANTUONO: Yeah.
MR. LALLY: Okay. So the right-hand side from your perspective — would that be the passenger side or the driver side?
MR. D'ANTUONO: The passenger side.
MR. LALLY: And when you get in the area of the house, you park at some point?
MR. D'ANTUONO: Yes.
MR. LALLY: And where was it in relation to the house that you parked the truck?
MR. D'ANTUONO: Right in front of the driveway.
MR. LALLY: Now, you mentioned that there was another vehicle that was parked in front of the house as well, is that correct?
MR. D'ANTUONO: Correct.
MR. LALLY: Where was that vehicle in relation to where you parked?
MR. D'ANTUONO: I would say maybe 10 to 20 yards in front of me.
MR. LALLY: And so from 10 to 20 yards or so in front of you, you could observe that vehicle?
MR. D'ANTUONO: I could.
MR. LALLY: And from your vantage point where you were seated in your truck behind the vehicle — what, if any, damage or anything did you observe to the vehicle at that time?
MR. D'ANTUONO: None.
MR. LALLY: And as far as you could tell, was the vehicle running or off, or something else?
MR. D'ANTUONO: I believe running.
MR. LALLY: And what about your observations of the vehicle leads you to believe that it was running?
MR. D'ANTUONO: There were either taillights or brake lights — I'm not sure which ones.
MR. LALLY: I'm sorry, if you could just repeat that?
MR. D'ANTUONO: It was either taillights or brake lights, but I'm not sure which ones they were.
MR. LALLY: And that was on the back of the vehicle, is that right?
MR. D'ANTUONO: Correct.
MR. LALLY: And how many sort of brake lights did you observe on the vehicle?
MR. D'ANTUONO: I would assume two — the left and right.
MR. LALLY: Did you observe anything sort of in the middle of the vehicle? And during the time that you were behind this vehicle, at any point in time did you observe anybody get out of the vehicle?
MR. D'ANTUONO: I did not.
MR. LALLY: And from where you were situated behind the vehicle at this initial sort of point when you pull up about 20 or so — yards behind it, could you see any lights on inside of the vehicle?
MR. D'ANTUONO: I could not.
MR. LALLY: Now when you arrive at the house and park in the area of the driveway, at some point does Ryan reach out to his sister Julie?
MR. D'ANTUONO: I believe so.
MR. LALLY: And at some point does Julie come out of the house?
MR. D'ANTUONO: Yes.
MR. LALLY: And if you know, about how long a period of time are we talking about from the time that you pull up and park to the time that Julie comes out of the house?
MR. D'ANTUONO: Very quickly.
MR. LALLY: And when she comes out of the house, where is it that she comes to?
MR. D'ANTUONO: To my passenger window.
MR. LALLY: Now as far as — at this time that you had left the Hillside and you're driving over to your friend's sister's friend's house — what do you recall about the weather, and what was it doing at that point?
MR. D'ANTUONO: I believe it just started to snow.
MR. LALLY: And as far as the snow was concerned, what if any observations did you make as far as accumulation was concerned?
MR. D'ANTUONO: I believe it was starting to stick.
MR. LALLY: Now as far as that vehicle that was in front of you, what if anything did you observe within the snow on the street that was starting to stick behind that?
MR. D'ANTUONO: I didn't — I didn't observe it.
MR. LALLY: Did you see any tire marks or anything like that leading up to the back of the vehicle?
MR. D'ANTUONO: Not that I can remember.
MR. LALLY: Not that you can. Now when Julie came out of the house, she obviously walked from the house to the truck, correct?
MR. D'ANTUONO: Correct.
MR. LALLY: And as far as from her path either to the truck or back from the truck to the house, did you observe any sort of footprints or anything like that she left in the snow while she was walking?
MR. D'ANTUONO: No.
MR. LALLY: Now when she comes to the truck — do you recall how it was — you obviously, there's some conversation, correct?
MR. D'ANTUONO: Correct.
MR. LALLY: And prior to her coming up to the truck, was there music on, radio on, anything like that?
