Ricky D'Antuono — Direct/Cross/Redirect
563 linesWhereupon, RICKY D'ANTUONO having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: When you're ready, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good morning, sir.
MR. D'ANTUONO: Good morning.
MR. LALLY: Could you please state your name and spell your last name for the record?
MR. D'ANTUONO: Richard D'Antuono.
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. Thirty years.
MR. LALLY: And do you work, sir?
MR. D'ANTUONO: I do.
MR. LALLY: What do you do for work?
MR. D'ANTUONO: I do flooring.
MR. LALLY: And how long have you been doing that?
MR. D'ANTUONO: I'd say two years.
MR. LALLY: Now, 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: Yes.
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: And, at some point in time on that day, did you go out for the evening, leave your house and 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 did you have at that time?
MR. D'ANTUONO: A pickup truck.
MR. LALLY: And, specifically, what kind of pickup truck?
MR. D'ANTUONO: A 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.
MR. LALLY: Were you familiar with it on that night?
MR. D'ANTUONO: Yeah.
MR. LALLY: And where did you park your truck in relation to C.F. McCarthy's?
MR. D'ANTUONO: I wouldn't know that for sure.
MR. LALLY: Is there a Walgreens lot somewhere around there?
MR. D'ANTUONO: Yeah. Right across the street, normally where we would.
MR. LALLY: So normally when you went there, that's sort of where you would have parked in relation to the bar?
MR. D'ANTUONO: Usually, yeah.
MR. LALLY: So C.F. McCarthy's is located on Washington Street; is that right?
MR. D'ANTUONO: Yes.
MR. LALLY: So it would have been the downtown section?
MR. D'ANTUONO: Yes.
MR. LALLY: And, when you say "where we would have parked," who, if anyone, 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, you're 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: 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: Okay. So you come into C.F. McCarthy's. And 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 Ms. 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 or anything like that?
MR. D'ANTUONO: No.
MR. LALLY: And 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 Ms. Maxon had to drink that evening?
MR. D'ANTUONO: Usually just a few beers is all we would drink, nothing else but that.
MR. LALLY: And did you have any drinks that evening?
MR. D'ANTUONO: I had a few. Yeah.
MR. LALLY: Okay. 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: Now, 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 from there?
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 Ms. Maxon?
MR. D'ANTUONO: Yeah. I drove us three.
MR. LALLY: Okay. 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: And, just to be clear, 10 minutes; is that right?
MR. D'ANTUONO: Yeah. Ten minutes. Yes.
MR. LALLY: Is that also within Canton, too?
MR. D'ANTUONO: Yes.
MR. LALLY: Is that somewhere that you had been before or somewhere that you were familiar with?
MR. D'ANTUONO: Yeah.
MR. LALLY: Similar to C.F. McCarthy's, when you arrived there as far as 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: Yes.
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 Ms. Maxon, what, if any, observations did you have to 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, a 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: And so you leave the Hillside and you get into your pickup; is that right?
MR. D'ANTUONO: Yes.
MR. LALLY: And Mr. Nagel and Ms. Maxon are with you?
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's 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 from?
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: And you're familiar with that as growing up in the town of Canton?
MR. D'ANTUONO: Yes.
MR. LALLY: So if you could describe to the jury sort of the route that she 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 Dedham Street and then a left onto Cedarcrest and I believe a left onto Fairview.
MR. LALLY: And those last couple of turns that you took as far as the lefts, was that something that you knew ahead of time or was someone within the truck directing how to go?
MR. D'ANTUONO: I knew up until Cedarcrest.
MR. LALLY: And then who was directing you from there?
MR. D'ANTUONO: I believe Ryan would be.
MR. LALLY: Now, when you arrive at taking that turn from Cedarcrest onto Fairview, what, if any, other vehicles did you observe in the area at that time?
MR. D'ANTUONO: While driving?
MR. LALLY: Yes. While driving, as you were about to make the turn.
MR. D'ANTUONO: No vehicles that I can recall.
MR. LALLY: After making that turn onto Fairview, what, if any, vehicles did you observe at that time?
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?
MR. D'ANTUONO: I would assume so, yeah.
