Commonwealth v. Read — Trial ArchiveColin Albert — Redirect/Recross/Continued Cross
359 lines(Whereupon, the witness exits the courtroom.)
MR. JACKSON: Thank you, Your Honor.
JUDGE CANNONE: He's not gone yet.
MR. JACKSON: Oh, I'm sorry.
JUDGE CANNONE: Okay. Yes. They cannot hear in that back room.
MR. JACKSON: No problem. I appreciate you giving us the opportunity. Your Honor, it's very clear that these videos are highly, highly relevant given the sanitized testimony that this witness has tried to present to this jury. He has indicated that he's never been in a fight. He doesn't have any violent proclivities. He doesn't have any violent tendencies. It's not in his countenance to do this. Mr. Lally opened this door.
JUDGE CANNONE: But you only got that through the voir dire. Okay?
MR. JACKSON: Understood.
JUDGE CANNONE: So the violent tendencies only came in through the voir dire.
MR. JACKSON: Well, that's not true. 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 voir dire.
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 family oriented, et cetera. And Mr. Lally went further than that and specifically said, I want you to take a look at your face and your hands and your extremities. Do you see anything unusual or odd about that. That's why I believe the Court allowed, 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, I've never been in a fight. 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: Because the police should have, the Massachusetts State Police should have, 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 there was someone in the house who tended to fight, who wanted to get in physical altercations, who had a propensity to get into 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. 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 evidence?
MR. JACKSON: It goes to both. It certainly goes to Bowden, but, yes, it also goes to our third-party culprit defense, as well. This is a focus of -- I believe this should be a focus of the jury's attention in terms of is there a third party who could have done this, the evidence points to that may have done this. Absolutely. This evidence, what we now have, points directly in -- it's focused in that direction. So yes, both. It should have been investigated and Colin Albert is somebody that the jurors should focus their opinion on or 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. The Commonwealth would submit it did not open the door in reference to this, showing a photograph of someone and what they physically look like. There was no suggestion. The only questions that were asked about fighting or anything of that nature were by counsel. So if counsel thinks he opened his own door, I don't think that's exactly how that works. This is nothing more than rank speculation. It bears no relevance whatsoever to this case. You are talking about something that is dated at least a year if not two prior to the incidents in this case.
JUDGE CANNONE: But what if it says, as Mr. Jackson pointed out the prior testimony in his senior year, which, of course, is much closer?
MR. LALLY: Well, I think even assuming that, as far as relevance is concerned, Your Honor, 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 with John O'Keefe, 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 is no evidence whatsoever of physical altercation. There is no evidence that there is a physical altercation even in this case. So to allow counsel to introduce this surely for, you know, prejudicial reasons and to invite the jury to speculate as to what it is, it essentially does nothing but divert the jury's attention from the facts of the case and what the evidence in the case is. More so, there is no evidence of anything in this case.
JUDGE CANNONE: All right.
MR. JACKSON: Your Honor, may I be heard briefly?
JUDGE CANNONE: Yes.
MR. JACKSON: In terms of evidence of a fight, I don't know what Mr. Lally is talking about. He says there is 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, a 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 propound that evidence and present that evidence. So Mr. Lally and the Commonwealth can take whatever position they want to. If they think those injuries are consistent with being hit by a 6,000 pound truck, they can knock themselves out. 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 (indicating), that is predicated on his own family members covering for him. Every one of the witnesses who testified basically are 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, nobody, was willing to even say he was at the house. 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 jury's attention. I would agree it diverts their attention. It diverts their attention to somebody who possibly could be involved with this who was not properly investigated. And I'll submit.
JUDGE CANNONE: Okay. So may I have those two flash drives, please?
MR. JACKSON: I believe they are in the possession of --
JUDGE CANNONE: Yes. No. I was asking Madam Court Reporter. All right. Why don't we take a 15-minute recess. I'll look at these and I will come out.
(Whereupon, there was a brief recess taken.)
(Court resumes.)
(Defendant present. Jury present.)
JUDGE CANNONE: I actually will see counsel at sidebar.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: So separate and apart from whether the Commonwealth opened the door, I really appreciate the opportunity to have been able to view these a couple of times. With the record before me, I am going to let it in. The Commonwealth's objection is noted.
MR. JACKSON: Thank you.
JUDGE CANNONE: Okay.
(Whereupon, the sidebar conference concluded.)
JUDGE CANNONE: The witness can take the stand, please.
COURT CLERK: Sir, I remind you, you are still under oath.
JUDGE CANNONE: Madam Court Reporter has the two 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.
(Whereupon, thumb drive of Advantage video (previously "GG") was entered and marked Exhibit No. 86 in evidence.)
COURT REPORTER: "GG" will be Exhibit 86, Your Honor.
JUDGE CANNONE: Thank you.
