Commonwealth v. Read — Trial ArchiveMatthew McCabe - Direct (Part 1)
634 linesCOURT OFFICER: [Oath — heavily garbled] ...the truth, the whole truth, and nothing but the truth?
MR. MCCABE: I do.
COURT OFFICER: Thank you.
JUDGE CANNONE: All right, Mr. Lally, whenever you're ready.
MR. LALLY: Good morning, sir.
MR. MCCABE: Good morning. Good morning.
MR. LALLY: Would you please state your name and spell your last name?
MR. MCCABE: Matthew McCabe. M-C-C-A-B-E.
MR. LALLY: And where do you live, sir?
MR. MCCABE: Canton, Massachusetts.
MR. LALLY: And how long have you lived in Canton?
MR. MCCABE: It'll be 20 years this coming June.
MR. LALLY: And during the time that you have lived in Canton, have you lived at the same place or have you lived at different places?
MR. MCCABE: Different places.
MR. LALLY: Where do you live currently? How long have you lived there currently?
MR. MCCABE: It will be 10 years this June.
MR. LALLY: And where did you live prior to that?
MR. MCCABE: Prior to that — you want the physical address?
MR. LALLY: Yes.
MR. MCCABE: address — garbled. I was there for 10 years as well.
MR. LALLY: And with respect to both locations, who, if anyone, did you live with?
MR. MCCABE: I live with my wife and my four daughters.
MR. LALLY: And what is your wife's name?
MR. MCCABE: Jennifer.
MR. LALLY: And how long have you and Jennifer been together?
MR. MCCABE: Oh, uh — 20... 22... so 23 years in August.
MR. LALLY: And you have four daughters, is that right?
MR. MCCABE: That's correct.
MR. LALLY: And how old are you?
MR. MCCABE: I'm 49.
MR. LALLY: I'm sorry — your daughters. How old are your daughters?
MR. MCCABE: 20, 18, 16, and 15.
MR. LALLY: And your oldest daughter is Allie McCabe, is that right?
MR. MCCABE: Yes, that's correct.
MR. LALLY: And do you work, sir?
MR. MCCABE: Yes, I do.
MR. LALLY: What do you do for work?
MR. MCCABE: I work for an Information Technology Solutions company — name garbled.
MR. LALLY: And how long have you been doing that?
MR. MCCABE: 2009, so I think I'm coming on 15 years.
MR. LALLY: And does your wife work?
MR. MCCABE: No.
MR. LALLY: What does your wife do?
MR. MCCABE: Stay at home, raises the kids — homemaker.
MR. LALLY: I'd like to turn your attention to January 28th into January 29th of 2022. You recall those days?
MR. MCCABE: Yes, I do.
MR. LALLY: What days were those?
MR. MCCABE: Friday into Saturday.
MR. LALLY: And did you work that day, on the Friday?
MR. MCCABE: Yes, I did.
MR. LALLY: At that point, do you recall if you were working in an office or remotely?
MR. MCCABE: I don't recall if that specific day I was in the office — sometimes I'd go in, sometimes I'd work from home, so I don't recall exactly if I was home or in the office that day. Sometimes I'll go in for a few hours.
MR. LALLY: So regardless, at some point you sort of wrap up work for the day — and where did you go?
MR. MCCABE: Finished up work and met some friends at a restaurant in Canton before my daughter's basketball game.
MR. LALLY: And so on that evening your daughter had a basketball game, is that right?
MR. MCCABE: Yes, that's correct.
MR. LALLY: And who did she play for at that time?
MR. MCCABE: She played for Canton High School.
MR. LALLY: The varsity game?
MR. MCCABE: Yes.
MR. LALLY: And which of your daughters, as far as age is concerned, was playing basketball for Canton High School?
MR. MCCABE: That would be my second oldest.
MR. LALLY: And so after work you had met some other people at an establishment in Canton, is that right?
MR. MCCABE: Yes, that's correct.
MR. LALLY: Where did you go?
MR. MCCABE: The establishment was called the Canton Junction Pub, or Canton Junction — I don't know the full name, but it just went by "The Junction."
MR. LALLY: And who, if anyone, did you meet there, just in general?
MR. MCCABE: A handful of folks whose daughters play basketball on the same team as my daughter — just sort of a group of parents who had kids on the basketball team.
MR. LALLY: Yes, that's correct. And was your wife Jennifer there with you at that time as well?
MR. MCCABE: Yes, that's correct.
MR. LALLY: And about how long were you at The Junction?