MR. LALLY: Do you assume that you turn on your left directional before pulling from Cedarcrest onto Fairview?
MR. D'ANTUONO: Yeah.
MR. LALLY: And, when you -- as far as the house that you were going to, when you make that turn from Cedarcrest onto Fairview, how far into the street was the house that you were going to?
MR. D'ANTUONO: Like 20 seconds, maybe.
MR. LALLY: So what I'm asking is, basically, was it the first house as you come in or did you drive the whole street in order to get to the house? How close to Cedarcrest was the house?
MR. D'ANTUONO: I think it's a couple of houses on the right.
MR. LALLY: So a couple of houses on the right-hand side?
MR. D'ANTUONO: Yeah.
MR. LALLY: Okay. So the right-hand side from your perspective would be the passenger side or the driver's side or what?
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, 20 yards in front of me.
MR. LALLY: And so from the 10, 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.
MR. LALLY: So left and right, did you observe anything sort of in the middle of the vehicle?
MR. D'ANTUONO: No.
MR. LALLY: Okay. 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 sort of 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 and 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 sister's friend's house, what do you recall about sort of 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 streets, that was starting to stick in behind that vehicle?
MR. D'ANTUONO: 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 remember. Okay. Now, when Julie came out of the house, she obviously walked on foot 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 -- obviously, there is 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: Okay. 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?
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 conversed 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: Okay. 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: No.
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 in relation to sort of the interior? Is that in the driver's side, passenger side, center or something else?
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 for?
MR. D'ANTUONO: I would say maybe two minutes.
MR. LALLY: And, if you recall, just in general terms, what was sort of 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 Ms. Nagel, Julie, had made for getting home that night?
MR. D'ANTUONO: I wasn't aware of her arrangement of getting home. No.
MR. LALLY: Okay. So she leaves and she goes back to the house; is that right?
MR. D'ANTUONO: Correct.
MR. LALLY: And, 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, no.
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: And 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 sort of 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 sort of stagnant, in the same place, or did it move or what, if anything, did you observe as far as that vehicle in front of you?
MR. D'ANTUONO: It might be guessing at the time, but I would believe it stayed where it was.
MR. LALLY: So do you recall anything -- so you don't recall anything specific about that vehicle moving?
MR. D'ANTUONO: I do not.
MR. LALLY: And, as far as the vehicle, itself, did you observe anything about sort of the occupants of the vehicle or anything like that?
MR. D'ANTUONO: I did not.
MR. LALLY: Now, as you are pulling away from the vehicle, where was your attention sort of focused as you were pulling away?
MR. D'ANTUONO: I believe my side-view mirror and then on the road.
MR. LALLY: So you're looking in your side-view mirror to see if there is 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 a car, correct?
MR. D'ANTUONO: Correct.
MR. LALLY: At any point in time that you were outside of that residence at any point, did you observe anybody get up out of that vehicle or exit that vehicle or go toward the house from that vehicle or come from the house toward that vehicle?
MR. D'ANTUONO: I don't believe so.
MR. LALLY: Just one moment, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Actually, before, let me just ask you a couple of questions.
MR. LALLY: Your Honor, with the Court's permission if I could publish just a couple of photographs for this witness and for the jury?
JUDGE CANNONE: You may.
MR. LALLY: Ms. Gilman, if I could have Exhibit No. 71.
BY MR. LALLY:
MR. LALLY: Now, sir, I'm going to ask you a couple of questions about the photograph that's up on the screen. But, first, what I want to draw your attention to is on the desk in front of you is a laser pointer. Right there. Yes. If you would just press that button and point it in the direction, it will shine green.
MR. D'ANTUONO: Okay.
MR. LALLY: So with respect to the photograph, Exhibit 71, that's up on the screen, do you recognize what's depicted in that photograph?
MR. D'ANTUONO: 34 Fairview.
MR. LALLY: And is that the house of Julie's friend that you went to potentially go pick her up and eventually she went back inside?
MR. D'ANTUONO: Correct.
MR. LALLY: And, within this particular photograph, do you see the area where you had parked your truck during this time that you were talking about in your testimony?
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 that is?
MR. D'ANTUONO: Right in front of the driveway. Right there
(indicating).