MR. D'ANTUONO: Maybe while driving there, but I don't believe while we talked.
MR. LALLY: So that would have been something somebody would have turned down in order to have a conversation with Julie when she comes up to the truck, correct?
MR. D'ANTUONO: Correct.
MR. LALLY: And when she comes up to the side of the truck, do you remember how it was that you or anyone in the vehicle conversed with her? Was it through the door, through a window?
MR. D'ANTUONO: Through the open passenger window.
MR. LALLY: Do you recall whether or not the passenger side door of the truck was opened at any time by Ryan or anybody else?
MR. D'ANTUONO: Nope.
MR. LALLY: You don't recall, or it wasn't?
MR. D'ANTUONO: I don't believe it was.
MR. LALLY: Now in your truck, when you open the passenger side door, what if anything occurs with regard to the lighting inside the truck?
MR. D'ANTUONO: I believe the interior light would pop on.
MR. LALLY: And where would that interior light be within relation to the interior? Is that on the driver side, passenger side, center, or something?
MR. D'ANTUONO: I think center — center roof.
MR. LALLY: Now the conversation with Julie — about how long did that take place, or how long did that go on?
MR. D'ANTUONO: I would say maybe two minutes.
MR. LALLY: And if you recall, just in general terms, what was the discussion about?
MR. D'ANTUONO: That she no longer was going to take the ride, and asked if we wanted to come in.
MR. LALLY: And did yourself or anybody else from your group express any interest in going in this house?
MR. D'ANTUONO: No.
MR. LALLY: And as far as you were aware, were there other arrangements that Miss Nagel — Julie — had made for getting home that night?
MR. D'ANTUONO: I wasn't aware of her arrangement of getting home.
MR. LALLY: Now, so she leaves and she goes back to the house, is that right?
MR. D'ANTUONO: Correct.
MR. LALLY: When in relation to when you left, had she already gone back inside the house? Did you see her go in the house?
MR. D'ANTUONO: I did not watch her go back inside.
MR. LALLY: And when you are leaving from this house on Fairview — again, your passenger side is what's most directly facing the house, is that right?
MR. D'ANTUONO: Correct.
MR. LALLY: The vehicle that was in front of you — that's facing in the same direction, is that correct?
MR. D'ANTUONO: Correct.
MR. LALLY: So the passenger side of that vehicle would also be facing towards the house, correct?
MR. D'ANTUONO: Correct.
MR. LALLY: And when you pulled away from the curb, do you recall whether or not you had to back up in order to pull around it or not?
MR. D'ANTUONO: I did not have to back up.
MR. LALLY: Now while you were — so you just sort of pull away from the curb, is that correct?
MR. D'ANTUONO: Correct.
MR. LALLY: So when you're behind this vehicle, did the vehicle stay stagnant in the same place, or did it move, or what if anything did you observe as far as that vehicle?
MR. D'ANTUONO: It might be guessing at the time, but I would believe it stayed where it was.
MR. LALLY: So you don't recall anything specific about that vehicle's movement?
MR. D'ANTUONO: I do not.
MR. LALLY: And as far as the vehicle itself, did you observe anything about the occupant of the vehicle or anything like that?
MR. D'ANTUONO: I did not.
MR. LALLY: Now as you're pulling away from the vehicle, where was your attention focused as you were pulling away?
MR. D'ANTUONO: I believe my side view mirror and then on the road.
MR. LALLY: You're looking in your side view mirror to see if there's any other vehicles coming up on your left, correct?
MR. D'ANTUONO: Correct.
MR. LALLY: And then you're looking through the windshield because you're driving, correct?
MR. D'ANTUONO: Correct.
MR. LALLY: And at any point in time that you were outside of that residence, at any point, did you observe anybody get out of that vehicle or exit that vehicle or go toward the house from that vehicle or come from the house?
PARENTHETICAL: [pause]
MR. LALLY: Okay, actually — before, let me just ask you a couple questions. Would the court give permission if I could publish just a couple of photographs for this witness?
MR. D'ANTUONO: I don't believe so.
MR. LALLY: Just one moment.