MR. MCCABE: Give or take an hour, hour and a half.
MR. LALLY: And girls varsity basketball — was there sort of a typical time that the game would start, or was the game scheduled for a certain time?
MR. MCCABE: Yes.
MR. LALLY: And what time is that typically?
MR. MCCABE: 6 or 6:30 would be the normal time. I don't remember if it was a 6:30 start that night — actually I think it was a 6:30 start — but typically 6 or 6:30.
MR. LALLY: So sometime around 6:00 or 6:30 you make your way over to the high school, is that correct?
MR. MCCABE: That is correct.
MR. LALLY: And was this a home game, a road game, if you recall?
MR. MCCABE: That evening it was a home game.
MR. LALLY: You recall anything about the game as far as who they were playing, or whether they won, or anything like that?
MR. MCCABE: Yes — they were playing Foxboro High School, and they did not win. They went into overtime and lost.
MR. LALLY: Now, with respect to your wife Jennifer, as the kids were growing up, what, if any, relationship did she have with the kids in basketball?
MR. MCCABE: Growing up, like the youth years — Jennifer was a basketball coach, and coached throughout the years, coached a couple of my daughters.
MR. LALLY: So she coached. And with respect to the daughter that was playing at the high school game that night, was that one of the daughters that she had coached?
MR. MCCABE: Yes, that's correct.
MR. LALLY: Fair to assume she had also coached several of the girls who were on the varsity basketball team with your daughter, correct?
MR. MCCABE: Yes, a few of them, yes.
MR. LALLY: Now, when you get to Canton High School to the basketball game, is there sort of a typical area where you would sit, or people you would congregate with while you're watching the game?
MR. MCCABE: Yes, we sit up in the bleachers. Usually the parents from the home side would tend to sit in the same area.
MR. LALLY: So you sit there, you watch the game, game is over — and then what is sort of the plan from there, or where do you go after the game?
MR. MCCABE: We — I drove my younger two daughters back home.
MR. LALLY: So your whole family was there for the game, is that correct?
MR. MCCABE: My wife and my two younger daughters. My older daughter was there — she wasn't with us, but she was there as well. She was a student at Canton High School at that time as well.
MR. LALLY: Yes, she was. So she's sitting with the other students, is that correct?
MR. MCCABE: Yes — I'm assuming. I don't recall where she sat, but most likely with the other students.
MR. LALLY: So you drove your two daughters home, and then where did you go?
MR. MCCABE: After dropping my daughters off, my wife and I proceeded to the Waterfall in Canton Center.
MR. LALLY: And do you recall — were you in one vehicle the whole time, when you left the house, went to The Junction, went to the high school game, back to the house, and to the Waterfall? Was it the same vehicle?
MR. MCCABE: Yes, we were in the same vehicle.
MR. LALLY: And do you recall what kind of vehicle it was, or whose vehicle it was?
MR. MCCABE: It was the family vehicle — it's my wife's vehicle. What was it — it was a Suburban or a Yukon, I forget which one, what brand it was. Some kind of SUV, a large SUV.
MR. LALLY: And why did you go to the Waterfall?
MR. MCCABE: We went to the Waterfall — my wife informed me that her sister was at the Waterfall ...with her niece and a few other people, and we went to go meet them. My understanding was it was my nephew's birthday, either that day or the day after, and they were going to meet out at the Waterfall for his birthday.
MR. LALLY: And just to be clear — your wife's sister, what's her name?
MR. MCCABE: Nicole Albert.
MR. LALLY: And is Nicole married?
MR. MCCABE: Yeah, yes she is.
MR. LALLY: And what is her husband's name?
MR. MCCABE: Brian Albert.
MR. LALLY: And the niece that you're talking about, that was out there with your sister-in-law — what's her name?
MR. MCCABE: Her name is Caitlin Albert.
MR. LALLY: And the nephew of yours whose birthday it was or was going to be — what's his name?
MR. MCCABE: His name is Brian as well.
MR. LALLY: So essentially Brian Albert Jr. — is he a junior?
MR. MCCABE: Yes, I believe he's a junior, yes.
MR. LALLY: Now, with regard to the basketball parents and the other people that you had been with at The Junction and then at the game — what, if any, communication was there amongst the basketball parents that evening?
MR. MCCABE: Yes, so we had a group text with the basketball parents — a handful of us. After some of the games we would meet up afterwards. This evening I sent a text out saying where we were going, because we were obviously meeting her sister, and a few of the parents responded where they were going. We kind of split up, except for one couple who decided to meet us at the waterfall out of that group text.