MR. LALLY: Now, also within this photograph, do you see the general area where you observed that SUV in front of you while you were out in front of the house?
MR. D'ANTUONO: I would say -- if I had to guess, I would say maybe half of the vehicle.
MR. LALLY: So probably a little bit further towards the left of this photograph, correct?
MR. D'ANTUONO: Correct.
MR. LALLY: Ms. Gilman, if I could have Exhibit No. 72?
BY MR. LALLY:
MR. LALLY: Again, 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?
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 as you were parked out in front of the house?
MR. D'ANTUONO: I believe so, yes.
MR. LALLY: And, again, if you could, sir, using the laser pointer you have before you, direct the jury's attention to where about that is?
MR. D'ANTUONO: Like right around that, I'd say (indicating).
MR. LALLY: Thank you, sir.
MR. LALLY: Ms. Gilman, you can take that down. Thank you very much. Just one moment, Your Honor?
JUDGE CANNONE: Okay.
MR. LALLY: Thank you, sir. Nothing further for this witness, Your Honor.
JUDGE CANNONE: All right. Cross-examination?
MR. YANNETTI: Thank you, Your Honor.
CROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: 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 had 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.
MR. YANNETTI: Approximate?
MR. D'ANTUONO: 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 of 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 of 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?
MR. D'ANTUONO: On that day?
MR. YANNETTI: Right.
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 step or the district attorney's office interviewed you anytime 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?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained. You can word this differently, Mr. Yannetti.
BY MR. YANNETTI:
MR. YANNETTI: The first time you gave a statement to anyone, it was not Mr. Lally or the step 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 time?
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 15th of 2024, right?
MR. D'ANTUONO: Yes.
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?
MR. YANNETTI: Yes.
MR. D'ANTUONO: Correct.
MR. YANNETTI: Right. And you'd agree with me that, you know, 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.
MR. LALLY: Objection.
JUDGE CANNONE: Let's move on from there.
MR. YANNETTI: Sure.
BY MR. YANNETTI:
MR. YANNETTI: And you were first asked about your memory about -- well, it was clearly over a year after January 29th. I suppose 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, that you --
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Mr. Yannetti, why don't I see you at sidebar.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: What is the objection?
MR. LALLY: I mean, I think Mr. Yannetti has danced around it. But, at this point, I don't know -- I think the point has been made. So asking anymore questions about this particular topic I think is going to end up eliciting a response similar to Mr. Nagel's response. We are just going to get into an area that's prohibited.
JUDGE CANNONE: Can you say "proceeding"? I'm just concerned that --
MR. YANNETTI: I know.
JUDGE CANNONE: Just so the record is clear, I do not say for a second that Mr. Jackson intended to have that result.
MR. LALLY: No. I did not mean that otherwise.
JUDGE CANNONE: I know you didn't. I just wanted to --
MR. YANNETTI: No. I appreciate that, Your Honor. So I think we are past -- I'm not talking about the Feds not because now I'm asking about the state police. I just -- an interim proceeding, it actually was not testimony. It was an interview.
JUDGE CANNONE: Right.
MR. YANNETTI: So I'm trying to --
MR. LALLY: It actually was testimony. He testified in the Federal Grand Jury.
JUDGE CANNONE: I didn't think you were going after this testimony. I thought you --
MR. YANNETTI: That's right.
JUDGE CANNONE: So I didn't understand what you're doing. I thought you were talking about a report.
MR. YANNETTI: It was. It was a report. All I'm after right now is that he talked to the state police in September. So I'm not asking him about anything to do with any other agency, just playing off of the first time they talked to him was in September. So I don't think there is a danger of -- or anything else at this point. I'm leading him and I'm going to say it was the state police in September. I think he will agree with that.
JUDGE CANNONE: Okay. I'd just ask you for caution. I didn't understand where you were going. I thought it was a report, but I knew he testified at the Federal Grand Jury.
MR. YANNETTI: Right.
JUDGE CANNONE: And if you're asking a report and he's talking about Federal Grand Jury --
MR. YANNETTI: Of course.
(Whereupon, the sidebar conference concluded.)
BY MR. YANNETTI:
MR. YANNETTI: 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?