JUDGE CANNONE: Okay.
MR. LALLY: Miss Gilman, if I could have exhibit number 71. I'm going to ask you a couple questions about the photograph that's up on the screen, but first what I want to draw your attention to: on the desk in front of you is a laser pointer. If you just press that button and point it in a direction, it'll shine. Okay. So with respect to photograph exhibit 71 — it's up on the screen — do you recognize what's depicted in that photograph?
MR. D'ANTUONO: 34 Fairview Road.
MR. LALLY: Is that the house of Julie's friend that you went to — to potentially pick her up — and eventually she went back to?
MR. D'ANTUONO: Correct.
MR. LALLY: And within this particular photograph, do you see the area where you had parked your truck during the time we've been talking about?
MR. D'ANTUONO: I do.
MR. LALLY: And if you could, using that laser pointer, just direct the jury's attention to where in the photograph.
MR. D'ANTUONO: Right in front of the driveway, right there.
MR. LALLY: Now also within this photograph, do you see a general area where you observed that SUV while you were out?
MR. D'ANTUONO: I would say — if I had to guess — I would say maybe half of the vehicle, so it's probably a little bit further towards the left of this.
MR. LALLY: Correct. If I could have exhibit number 7 — Do you recognize what's up on the screen?
MR. D'ANTUONO: I do.
MR. LALLY: And this is the same house that we were talking about in the last exhibit, correct?
MR. D'ANTUONO: Correct.
MR. LALLY: So from this photograph, do you see the area where you observed the SUV in relation to your truck, that evening that you parked out front?
PARENTHETICAL: [pause]
MR. LALLY: Okay. Thank you, sir. Nothing further for this witness.
MR. D'ANTUONO: I believe so, yeah.
MR. LALLY: And again, if you could use the laser pointer we have for you, direct the jury's attention to where about.
MR. D'ANTUONO: That — like right around that, I'd say.
MR. LALLY: Thanks. You can take that down. Thank you very much. Just one moment.
COURT CLERK: Examination.
MR. YANNETTI: Thank you. Good afternoon, sir.
MR. D'ANTUONO: Good afternoon.
MR. YANNETTI: So you were driving the vehicle that arrived at 34 Fairview to pick up Ryan Nagel's sister Julie, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And you had met Julie prior to that date, obviously, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: You'd been over to the Nagel home several times since the two of you had met, years and years ago, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: This was your best friend's sister, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: Do you recall about what time it was that you got there?
MR. D'ANTUONO: Not the exact time. Approximately — I would say around midnight.
MR. YANNETTI: And you now know, as you testify here today, that you were outside the residence in back of a black SUV that was driven by Karen Read, correct?
MR. D'ANTUONO: I do not know that based off my knowledge.
MR. YANNETTI: Not your personal knowledge, but you now know — it's pretty much common knowledge, correct?
MR. D'ANTUONO: I guess so.
MR. YANNETTI: And in fact that black SUV was parked directly in front of yours, in front of the front lawn of 34 Fairview Road, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And while you were there, you never observed that black SUV strike anyone, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: You never heard any arguing outside of the residence at 34 Fairview, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And possessing that information as you did on January 29th, were you interviewed by any State Police investigator regarding this case on January 29th, on that day?
MR. D'ANTUONO: No.
MR. YANNETTI: What about the next day, or the rest of January, or any day in February of 2022? Did the state police come to interview you about the information that you had as the driver of that vehicle?
MR. D'ANTUONO: No.
MR. YANNETTI: In fact, isn't it true that no investigator from the state police or the District Attorney's Office interviewed you any time during the entire year of 2022?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And that the first time you spoke to any official, it was not from the District Attorney's Office, and not from the defense in this case, correct?
JUDGE CANNONE: Sustained. You can word this differently, Mr. Jackson.
MR. YANNETTI: Okay. The first time you gave a statement to anyone, it was not Mr. Lally or the state police, and it was not the defense in this case, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And that was on May 16th of 2023 —
MR. D'ANTUONO: Which — which time would that be?