COURT REPORTER: And "HH" will be Exhibit 87.
JUDGE CANNONE: Thank you.
(Whereupon, thumb drive containing KO, Bang Bang video (previously "HH") was entered and marked Exhibit No. 87 in Evidence.)
MR. JACKSON: May I inquire?
JUDGE CANNONE: Yes.
MR. JACKSON: Thank you. CONTINUED CROSS-EXAMINATION
BY MR. JACKSON:
MR. JACKSON: Mr. Albert, before we took a break, you had mentioned that you've never been in a fight?
MR. ALBERT: Correct.
MR. JACKSON: Do you stand by that testimony?
MR. ALBERT: Correct.
MR. JACKSON: I'd like you to take a look at a video that's been marked for -- sorry. It's evidence No. 86. I'm going to play this short video for you and then I'm going to ask you a couple of questions.
(Whereupon, the video is played.)
MR. JACKSON: Did you recognize what was depicted in that video?
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: I'd say around my sophomore year in high school.
MR. JACKSON: Why do you say your sophomore year when you previously -- well, 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 asked about another video at the same time, correct?
MR. ALBERT: Correct.
MR. JACKSON: And, in that hearing, you said you believed that that was taken closer to your junior year or senior year in high school, correct?
MR. ALBERT: Correct.
MR. JACKSON: And that was under oath?
MR. ALBERT: Correct.
MR. JACKSON: The same oath that you took here?
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.
MR. JACKSON: If it was your senior year in high school, what year would that have been?
MR. ALBERT: '21-22. So 2021-2022.
MR. JACKSON: Going into 2022, correct?
MR. ALBERT: Yes.
MR. JACKSON: The same year that John O'Keefe passed away?
MR. ALBERT: Correct.
MR. JACKSON: What did you mean by "I'm going to fuck 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 going to 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 beef or a problem?
MR. ALBERT: Correct.
MR. JACKSON: And your resolution of that problem is, I'm gonna fuck you up. I'm gonna 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 No. 87?
JUDGE CANNONE: Yes.
(Whereupon, the video is played.)
MR. JACKSON: Lights? May I inquire?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: Mr. Albert, who was that in that video?
MR. ALBERT: Me.
MR. JACKSON: Was that taken around the same time?
MR. ALBERT: Yes.
MR. JACKSON: You indicated, you're a bitch, bro, right?
MR. ALBERT: Correct.
MR. JACKSON: Was that a threat?
MR. ALBERT: Yes.
MR. JACKSON: More of an insult?
MR. ALBERT: Yeah. More of an insult.
MR. JACKSON: Calling someone out?
MR. ALBERT: Yup.
MR. JACKSON: Making them feel bad?
MR. ALBERT: Yeah.
MR. JACKSON: Prompting them to maybe fight?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Yes. Ask that question differently, Mr. Jackson.
MR. JACKSON: Sure.
BY MR. JACKSON:
MR. JACKSON: You also called him a pussy, didn't you?
MR. ALBERT: Correct.
MR. JACKSON: A derogatory comment?
MR. ALBERT: Correct.
MR. JACKSON: And then you said, KO, bang bang, right?
MR. ALBERT: Yes.
MR. JACKSON: What does KO mean?
MR. ALBERT: Knockout.
MR. JACKSON: 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.
MR. JACKSON: And the bang bang just sort of flowed?
MR. ALBERT: Exactly.
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: You'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 shit out of him?
MR. LALLY: Objection.
JUDGE CANNONE: Can you answer that? Would you answer that, please?
MR. ALBERT: Yeah. Can you repeat the question?
BY MR. JACKSON:
MR. JACKSON: I probably shouldn't. You were threatening to ball up your fists and beat the heck out of him?
MR. LALLY: Objection.
JUDGE CANNONE: I'll allow it. Is that what you were threatening to do?
MR. ALBERT: Yes.
BY MR. JACKSON:
MR. JACKSON: When you testified in the separate proceeding in July of 2023, you actually showed up for questioning live, correct?
MR. ALBERT: Yes.
MR. JACKSON: And you showed up at the time in July of 2023 with your knuckles busted up again, didn't you?
MR. ALBERT: Correct.
MR. JACKSON: And you were asked about your knuckles at that time, correct?
MR. ALBERT: Correct.
MR. JACKSON: At 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, oh, I hit a heavy bag and busted my knuckles up on a heavy bag, right?
MR. ALBERT: Correct.
MR. JACKSON: So that heavy bag was you practicing boxing, right?
MR. ALBERT: It was me getting cardio. Yes.
MR. JACKSON: Which is in a form of fighting?
MR. ALBERT: In a form, yeah.
MR. JACKSON: Punching a bag?
MR. ALBERT: Yup.
MR. JACKSON: That's how you choose to do your cardio?
MR. ALBERT: Sometimes.
MR. JACKSON: And you're right-handed?