MR. LALLY: And the couple that decided to meet you at the waterfall — who would that be?
MR. MCCABE: That would be Nick and Karina Kolokithas.
MR. LALLY: When you arrive at the waterfall — you and your wife — do you recall where it was that you parked in relation to the waterfall?
MR. MCCABE: Yes. If you're looking at the front door of the waterfall, we were parked in the parking lot down to the left.
MR. LALLY: And the waterfall sort of shares its parking lot, or its establishment, with a condo complex. Is that correct?
MR. MCCABE: That is correct.
MR. LALLY: So you parked somewhere in that parking lot, correct?
MR. MCCABE: I parked in the parking lot, yes.
MR. LALLY: And when you came into the waterfall, who if anyone did you see there, and then where did you go?
MR. MCCABE: When we walked into the waterfall, we identified where Jen's sister and their party was sitting.
MR. LALLY: Where were they sitting in relation to when you walk in the front door?
MR. MCCABE: I believe there are three long tables that are set up. We passed — they were at the third long table, closest to the bar. Across from there was also a band — they were right across from a little band.
MR. LALLY: There was a live band there as well?
MR. MCCABE: Yes, there was.
MR. LALLY: Prior to you and your wife entering into the waterfall, do you recall what if anything you did, or who if anyone you were talking to in the parking lot?
MR. MCCABE: Yes. On the car ride from my house to the waterfall — while I was in the parking lot — I was talking to a friend of mine on the phone.
MR. LALLY: And do you recall generally what the conversation was about?
MR. MCCABE: Yes, I do.
MR. LALLY: What was it about?
MR. MCCABE: It was about my daughter — my oldest daughter Allie, who we mentioned. It was about her hockey team and her hockey coach. I was talking to one of the hockey coaches.
MR. LALLY: And when you were talking to this person, this was inside the car, is that correct?
MR. MCCABE: That is correct.
MR. LALLY: And despite it being sort of your wife's car, was your phone hooked up to the speakers — do you have Bluetooth or anything like that?
MR. MCCABE: I don't know if I connected mine to the Bluetooth or not. I don't recall if I was connected to the Bluetooth or not. I know my phone connects, so possibly — I don't know for sure if it was 100% connected that evening.
MR. LALLY: Now with respect to it being your wife's car — both of you are in the car — is there sort of a default as to which of your phones would connect to the Bluetooth, yours versus hers?
MR. MCCABE: If I look at it that way, it would be my wife's, because it was her car. So the car would probably recognize her device over your device.
MR. LALLY: Correct?
MR. MCCABE: That is correct. Now actually, I started the call definitely on my phone, because my kids were in — I was on the call for a while, so I think I had my kids still in the car when I was dropping them off, so I wouldn't have them listening to the call. So I must have been — again, I don't remember, but I must have been holding it in my hand.
MR. LALLY: And when you came into the waterfall, do you recall by what time that was?
MR. MCCABE: 9:00, give or take a couple minutes.
MR. LALLY: And again, you came over to a table closest to the bar, and who was in the group when you got there?
MR. MCCABE: When we arrived, it was Nicole, Caitlyn, Caitlyn's boyfriend Tristin, Chris Albert, Julie Albert. We were also joined by Nick Kolokithas, who I mentioned. I just don't remember if Nick was already in or if Nick walked in right after me, but Nick and I — we got there at similar times. I just don't know if he was already sitting in the bar or standing there when I walked in, or if he came in right after. Oh, and Jen, obviously.
MR. LALLY: And it should be clear — the people that were with you at this high-top table in this sort of group, either then that you're talking about or throughout the course of the evening, with people that were either sort of family or friends of yours or your wife?
MR. MCCABE: Oh yes, that's correct. Family and friends, correct.
MR. LALLY: And so whether or not you and Mr. Kolokithas came in at the same time or slightly staggered, at some point he came in as well, correct?
MR. MCCABE: Yes, that's correct.
MR. LALLY: And with respect — obviously you were out, and you were at a bar, correct?
MR. MCCABE: Yes.
MR. LALLY: And from what you recall, you were drinking, and most if not all the other people were drinking as well?
MR. MCCABE: Yes. Yeah, everybody at the table, to my recollection, was drinking.
MR. LALLY: And do you recall specifically what you were drinking on that night?
MR. MCCABE: I do.
MR. LALLY: And what were you drinking?
MR. MCCABE: I was drinking vodka with water and a splash of Crystal Light.