MR. YANNETTI: The first time you gave a statement, sir. May 16th of 2023 — does that sound correct?
MR. D'ANTUONO: Around that time, it would be.
MR. YANNETTI: Okay. And you know today is May 15, 2024, right?
MR. D'ANTUONO: Yeah.
MR. YANNETTI: So just about a year ago was the first time that you gave any statement about your memory of what occurred on January 29th of 2022, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And you would agree with me that your memory of what occurred on January 29th was the freshest when you got up that day — later that morning, correct?
MR. D'ANTUONO: The next morning after the 29th? Yes, correct.
MR. YANNETTI: Right. And you'd agree with me that your memory would have remained fresh for a period of time, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And you would agree with me that over time your memory becomes less fresh, right?
MR. D'ANTUONO: I would agree.
MR. YANNETTI: And it's not just you, it's everybody, correct?
MR. D'ANTUONO: Correct.
PARENTHETICAL: [sidebar in progress — crosstalk]
MR. YANNETTI: So I was just going to ask you — the first time that you were approached by the state police regarding this case was September 2nd of 2023, correct?
JUDGE CANNONE: Jackson—
MR. YANNETTI: Yeah, let's move on from this. Sure. And you were first asked about your memory about — well, this was clearly over a year after January 29th. I suppose February, March, April — February, March, April, May — maybe about 16 months after the events that you were asked to describe, right?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And then it was only after you talked to someone else — again, not the prosecution or the defense—
JUDGE CANNONE: Jackson—
MR. YANNETTI: Your honor, why don't we do a sidebar, just so we don't keep getting interrupted?
MR. D'ANTUONO: Around that time. Correct. Yeah.
MR. YANNETTI: Right. And that would have been 5 months after the first time you were approached, and it would have been about 21 months after January 29th of 2022, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: All right. Now, you drove your own Ford F-150 to 34 Fairview, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And the plan was, again, to pick up Brian's sister Julie, correct?
MR. D'ANTUONO: Correct. And the entire time you were in the car — from when you left to go to 34 Fairview until you're now leaving 34 Fairview to go home — the driving arrangement was the same. In other words, you in the driver's seat, Ryan in the front passenger seat, and Heather in the back, correct? Correct.
MR. YANNETTI: Do you recall whether Heather was behind the passenger — Ryan — when she was sitting in the back?
MR. D'ANTUONO: I do not recall.
MR. YANNETTI: So you don't recall where she was in that back cab?
MR. D'ANTUONO: No.
MR. YANNETTI: You do recall that when — well, strike that. As you're approaching the residence, you don't have a memory of coming face to face with a black SUV or any other vehicle, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: You're not saying it didn't happen, you just don't recall that, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And in any case, your best memory is that when you got there, the black SUV — and by the way, I don't want to put words in your mouth — do you recall it as a black SUV?
MR. D'ANTUONO: I do.
MR. YANNETTI: When you got there, your best memory is that the black SUV was already parked outside the residence, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And it was facing in the same direction that you were facing as you approached the residence?
MR. D'ANTUONO: Yes.
MR. YANNETTI: Which means — and you're from Canton, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: You came from the Cedarcrest side and you were facing toward the Chap Street side, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: Same with the black SUV, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And it appeared to be parked properly next to the property, correct?
MR. D'ANTUONO: Mine?
MR. YANNETTI: No, the black SUV.
MR. D'ANTUONO: Yeah, yeah.
MR. YANNETTI: It wasn't parked at some crazy angle, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: It didn't appear to have struck anything on the side of the road when it was parked, right?
MR. D'ANTUONO: Correct.
MR. YANNETTI: There was nothing unusual about the way it was parked?
MR. D'ANTUONO: No.
MR. YANNETTI: And when it was parked out there and you approached the residence, is it fair to say that there was far less snow on the ground than what we saw in Exhibits 71 and 72 that were shown to you by Mr. Lally on direct examination?
MR. D'ANTUONO: Correct. Those photographs appeared to have been taken after the snowstorm.
MR. YANNETTI: At some point?
