Commonwealth v. Read — Trial ArchiveColin Albert - Redirect/Recross
326 linesJUDGE CANNONE: All right, Mr. Lally. Thank you, Mr. Albert.
MR. LALLY: When those videos were made, you were a sophomore in high school — is that right?
MR. ALBERT: Around that. Yeah.
MR. LALLY: How old were you when you were a sophomore in high school?
MR. ALBERT: 16.
MR. LALLY: 16 years old. And so that would have been at least a couple years before January 2022, correct?
MR. ALBERT: Yeah.
MR. LALLY: And as far as within those videos — well, as far as timing — those videos were around the same time, both sort of the same time period within your sophomore year, correct?
MR. ALBERT: Correct.
MR. LALLY: And relatively close to each other — is that correct?
MR. ALBERT: Correct.
MR. LALLY: And who or what is Advantage?
MR. ALBERT: It's a club hockey team.
MR. LALLY: And what, if any, relationship did you have with that club hockey team?
MR. ALBERT: None.
MR. LALLY: And as far as what videos were made and sent — were there any videos from that group that were made and sent to you?
MR. ALBERT: Text messages.
MR. LALLY: And with regard to those text messages — generally speaking, what did they say?
MR. ALBERT: Just name calling — me and my friends — calling us names and stuff like that.
MR. LALLY: So this was sort of a back-and-forth, is that correct?
MR. ALBERT: Correct.
MR. LALLY: And do you even play hockey?
MR. ALBERT: Nope.
MR. LALLY: And were these people around your age at that time?
MR. ALBERT: Yeah.
MR. LALLY: And were they kids from the same town or different?
MR. ALBERT: I — I don't even know where they're from.
MR. LALLY: Did you even — didn't really know these kids, or what their names were, or anything like that?
MR. ALBERT: Not at all.
MR. LALLY: And was there ever any sort of physical fight — or even a physical interaction — with these other kids?
MR. ALBERT: Never.
MR. LALLY: Did you ever even meet them face to face?
MR. ALBERT: Never.
MR. LALLY: And with regard to Mr. O'Keefe — your neighbor who lived at the top of the street when you lived at 7 Meadows — you ever threaten him?
MR. ALBERT: Never.
MR. LALLY: Did he ever threaten you?
MR. ALBERT: Never.
MR. LALLY: You ever have any sort of back-and-forth exchange similar to what was up on the screen?
MR. ALBERT: Never.
MR. LALLY: I have nothing further.
MR. JACKSON: Okay, very briefly. You indicated, Mr. Albert, that this was your sophomore year in high school, but you were asked that exact same question under oath — the time frame of these videos — in that other hearing, weren't you?
MR. ALBERT: I believe so. Yes.
MR. JACKSON: You indicated under oath in that hearing that it looked like it was your junior or senior year in school, correct?
MR. ALBERT: Um, maybe. I'm not — I'm not sure exactly what I said.
MR. JACKSON: Your senior year would have been what year, sir?
MR. ALBERT: 2022.
MR. JACKSON: 2021-22, correct?
MR. ALBERT: Yes.
MR. JACKSON: That's all I have at this time.
JUDGE CANNONE: All right, I will hear you if we can make the argument outside the presence of the witness. Yes? I'm sorry — I'm going to ask you to step out of— Albert exits
MR. JACKSON: Thank you. Sorry. Oh — okay. Yeah. Okay, yeah. You — you cannot hear in that background? No problem. I appreciate you giving us the opportunity, your Honor. It is very clear that these videos are highly, highly relevant, given the sanitized testimony that this witness has tried to present to this jury. He's indicated that he's never been in a fight, doesn't have any violent proclivities, doesn't have any violent tendencies — it's not in his countenance to do this.
JUDGE CANNONE: Mr. Lally opened this door. You only got that through the voir dire.
MR. JACKSON: Understood. Okay. So —
JUDGE CANNONE: So the violent tendencies only came in through the voir dire?
MR. JACKSON: Well, that's not true. When he — in front of the jury, he said "I've never been in a fight."
JUDGE CANNONE: Okay. But that specific question — you said "violent tendencies" — it was unobjected to, but that was what the defense —
PARENTHETICAL: [sidebar — partially audible]
MR. JACKSON: Understood. Understood. Mr. Lally clearly opened this door yesterday. He presented a photograph — or a series of photographs — with this witness's family, his arm draped over his aunt, he's with his mom, looking very — very family-oriented, et cetera. And Mr. Lally went further than that, and specifically said, "I want you to take a look at your face, your hands, and your extremities — do you see anything unusual or, you know, odd about that?" — that's why I believe the court allowed it, based on the testimony— — today allowed the photograph, in February of 2022, of the actual photo that cannot be manipulated — it's in the hands of a third party — of the busted and injured knuckles on this witness's right hand. He then said he's never been in a fight.