MR. D'ANTUONO: Around that time.
MR. YANNETTI: Right. And that would have been five months after the first time you were approached, and it would have been about 21 months after January 29th of 2022?
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.
MR. YANNETTI: 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, that 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?
MR. D'ANTUONO: 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 that.
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 the 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. YANNETTI: Correct.
MR. YANNETTI: In any case, your memory, 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 or --
MR. D'ANTUONO: I do.
MR. YANNETTI: Okay. 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 Chapman Street side, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: The same with the black SUV?
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.
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.
MR. YANNETTI: Those photographs appear to have been taken after the snowstorm at some point?
MR. D'ANTUONO: I would assume, yes.
MR. YANNETTI: Because there is a decent amount of snow on the ground there, 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.
MR. YANNETTI: A dusting?
MR. D'ANTUONO: On the lawn. Yeah.
MR. YANNETTI: So it was starting to accumulate but there weren't inches and inches of snow, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And your best memory is that the SUV was about 20 yards in front of you?
MR. D'ANTUONO: Give or take, 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?
MR. D'ANTUONO: Maybe.
MR. YANNETTI: 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 snowplow on the front parked in between you?
MR. D'ANTUONO: I did not.
MR. YANNETTI: In fact, you didn't see a Jeep with a snowplow parked anywhere on the property that you recall, correct?
MR. D'ANTUONO: To the beset of my knowledge, no.
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, do you recall if -- and I know these questions are somewhat unfair because we are talking about two and a half years later. But, when you first pulled up, do you recall whether the red taillights 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 light or just normal taillight.
MR. YANNETTI: Gotcha. Okay. So you're surmising that some lights had to be on because your memory is that car was running?
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 intention was or 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?
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 taillights -- I'm sorry -- your headlights off, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: So your headlights being on, they would have been focused really right on the rear of that black SUV that was in front of you, correct?
MR. D'ANTUONO: I would assume so, yes.
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 taillight to 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 taillight is 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, you know, sort of perpendicular to the driveway -- and that's an accurate way to portray it?
MR. D'ANTUONO: Correct.
MR. YANNETTI: 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: Because the snow had started to 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?
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: Okay. 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 back and forth.
MR. YANNETTI: Okay. All right. It took a few minutes for her to decide, well, I'm just going to go back inside the house?
MR. D'ANTUONO: If that. A minute or two.
MR. YANNETTI: Okay. And from the moment that you parked the vehicle outside that residence, your initial intention, it's fair to say, would have been on the front of the residence to see when Julie was going to come out, 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: Okay. 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.
BY MR. YANNETTI:
MR. YANNETTI: And, you know, you had mentioned earlier that when I asked you about the damage to the rear of the vehicle that, you know, 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, to the conversation between, you know, 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, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And you were not paying attention to whether anybody got out of the vehicle at that time, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And then, ultimately, you were going home; the night was over, correct?
MR. D'ANTUONO: Correct.
MR. YANNETTI: And, in order to go home, your plan was to keep going up Fairview Road toward Chapman Street, correct?
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, correct?
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 an interior light on within the cab of that SUV?
MR. D'ANTUONO: I do not.
MR. YANNETTI: All right. 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 concentrating 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, correct?
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 it did you see anybody in the front passenger seat of the SUV, correct?
MR. D'ANTUONO: 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: All right. 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, no.
MR. YANNETTI: And you never saw anybody lying outside that SUV; is that fair to say?
MR. D'ANTUONO: Yes.
MR. YANNETTI: If I may have a moment?
JUDGE CANNONE: Yes.
MR. YANNETTI: No further questions. Thank you, sir.
JUDGE CANNONE: Anything Mr. Lally?
MR. LALLY: Just briefly.
REDIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: 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, that black SUV in front of you, correct?
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, correct?
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 see?
MR. YANNETTI: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: Nothing further, Your Honor.
JUDGE CANNONE: You are all set, Mr. D'Antuono. Thank you.
MR. D'ANTUONO: Thank you.
(Whereupon, the witness is excused.)
JUDGE CANNONE: Your next witness, Mr. Lally?
MR. LALLY: Yes. The Commonwealth would call Ms. Allison McCabe.