MR. D'ANTUONO: I would assume. Yeah, because there's a decent amount of snow on the ground there.
MR. YANNETTI: Correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: But as you're pulling up to the house, it had only started snowing around that time?
MR. D'ANTUONO: I would say there was a dusting on the lawn, so it was starting to accumulate, but there weren't inches and inches of snow.
MR. YANNETTI: Correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And your best memory is that the SUV was about 20 yards in front of you, give or take?
MR. D'ANTUONO: Yeah.
MR. YANNETTI: In terms of — just to get your estimation of what 20 yards is — would it have been farther than where you are now to where the court officer is standing behind the jury box, or is that a good approximation?
MR. D'ANTUONO: To the best of my knowledge, I would say maybe a little further.
MR. YANNETTI: A little further? Maybe. And there was nothing obstructing your view as you sat in the driver's seat of your Ford F-150 of the back of that black SUV, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: You did not see, for instance, a Jeep with a snow plow on the front parked in between you?
MR. D'ANTUONO: I did not.
MR. YANNETTI: And in fact you didn't see a Jeep with a snow plow parked anywhere on the property that you recall, correct?
MR. D'ANTUONO: To the best of my knowledge.
MR. YANNETTI: And you didn't see any other vehicles parked along the property line other than yourself and the black SUV, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: When you first pulled up — and I know these questions are somewhat unfair because we're talking about two and a half years later — when you first pulled up, do you recall whether the red tail lights of the black SUV were lit up?
MR. D'ANTUONO: I would say, to signal that the car was on, yes. I don't know if they were brake lights or just normal tail lights.
MR. YANNETTI: Got you. Okay. And so you're surmising that some lights had to be on because your memory is that the car was running, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And with regard to the lighting in that area, did you have your headlights on when you were out there?
MR. D'ANTUONO: I believe so. I don't think I would have shut them off.
MR. YANNETTI: Right, you would have been driving with your headlights on as you were going down Cedarcrest and taking a left onto Fairview, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And your car was still running when you pulled up to the house and parked, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And you would have left it running because your expectation was that Julie Nagel was going to get in your car, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: That was the whole reason you were there, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And your expectation was that there didn't need to be a tremendously long discussion when Julie came out of the house, right? You expected her to just jump in the vehicle, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: So that's why you say that there would have been no reason to turn your — I'm sorry — your headlights off, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: All right. So your headlights being on, they would have been focused right on the rear of that black SUV that was in front of you, correct?
MR. D'ANTUONO: I would assume so, yeah.
MR. YANNETTI: Because there was nothing to block your view of the black SUV, right?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And you did not notice any broken tail light on that SUV, correct?
MR. D'ANTUONO: To the best of my knowledge. But I didn't analyze it.
MR. YANNETTI: Sure. It didn't stand out to you — to say or to make a mental note, "Hey, that tail light's broken" — correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And you didn't see any damage at all to the vehicle that you noticed, correct?
MR. D'ANTUONO: To the best of my knowledge.
MR. YANNETTI: And with regard to when Julie came out of the house — when you pulled up and parked, sort of perpendicular to the driveway — and that's an accurate way to portray it, correct? You believe that it took Julie how long to come out of the house?
MR. D'ANTUONO: I would guess under a minute.
MR. YANNETTI: Under a minute. And then after that under-a-minute span of time, she then had to walk from the front door of the house — one of the front doors of the house — to your vehicle, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And by the way, did you notice that there were two front doors to the house at that time?
MR. D'ANTUONO: At the time? No.
MR. YANNETTI: Do you recall if she came out the door that was more in the middle of the house, or more over toward the driveway? Do you have a memory of that?
MR. D'ANTUONO: I don't. I would be guessing if I did.
MR. YANNETTI: And because the snow had started to — I'm sorry — stick a little bit, she wasn't running to the vehicle, correct?
MR. D'ANTUONO: I would assume not.
MR. YANNETTI: All right. So it took her some time to get out of the house and get to the vehicle, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And then there was a conversation about whether she was going to come with you or not, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: That occurred through one of the passenger windows being open, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And who was involved in that conversation?