MR. JACKSON: Those two videos belie that testimony. There is no way to look at those two videos and say this is not relevant to the issue of whether or not he has been in a fight.
JUDGE CANNONE: But tell me how whether he's been in a fight is relevant to an issue in this case. That's what you have to do.
MR. JACKSON: The Massachusetts State Police — if they were doing their due diligence, they should have investigated this young man. They should have investigated every single person that was in that house, in or around the home where John O'Keefe was found — the Albert home. And they didn't. They did nothing to investigate whether or not there was someone in the house who tended to fight, who wanted to get in physical altercations, who had a propensity to get in physical altercations, who was a fighter by nature, who threatened to fight, who threatened violence. That's what this young man has indicated he does — constantly. Not — I'm surprised he didn't show up in this hearing with busted knuckles.
JUDGE CANNONE: So does this go to your third- party culprit defense?
MR. JACKSON: It goes to both — it certainly goes to both — but yes, it also goes to our third-party culprit defense as well. This is a focus of — and I believe this should be a focus of the jurors' attention — in terms of: is there a third party who could have done this, that evidence points to, that may have done this? Absolutely. This evidence, what we now have, points directly in that direction. So yes, both. It should have been investigated, and Colin Albert is somebody that the jurors should focus their attention on to determine whether or not he could have or was involved in the death of John O'Keefe.
JUDGE CANNONE: All right, Mr. Lally.
MR. LALLY: Yes, Your Honor. [unintelligible] did not open the door in reference to this — showing a photograph of someone and what they physically looked like. There was no suggestion. The only questions that were asked about fighting or anything of that nature were by counsel. Counsel thinks he opened his own door — I don't think that's exactly how that works. This is nothing more than rank speculation and bears no relevance whatsoever to this case. You're talking about something that is dated at least a year, if not two, prior to the incidents in this case.
JUDGE CANNONE: What if it's — as Mr. Jackson pointed out — the prior testimony, his senior year, which of course is much closer?
PARENTHETICAL: [video plays — evidence 86: "yo — your event, boys. i will beat all your asses, i promise you. [...]
MR. JACKSON: I promise you I don't — ... your asses, I promise you I don't — ... you up."] Did you recognize what was depicted in that video?
MR. LALLY: Well, I think even assuming that — as far as relevance is concerned — there is no evidence here of a fight at all. There is no evidence that this witness was even present at the house at the same time as the victim. There is no evidence of any animus between this witness and the victim. There is no evidence whatsoever, as I stated, that he was even present at the same place at the same time on the night that John O'Keefe was killed. There is no evidence from even these videos of any physical altercation having taken place. So whatever juvenile beef that he and his friends had with individuals from another town — there's no evidence whatsoever of physical altercation. There's no evidence of a physical altercation even in this case.
MR. LALLY: So to allow counsel to introduce this purely for prejudicial reasons, and to invite the jury to speculate as to what it is — it essentially does nothing but divert the jury's attention away from the facts of the case and what the evidence of the case is. And more so, there's just no evidence of anything in this case.
MR. JACKSON: Brief response — yes, in terms of evidence of a fight — I don't know what Mr. Lally is talking about. He says there's no evidence of a fight in this case. John O'Keefe looks like he had been beaten to death. He's got two black eyes, a laceration over his right eye, laceration over his nose, a giant wound on the back of his head. And he doesn't look like he was hit by a car — he looks like he was in a physical altercation. It's as plain as the nose on your face. And we have witnesses who are going to present that evidence. So Mr. Lally and the Commonwealth can take whatever position they want. If they think those injuries are consistent with being hit by a 6,000-pound truck, they can knock themselves out.
MR. JACKSON: That is not the state of the case, and they don't get to dictate the state of the facts — the facts speak for themselves. Second, with regard to whether or not Mr. Albert was home that night, or at the home that night, in a position to be able to engage in a physical altercation — which, by the way, takes about that long — that is predicated on his own family members covering for him. Every one of the witnesses who testified are basically friends and families of the Alberts. And keep in mind, Your Honor — I don't think it's lost on anybody that Colin Albert was hidden — specifically and intentionally hidden — from all of law enforcement for the first several months of this investigation. Nobody was willing to even say he was at the house.