MR. ALBERT: Yes.
MR. JACKSON: And it was your right hand that was busted up?
MR. ALBERT: Correct.
MR. JACKSON: So when you throw your hardest punch, that's with your right hand, isn't it?
MR. ALBERT: I'm not sure. I'd say they are equal.
MR. JACKSON: You're equally strong with both hands?
MR. ALBERT: I'd say so.
MR. JACKSON: So, in your words, you could fuck somebody up with either hand, right?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Can you answer that?
MR. ALBERT: No. I'm not saying that.
MR. JACKSON: That's all I have, Your Honor.
JUDGE CANNONE: Okay. Mr. Lally?
MR. LALLY: Thank you, Your Honor. Your Honor, just before I begin, may we approach?
JUDGE CANNONE: Okay.
(Whereupon, there was a sidebar conference as follows:)
MR. LALLY: I just wanted to clarify with the Court based on my understanding of the question, I believe the door has been opened as far as harassment with this witness as well, and I intend to go down that road.
JUDGE CANNONE: Okay. Do you want to point to specifics?
MR. LALLY: I think specifically what was asked as far as the timing, as far as you never talked about this case with family or friends for two and a half years and then you indicated "no" just more recently. And I think in order to explain sort of why that is, it is in reference to the harassment this witness has sustained.
JUDGE CANNONE: What do you say, Mr. Jackson?
MR. JACKSON: With all due respect, that is a ridiculous argument for opening the door. Mr. Lally is desperate to get anything he can in about these witnesses being harassed. I did not come anywhere close to asking any questions, especially about yesterday. My questioning was tight and thoroughly narrowly tailored to issues concerning this witness's credibility. And I questioned based on the door that opened of his violent tendencies. I didn't come anywhere near asking a question about whether or not he had been harassed, whether or not he had been contacted by the police based on harassment. I asked him have you been -- I have to be able to ask, we have to be able to ask, how many times have you spoken to the police about this case, this specific case, not harassment. And that's what I asked.
JUDGE CANNONE: What do you intend to ask? I do have in my notes -- at the very beginning -- I wrote down that I believe the door was opened, Mr. Jackson. Frankly, I was surprised. It is in the beginning when you went through the whole litany of the preparation, and just a couple of other things that I didn't get to write down. "You've been thinking about this case. How long have you been thinking about this case?" And he said, since people started writing about me on the Internet, which was in response to the question as phrased. But tell me what you intend to get into, Mr. Lally.
MR. LALLY: Just following up on that, Your Honor, as far as people writing about you on the Internet, what was that, when was that, what did that entail.
JUDGE CANNONE: All right. I am going to give him some headway on that. Like I said, frankly, I was surprised.
MR. JACKSON: We are getting to a point, Your Honor, where we can't ask anything. We're being hamstrung because Mr. Lally is going to come up with -- I'll say, what color is the sky? And he's going to say, well, he said blue. He felt blue in years past because he's been harassed -- it's such a square peg in a round hole. We are getting to the point that we can't defend this case without fear that --
JUDGE CANNONE: You just have to be careful and skilled, counsel.
MR. JACKSON: I think I am careful and I think I am skilled. I didn't come anywhere close to opening the door, Your Honor.
JUDGE CANNONE: Unfortunately, I believe you did. So I am going to give him a little leeway on this.
(Whereupon, the sidebar conference concluded.)
MR. LALLY: May I proceed, Your Honor?
JUDGE CANNONE: Yes.
REDIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Mr. Albert, just to be clear, Alli McCabe is not your cousin, correct?
MR. ALBERT: Correct.
MR. LALLY: Okay. 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: And did we talk about something called sequestration?
MR. ALBERT: Not that I remember.
MR. LALLY: Did 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 any of those things, correct?
MR. ALBERT: Correct.
MR. LALLY: And 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 you 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 be?
MR. ALBERT: Other than when I got interviewed last time with Trooper Proctor and one of his partners, other than that, I didn't see him for years, I want to say, 'cause I was a young kid.
MR. LALLY: And, when you were a young kid, just so we are clear, as far as "young," how young is young?
MR. ALBERT: I maybe saw him -- I could have seen him at like a football game or something. But, other than that, pretty young. Like 12, 11, 13.
MR. LALLY: And whereabout or what was the context 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 with him?
MR. ALBERT: We've been over the grandmother's house a couple of 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?
MR. ALBERT: Correct.
MR. LALLY: That was over 10 years ago, you said?
MR. ALBERT: Yes.
MR. LALLY: About 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 close with Courtney Proctor? Is your family close with Michael Proctor?
MR. ALBERT: Mostly just like my aunt, and my mum's friendly with Courtney, I'd say, not really close with Michael.
MR. LALLY: You were asked some questions about the text messages that were up on the screen yesterday and up on the screen today as sort of a 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, Alli McCabe; is that correct?