MR. D'ANTUONO: I can't remember exactly, but I would assume maybe me and Ryan.
MR. YANNETTI: And there was a back and forth about whether she was going to come or you were going to stay and go inside, correct?
MR. D'ANTUONO: A back and forth? It was more just, "Did you guys want to come in?" "No, not really." A back and forth — it took a few minutes for her to decide, "Well, I'm just going to go back inside the house." If that — a minute or two.
MR. YANNETTI: Okay. And from the moment that you parked your vehicle outside that residence, your initial attention — it's fair to say — would have been on the front of the residence to see when Julie was going to come up, correct?
MR. D'ANTUONO: I don't believe I was looking.
MR. YANNETTI: Okay. Where were you looking when you were waiting for her? Did you have a phone?
MR. D'ANTUONO: I don't remember exactly, but I had my phone. I could have looked at it.
MR. YANNETTI: You could have been — like, as many people do when you're waiting for somebody — you just take out your phone and start scrolling on something.
MR. LALLY: Objection.
JUDGE CANNONE: Do you know if you were doing that, sir?
MR. D'ANTUONO: I can't recall, but I wouldn't rule it out.
MR. YANNETTI: And you had mentioned earlier that when I asked you about the damage to the rear of the vehicle, your attention wasn't just focused on studying that vehicle, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And it's fair to say that from the moment that you pulled up, to Julie coming out of the house, to Julie walking to the car, for the conversation between you and Ryan and Julie — you were not monitoring what was going on inside or outside that black SUV, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And during that span of time — again, while you showed up there waiting for Julie, she comes out eventually, she walks to the car, you talk to her — you were not — paying attention to who, if anybody, was inside the black SUV at that time?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And you were not paying attention to whether anybody got out of the vehicle during that time?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And then ultimately you were going home, the night was over?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And in order to go home your plan was to keep going up Fairview Road toward Chapman Street?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And in order to do that, that would have meant that you passed the black SUV that had been in front of you?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And at that time, as you're passing the black SUV, do you recall whether or not there was any interior light on within the cab of that SUV?
MR. D'ANTUONO: I do not.
MR. YANNETTI: All right. Um, were you curious at all who was inside that SUV, given that it pulled up to the same house that you pulled up to?
MR. D'ANTUONO: Not at all.
MR. YANNETTI: You were concentrated more on the road?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And as far as you were concerned, your night was over — time to go home?
MR. D'ANTUONO: Correct.
MR. YANNETTI: All right. But it's fair to say that at no point in time, from the first time you saw that SUV until you're leaving, did you see anybody in the front passenger seat of the SUV?
MR. D'ANTUONO: Correct, I didn't look inside the SUV.
MR. YANNETTI: Right. So you didn't see anybody in the front passenger seat?
MR. D'ANTUONO: No, I didn't look.
MR. YANNETTI: You also didn't notice at any point anybody standing outside that SUV?
MR. D'ANTUONO: Not to my knowledge.
MR. YANNETTI: And you never saw anybody sitting in the snow, or in the street, or on the lawn outside the SUV?
MR. D'ANTUONO: Not to my knowledge.
MR. YANNETTI: And you never saw anybody lying outside that SUV, is that fair to say?
MR. D'ANTUONO: Yes.
MR. YANNETTI: No further questions. Thank you, sir.
JUDGE CANNONE: Anything, Mr. Lally?
MR. LALLY: Just briefly. Um, sir, so from the time that you were in front of the house until you left, you never saw anyone go in or out of that house, or in and out of that vehicle — the black SUV in front of you?
MR. D'ANTUONO: Correct.
MR. LALLY: Okay. And while you were not monitoring the activity around the SUV, you never saw anyone around the SUV?
MR. D'ANTUONO: Correct.
MR. LALLY: And fair to say that if a six-foot man had walked from the SUV to the house, is that something that you think you would have seen?
MR. D'ANTUONO: answer inaudible
MR. LALLY: Nothing further.
JUDGE CANNONE: You may step down.