MR. JACKSON: That is highly, highly suspicious given the gravity of what we have now. I would take issue with one thing Mr. Lally said: he said this diverts the jurors' attention. I would agree — it diverts their attention to somebody who possibly could be involved with this, who was not properly investigated. I'll submit.
JUDGE CANNONE: Okay. May I have those two flash drives, please? All right. Why don't we take a 15-minute recess. I'll look at these and we'll come back. I'll actually see counsel at the bench.
PARENTHETICAL: [recess]
COURT OFFICER: Okay. The witness can take the stand, please.
COURT CLERK: And sir, I remind you you're still under oath.
JUDGE CANNONE: All right. Mr. Jackson — the court reporter has two exhibits marked for identification. Are you moving to introduce those into evidence at this point?
MR. JACKSON: With the Court's permission, yes.
JUDGE CANNONE: Okay. So let's wait a minute.
MR. JACKSON: Thank you. Thank you, Mr. Albert. Before we took a break, you had mentioned that you've never been in a fight. Correct?
MR. ALBERT: Um —
MR. JACKSON: You stand by that testimony?
MR. ALBERT: Correct.
MR. JACKSON: I'd like you to take a look at a video. It's been marked — sorry — it's Evidence Number 86. I'm going to play this short video for you and then ask you a couple of questions.
MR. ALBERT: Yes.
MR. JACKSON: Who was that?
MR. ALBERT: Me.
MR. JACKSON: Approximately when was that video taken?
MR. ALBERT: Around my sophomore year in high school.
MR. JACKSON: Sophomore year or senior year in high school?
MR. ALBERT: Say around my sophomore year in high school.
MR. JACKSON: Why did you say your sophomore year? — Let me ask it a different way. Did you previously testify at a different hearing back in July of 2023?
MR. ALBERT: Yes.
MR. JACKSON: You were asked about this video, weren't you?
MR. ALBERT: Yes.
MR. JACKSON: You were asked about another video at the same time. Correct?
MR. ALBERT: Correct.
MR. JACKSON: And in that hearing, you said you believed that was taken closer to your junior year or senior year in high school. Correct?
MR. ALBERT: Correct.
MR. JACKSON: That was under oath. Correct?
MR. ALBERT: Correct.
MR. JACKSON: Same oath that you took here. Correct?
MR. ALBERT: Correct.
MR. JACKSON: Closer in time to the events in question. And at that time, you said your junior year or senior year in high school. Correct?
MR. ALBERT: Correct.
PARENTHETICAL: [video plays — evidence 87: "you [—]
JUDGE CANNONE: , you. Yeah."]
MR. JACKSON: It was your senior year in high school. What year would that have been?
MR. ALBERT: 2021-22.
MR. JACKSON: So 2021-2022, going into 2022. Correct?
MR. ALBERT: Yeah.
MR. JACKSON: The same year that John O'Keefe passed away. Correct? No audible response from witness What did you mean by "I'm going to — you up"?
MR. ALBERT: That I was going to beat them up.
MR. JACKSON: Actually, you didn't say "beat them up." You said "I'm gonna beat your ass," didn't you?
MR. ALBERT: Yes.
MR. JACKSON: That was a threat, wasn't it?
MR. ALBERT: Yes.
MR. JACKSON: It was a threat directed at some other individuals with whom you had some sort of a problem. Correct?
MR. ALBERT: Correct.
MR. JACKSON: And your resolution of that problem is "I'm going to — you up — I'm going to beat your ass." Right?
MR. ALBERT: Correct.
MR. JACKSON: But you've never been in a fight.
MR. ALBERT: Never.
MR. JACKSON: Your Honor, with the Court's permission, could we play Evidence Number 87?
JUDGE CANNONE: Yes.
MR. JACKSON: May I inquire?
JUDGE CANNONE: Yes.
MR. JACKSON: Mr. Albert, who was that in that video?
MR. ALBERT: Me.
MR. JACKSON: Is that taken around the same time?
MR. ALBERT: Yes.
MR. JACKSON: You indicated you're a —, right?
MR. ALBERT: Correct.
MR. JACKSON: Was that a threat?
MR. ALBERT: Yes — for — as an insult. Yeah, more of an insult. Calling someone out. Making them feel bad.
MR. JACKSON: Yeah, prompting them to maybe — [unintelligible] I'll ask that question differently. You also called him a —, didn't you?
