Day 13 - May 16, 2024

Defense counsel questioned Colin Albert about a meeting with Mr. Lally before trial, his relationship with Michael Proctor, and a single July 2023 interview by Proctor. Albert said the interview lasted about 10 minutes at the district attorney's office, that investigators did not inspect or take his phone, and that he provided a screenshot rather than the underlying texts. He said he and Alli communicated on other apps during the apparent gap in the displayed text string and denied changing platforms or deleting messages to prevent their discovery. The court declined at that time to admit a wedding photograph marked DD for identification, but allowed further questioning about the relationship and left open renewal. A February 26, 2022 photograph was admitted as Exhibit 85; Albert identified cuts to his right knuckles and said they resulted from a fall on an icy driveway.

The parties disputed whether the defense could use two short videos in questioning of the witness. The Commonwealth argued the videos were irrelevant character evidence rather than impeachment material; the defense argued they contradicted the witness's statement that he had never been in a fight. The judge did not rule immediately, instead ordering the jury excused so the videos could be played, the witness questioned in voir dire, and the parties heard before further review.

With the jury out, the court marked and played two videos for identification and heard Colin Albert's voir dire examination. Albert acknowledged threatening people he called the Advantage kids in the videos, but said the videos stemmed from a back-and-forth involving a club hockey team, not John O'Keefe. He denied ever threatening O'Keefe or having a similar exchange with him. Defense counsel also questioned Albert about the videos' timing and his earlier account of it; Albert said he was not sure exactly what he had previously said.

Defense counsel argued that two videos involving Colin Albert were relevant to his testimony that he had never been in a fight and to the defense's claims that investigators failed to investigate possible third-party involvement. The Commonwealth argued the videos were irrelevant, speculative, and prejudicial because it said there was no evidence connecting Albert to John O'Keefe's death. The judge took the two flash drives for review, recessed, and later called counsel to sidebar without announcing a ruling in this proceeding.

After reviewing the materials, the court allowed them into evidence and noted the Commonwealth's objection.

After the court asked whether the defense was moving to introduce the previously marked materials, the Advantage video thumb drive, previously "GG," was entered as Exhibit 86. The KO, Bang Bang video thumb drive, previously "HH," was entered as Exhibit 87.

Defense counsel played videos entered as Exhibits 86 and 87 and questioned Colin Albert about statements shown in them. Albert identified himself in both videos and agreed that comments in them were threats of physical violence, while maintaining that he had never been in a fight. He also agreed that he had previously placed the videos closer to his junior or senior year but testified here that they were from around his sophomore year. The defense further questioned him about a prior explanation that he injured his knuckles on a heavy bag, which Albert described as cardio and, in a form, fighting.

The Commonwealth argued that defense questions about when the witness began discussing the case opened the door to follow-up about internet comments and harassment. The defense objected, characterizing its questioning as limited to credibility and police contacts. The court concluded that the door had been opened and gave the Commonwealth limited leeway to ask about the subject.

Colin Albert said he had not spoken with other witnesses and that no prosecutor instructed him not to do so. He described limited contact with Trooper Michael Proctor, said communications with Alli McCabe occurred through several apps, and distinguished hand injuries from an icy fall and striking a heavy bag. Albert said the videos shown on cross-examination came from a teenage exchange with the Advantage Club Hockey Team, denied ever threatening or having a conflict with John O'Keefe, described harassment directed at his family, and again said he did not see O'Keefe at 34 Fairview Road.

Matthew McCabe described an evening at the Waterfall followed by a visit to 34 Fairview, including calls in which he said directions were given to John O'Keefe. He testified that he saw a dark SUV outside the house at several positions farther up Fairview Road, while also saying he did not see anyone outside or inside the vehicle and did not see either vehicle move. He identified photographs of 34 Fairview and said he awoke the next morning to screams in his bedroom.

The court agreed to end questioning of Matthew McCabe for the day and resume the next day. The jury was excused after receiving the court's standard cautions not to discuss or research the case.

The court discussed the anticipated witness order for the next day, with Matt McCabe expected to continue before Jennifer McCabe, Kerry Roberts, Laura Sullivan, and Marietta Sullivan. The judge instructed counsel to cut down repetitive questioning about the setup and who was present, and the parties concluded scheduling discussions for the next day.