MR. ALBERT: Correct.
MR. LALLY: Is that consistent with -- is that only Alli McCabe, or is that consistent with other friends that you would communicate with?
MR. ALBERT: All my friends.
MR. LALLY: So you would sort of switch between call, text, Snapchat, other apps, things like that?
MR. ALBERT: Exactly.
MR. LALLY: And at the top of that screen were the text messages regarding picking you up from 34 Fairview on January 28th or 29th, correct?
MR. ALBERT: Correct.
MR. LALLY: Do you have any idea when the last time was, the text before that? Was it days, weeks, month?
MR. ALBERT: I'm not sure.
MR. LALLY: That period of sort of January 28th into February, is that -- how would you characterize that? Is that a normal gap between times that you would have text communications with Alli McCabe?
MR. ALBERT: On a message, yeah. I would say so, yeah.
MR. LALLY: And from the 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 Ms. McCabe was present at the house for your Cousin Jack coming home from the Marine Corps, as well?
MR. ALBERT: Correct.
MR. LALLY: So 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: And, when you struck a heavy bag and got sort of injuries on your hands, were you wearing anything on your hand when you hit the heavy bag?
MR. ALBERT: Nothing. No.
MR. LALLY: Have you received any sort of training in boxing, taken classes, anything like that?
MR. ALBERT: Never.
MR. LALLY: Okay. So it's something you do as part of your workout, correct?
MR. ALBERT: Correct.
MR. LALLY: And 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: And, at least at the beginning of college, you played sports in college, correct?
MR. ALBERT: Correct.
MR. LALLY: Now, you were asked about things about that February 26 photo at, I forget, was it Fenway Johnnies? Is that where it was?
MR. ALBERT: Correct.
MR. LALLY: And you were asked about control over the photograph, correct?
MR. ALBERT: Say that again?
MR. LALLY: 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: No.
MR. LALLY: Now, as far as those videos that you were just shown, how old were you?
MR. ALBERT: Around 16. I'd say around 16 years old.
MR. LALLY: 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 of years before your senior year of high school which you were in in January of 2022, correct?
MR. ALBERT: Correct.
MR. LALLY: And this video as far as -- do you recall who you were referencing in those videos?
MR. ALBERT: Advantage 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: No.
MR. LALLY: The club hockey team, was that within the same town as you were?
MR. ALBERT: I'm not sure.
MR. LALLY: Did you play hockey?
MR. ALBERT: No.
MR. LALLY: At any point in time in high school?
MR. ALBERT: Never.
MR. LALLY: And was this just you sending them videos or was this some sort of argument or 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 in regards to -- from that club hockey team?
MR. ALBERT: We received texts, like being names called, like calling pussy and things like that.
MR. LALLY: So do you recall which came first as far as the texts or the video?
MR. ALBERT: I do not recall.
MR. LALLY: But the text message that you received from this club hockey team, were they similar in nature to the videos that you posted?
MR. ALBERT: Correct.
MR. LALLY: Do 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, like 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, 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: No.
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 then?
MR. ALBERT: Younger, I'd say. Yeah. Younger.
MR. LALLY: Younger like as young as you were when you were a ring bearer in somebody's wedding?
MR. ALBERT: Yeah.
MR. LALLY: Now, with regard to John O'Keefe, your neighbor who lived a couple doors down, did you ever threaten John O'Keefe?
MR. ALBERT: Never.
MR. LALLY: Did John O'Keefe ever threaten you?
MR. ALBERT: Never.
MR. LALLY: Did you ever get in an argument about girls?
MR. ALBERT: No.
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. Do you recall that?
MR. ALBERT: Yes.
MR. LALLY: And you indicated that you had not, correct?
MR. ALBERT: Uh-huh. Correct. Sorry.
MR. LALLY: And you had 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: Can you expound about that? Can you explain to the jury sort of when that occurred and what were the things that were being written about you on the Internet?
MR. ALBERT: I'd say about 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 for?
MR. ALBERT: The past year and change, a couple months. The past year and a couple months, I'd say.
MR. LALLY: To be clear, that night that you were at 34 Fairview Road at your uncle's house, January 28th, into the 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 that you were there?
MR. ALBERT: Never.
MR. LALLY: Nothing further.
MR. JACKSON: Nothing, Your Honor. Thank you.
JUDGE CANNONE: Okay. Mr. Albert, you're all set. I think that piece of paper goes back to Mr. Jackson. Did you leave something on the witness stand?
MR. JACKSON: Thank you, Your Honor.
(Whereupon, the witness is excused.)
JUDGE CANNONE: All right. Mr. Lally, your next witness?
MR. LALLY: Yes, Your Honor. The Commonwealth would call Mr. Matthew McCabe to the stand.
JUDGE CANNONE: All right.