MR. ALBERT: Correct.
MR. JACKSON: Derogatory comment. Correct?
MR. ALBERT: Correct.
MR. JACKSON: And then you said "KO, bang bang." Right?
MR. ALBERT: Correct.
MR. JACKSON: KO means knockout. And what does bang bang mean?
MR. ALBERT: I'm not sure, honestly.
MR. JACKSON: You were just talking about knocking somebody out,
MR. ALBERT: Correct. And the "bang bang" just sort of flows.
MR. JACKSON: Was that a threat?
MR. ALBERT: Yes.
MR. JACKSON: And these threats that we've just talked about, that we've just seen — these are threats of physical violence. Right?
MR. ALBERT: Correct.
MR. JACKSON: They're not threatening to hurt their feelings or send them a mean text. Right?
MR. ALBERT: No.
MR. JACKSON: You're threatening to kick their ass. Right?
MR. ALBERT: Correct.
MR. JACKSON: To get physical. Right?
MR. ALBERT: Yes.
MR. JACKSON: To ball up your fists and beat the — out of them. [unintelligible — apparent interjection] Can you answer that? Will you answer that, please?
MR. ALBERT: Yeah. Can you repeat the question? Aside — unintelligible: "probably shouldn't"
MR. JACKSON: You were threatening to ball up your fist and beat the heck out of —
MR. LALLY: Objection.
JUDGE CANNONE: Oh — is that what you were threatening to do?
MR. ALBERT: Yes.
MR. JACKSON: When you testified in a separate proceeding in July 2023, you actually showed up for questioning live, correct?
MR. ALBERT: yes
MR. JACKSON: And you showed up at that time in July of 2023 with your knuckles busted up again, didn't you?
MR. ALBERT: Correct
PARENTHETICAL: [sidebar]
JUDGE CANNONE: yes, Mr. Albert
MR. JACKSON: And you were asked about your knuckles at that time, correct?
MR. ALBERT: Correct
MR. JACKSON: And that time you said, oh no, I didn't fall down on black ice and slip and break my fall with my knuckles like you've said here — you said I hit a heavy bag and busted my knuckles up on a heavy bag, right?
MR. ALBERT: Correct yep
MR. JACKSON: That's how you choose to do your cardio sometimes, and you're right-handed?
MR. ALBERT: yes
MR. JACKSON: And it was your right hand that was busted up, correct?
MR. ALBERT: Correct
MR. JACKSON: So when you throw your hardest punch, that's with your right hand, isn't it?
MR. ALBERT: I'd say I'm not sure — I'd say they're equal
MR. JACKSON: You're equally strong with both hands?
MR. ALBERT: I'd say so
MR. JACKSON: So in your words, you could [expletive] somebody up with either hand, right?
MR. LALLY: Jackson, Your Honor
MR. JACKSON: You answer that
MR. ALBERT: No, I'm not saying that
MR. JACKSON: That's all I have
JUDGE CANNONE: Okay, Mr. Lally, thank you
MR. LALLY: Just before I begin, may we approach?
JUDGE CANNONE: Okay
MR. LALLY: Just to be clear, Allie McCabe is not your cousin, correct?
MR. ALBERT: Correct
MR. LALLY: She's a friend of yours who you have relatives in common? Is that correct?
MR. ALBERT: Correct
MR. LALLY: Now, when you and I and other individuals met prior to your testimony in this case, it was just one time? Is that correct?
MR. ALBERT: Correct
MR. LALLY: Do we talk about something called sequestration?
MR. ALBERT: Not that I remember
MR. LALLY: No. Do we talk about having conversations with other witnesses while the case was pending or going on?
MR. ALBERT: no
MR. LALLY: Now you testified when you were asked on cross-examination that you haven't had any conversations with any other witnesses, you haven't watched any coverage, you haven't done...
MR. ALBERT: Any — correct
MR. LALLY: Was that at my instruction?
MR. ALBERT: no
MR. LALLY: Is that something that you've done at any point in time as far as talking to any other witnesses, including your parents?
MR. ALBERT: no
MR. LALLY: Now you were asked some questions on cross-examination about your family's relationship, sort of, with the Proctor family, correct?
MR. ALBERT: Correct
MR. LALLY: And taking the Proctor family as it was put as sort of an entity, what I'm going to ask you about is purely about Trooper Michael Proctor — how many times have you seen him in your life?
MR. ALBERT: Maybe five, six times
MR. LALLY: And when about would those be, and what would the nature of those interactions...
MR. ALBERT: Other than when I got... interviewed — last time with Trooper Proctor and one of his partners. Other than that, I haven't really — I didn't see him for years. I want to say since I was a young kid.
MR. LALLY: And when you were a young kid, just so we're clear as far as young — how young is that?
MR. ALBERT: Maybe — I could have seen him at like a football game or something, but other than that, like, pretty young, like 12, 11, 13 years old
MR. LALLY: And whereabouts, or what was the context in which you would have seen him — was it you and him together, or was it a group setting, family — how would you have come into contact?
MR. ALBERT: We went — we've been over to the grandmother's house a couple times, but that's pretty much the only time I would see him
MR. LALLY: Now as far as the photograph that you were shown — as far as a wedding was concerned — you were a ring bearer in that wedding, correct?
MR. ALBERT: Correct
MR. LALLY: And that was over 10 years ago — you said yes. But how old would you have been in that particular photograph, or in that particular wedding?
MR. ALBERT: If I had to guess, eight or nine, maybe around there
MR. LALLY: Do you have any independent memory of that wedding or anything about that wedding?
MR. ALBERT: none
MR. LALLY: And as far as your family being close — again, sort of the Proctor family as an entity — is your family close with all of the Proctors, or is your family...
MR. ALBERT: Close with Courtney Proctor? Family close? Michael Proctor? Mostly just like my aunt and my mom's friendly with Courtney. I'd say not really close with Michael.
MR. LALLY: I have some questions about the text messages that were up on the screen yesterday and up on the screen today. As far as sort of the gap between January 28th and February — is that correct?
MR. ALBERT: Correct
MR. LALLY: Now you indicated that there were other means by which you would have communicated with your friend Allie McCabe, is that correct?
MR. ALBERT: Correct
MR. LALLY: Is that only Allie McCabe, or is that consistent with other friends that you would communicate with?
MR. ALBERT: All my friends
MR. LALLY: You would sort of switch between...
MR. ALBERT: Call, text, Snapchat, other apps, things like that
MR. LALLY: Exactly. And the top of that screen was the text messages regarding picking you up from 34 Fairview on January 28th or 29th, correct?
MR. ALBERT: Correct
MR. LALLY: You have any idea when the last time was — a text before that — was it days, weeks, months?
MR. ALBERT: Not sure
MR. LALLY: That period of — thank you. Yeah, that period of January 28th into February — how would you characterize that? Is that a normal gap between times that you would have text communications with Allie McCabe on iMessage?
MR. ALBERT: Yeah, I would say so, yeah
MR. LALLY: And from photographs that you were shown yesterday during your direct examination when I was asking you questions, those were photographs from February 11th of 2022, correct?
MR. ALBERT: Correct
MR. LALLY: And Miss McCabe was present at the house for your cousin Jack coming home from the Marine Corps as well, correct? You saw her on February 11th, correct?
MR. ALBERT: yes
MR. LALLY: Now, the other photographs that you were shown today at some sort of bar or establishment — were those taken before or after the time at your uncle's house when your cousin Jack came home from the Marines?
MR. ALBERT: after
MR. LALLY: And after — by days, weeks, if you know?
MR. ALBERT: weeks
MR. LALLY: Now with regard to questions you were asked about injuries to your hand, those are two separate incidents — one in February when you slipped on ice, is that correct?
MR. ALBERT: Correct
MR. LALLY: And one in July when you had struck a heavy bag, correct?
MR. ALBERT: Correct
MR. LALLY: When you struck a heavy bag and got injuries on your hands, were you wearing anything on your hand when you hit the heavy bag?
MR. ALBERT: Nothing, nope
MR. LALLY: Have you received any sort of training in boxing, taken classes, anything like that?
MR. ALBERT: never
MR. LALLY: Was that something you do as part of your workout?
MR. ALBERT: Correct
MR. LALLY: You're an athlete, correct?
MR. ALBERT: I'd like to say so, yeah
MR. LALLY: You played sports in high school, correct?
MR. ALBERT: yeah
MR. LALLY: At least at the beginning of college, you played sports in college, correct?
MR. ALBERT: Correct
MR. LALLY: Now you were asked about that February 26th photo at — was that Fenway Johnny's? Is that where it was?
MR. ALBERT: Correct
MR. LALLY: And you were asked about control over the photograph, correct? Say that again — you were asked different questions about your control over what you could do or alter with respect to the photograph, correct?
MR. ALBERT: Yes, correct
MR. LALLY: Ultimately though, you were in control about whether or not you were photographed, correct?
MR. ALBERT: yes
MR. LALLY: Nobody forced you to go up and pose with your friends or anything like that?
MR. ALBERT: nope
MR. LALLY: Now as far as those videos that you were just shown, how old were you?
MR. ALBERT: Around 16, I'd say
MR. LALLY: Around 16 years old. So you believe it was sometime in... your sophomore year of high school?
MR. ALBERT: Yes, that's what I believe
MR. LALLY: And so that would have been a couple years before your senior year of high school, which you were in in January 2022, correct?
MR. ALBERT: Correct
MR. LALLY: And this video — as far as you recall, who were you referencing in those videos?
MR. ALBERT: A club hockey team
MR. LALLY: So a club hockey team — were they about the same age as you?
MR. ALBERT: yes
MR. LALLY: And did you know any of those people?
MR. ALBERT: nope
MR. LALLY: And the club hockey team — was that within the same town as you?
MR. ALBERT: I'm not sure
MR. LALLY: Did you play hockey?
MR. ALBERT: Nope, at any point in time in high school — never
MR. LALLY: And was this just you sending them videos, or was this some sort... of argument, something going back and forth?
MR. ALBERT: It was an argument going back and forth
MR. LALLY: So what, if anything, did you or any of your friends receive from that club hockey team?
MR. ALBERT: We received texts like being name called, like calling names and words like that
MR. LALLY: So do you recall which came first, as far as the texts or the videos?
MR. ALBERT: I do not recall
MR. LALLY: But similar — the text messages that you received from this club hockey team, were they similar in nature to the videos? Is that correct?
MR. ALBERT: Correct
MR. LALLY: You recall what the argument was about with this other group of kids from this club hockey team?
MR. ALBERT: Yeah — it was the girls in our friend group. A couple of the girls in our friend group hung out with them a few times, so like all my guy friends got a little salty about it, so that's why we kind of sent videos back and forth
MR. LALLY: So you were teenage kids arguing about girls, is that correct?
MR. ALBERT: Exactly
MR. LALLY: And at any point in time, did your friend group and this club hockey team ever meet up at all?
MR. ALBERT: never
MR. LALLY: Any sort of physical altercation or anything like that?
MR. ALBERT: nope
MR. LALLY: You indicated that you've never really been in a fight except for with your brothers, correct?
MR. ALBERT: Correct
MR. LALLY: And when you would get in a fight with your brothers, how old were you?
MR. ALBERT: Much younger, I'd say — yeah, younger, younger, like as young as...
MR. LALLY: Now, with regard to John O'Keefe, your neighbor who lived a couple doors down — you ever threaten John O'Keefe?
MR. ALBERT: Never.
MR. LALLY: John O'Keefe ever threaten you?
MR. ALBERT: Never.
MR. LALLY: You ever get in an argument about girls?
MR. ALBERT: Nope.
MR. LALLY: Any animus or any conflict that you can recall ever between yourself and Mr. O'Keefe?
MR. ALBERT: Never.
MR. LALLY: Now, you were asked some questions on cross-examination regarding whether or not you've been thinking about this case for the last two and a half years. You recall that?
MR. ALBERT: Yes.
MR. LALLY: And you indicated that you would not, correct?
MR. ALBERT: Correct.
MR. LALLY: Sorry. And you indicated in your testimony, in response to that questioning, essentially not until people were writing things about you on the internet, correct?
MR. ALBERT: Correct.
MR. LALLY: Expound upon that — can you explain to the jury sort of when that occurred and what were the things that were being written about you?
MR. ALBERT: I'd say about a year, a little over a year. It started when people on Twitter, Instagram, social media were just coming at my family, calling us murderers, harassing us, showing up to our doorsteps, our sports games. I mean, we couldn't leave the house without people taking pictures of us, and it's very terrible.
MR. LALLY: And how long has that gone on?
MR. ALBERT: The past year and change — a couple months past a year, I'd say.
MR. LALLY: To be clear, that night that you were at 34 Fairview Road at your uncle's house, January 28th and 29th, at any point in time, did you see John O'Keefe at that house, come into that house, around that house, at any point in time?
MR. ALBERT: Never. Nothing.
JUDGE CANNONE: Okay. All right, Mr. Albert, you're all set. I think that piece of paper goes back to Mr. Jackson — did you leave something with the witness? Thank you. All right, Mr. Lally, your next witness.
MR. LALLY: Yes. Call Mr. Matthew McCabe to the stand.