MR. LALLY: And is that something that you would normally drink?
MR. MCCABE: No.
MR. LALLY: And why were you drinking that?
MR. MCCABE: I was in a diet competition with other people in the town, so I was trying to stay away from any beer, which would be what I typically would drink.
MR. LALLY: And as far as your observations of the other people throughout the course of the night, did you notice anyone in your group either at that time or subsequently in the night to be sort of overly intoxicated or drunk or anything like that?
MR. MCCABE: No.
MR. LALLY: And as far as the other people in your group as far as drinking was concerned — at that time or any time later in the night — was there drinking sort of commensurate with the amount that you were drinking?
MR. MCCABE: I wasn't paying attention to see who was drinking how much they were drinking. You know, I don't even know how many I had — maybe at least three, maybe five, I don't know for sure. Give or take something there. But again, I wasn't paying attention to see if anybody was drinking faster than somebody else, et cetera.
MR. LALLY: And in that sense, roughly how long were you at the waterfall?
MR. MCCABE: Got there at 9 and left a little after 12 — a little over 3 hours.
MR. LALLY: So roughly 9:00 to about midnight or so, correct?
MR. MCCABE: Yes. A little — I recall leaving a little after midnight, correct.
MR. LALLY: Now the initial group that you walked over to around the time that you got there — did that group expand or contract? Did people come or leave? Can you explain sort of the order of that over the course of the evening?
MR. MCCABE: Yes. Shortly after we settled in, Nick's wife showed up — could have been 15, 20 minutes, I don't remember the exact time. But Nick's wife Karina came. And give or take 45 minutes, an hour after that, Brian Albert Senior and Brian Higgins showed up. And around 11-ish, give or take — I don't know the exact time — Karen Read and John O'Keefe showed up as well.
MR. LALLY: Let me ask you a little bit about some of those other — but let me ask first about Caitlyn's boyfriend, Mr. Morris. How long was he there?
MR. MCCABE: That I don't recall how long he was there. I do know he left. He had mentioned something about working that evening. There's obviously a snowstorm coming in that evening, and he had mentioned that he was going to go home for a little bit before he had to go out. And I don't know if he was plowing or shoveling or doing something, but he was going to be going out that evening to plow, I believe.
MR. LALLY: And Christopher Albert and Brian Albert — they're brothers, is that right?
MR. MCCABE: Yes, that's correct.
MR. LALLY: And Christopher Albert's wife was Julie Albert, is that correct?
MR. MCCABE: Yes.
MR. LALLY: And she is also friends with your wife Jennifer McCabe, correct?
MR. MCCABE: Yes.
MR. LALLY: And been so for years, as far as you know?
MR. MCCABE: As far as I know, yes. They've been friends for years.
MR. LALLY: Now you mentioned someone by the name of Brian Higgins. Did you know Brian Higgins prior to that evening?
MR. MCCABE: Yes.
MR. LALLY: How did you know him?
MR. MCCABE: I had met Brian a few times — social settings. I recall meeting him at the Junction one evening. I believe I met him at a graduation party. I don't know how many times I met Brian, but I met him maybe three or four times. I don't know exactly how many. So I knew who he was.
MR. LALLY: As far as he was friends or friendly with your brother-in-law Brian Albert, correct?
MR. MCCABE: Yes.
MR. LALLY: And that's how you knew him — was through Brian Albert?
MR. MCCABE: Yes.
MR. LALLY: And do you know where Brian Albert Senior and Brian Higgins had been prior to the waterfall?
MR. MCCABE: Yes. I was informed that they were in New York, coming back from New York from a funeral of a New York police officer.
MR. LALLY: And both of them, as far as you knew — Brian Albert Senior and Brian Higgins — they were in law enforcement, is that correct?
MR. MCCABE: Yes.
MR. LALLY: Now you mentioned that at some point around 11 or so, John O'Keefe and Karen Read came into the waterfall, correct?
MR. MCCABE: Yes.
MR. LALLY: And just to be clear — when you speak of Karen Read, that's someone that you had met prior to this evening as well?
MR. MCCABE: Yes, that's correct.
MR. LALLY: And for identification purposes, for the record, do you see Miss Read in the courtroom today?
MR. MCCABE: Yes, I do.
MR. LALLY: Could you just describe where she's seated?
MR. MCCABE: She's seated at the table with her attorneys.
MR. LALLY: Could you describe her clothing, if you could?
MR. MCCABE: Black — I don't know — sweater or dress, I'm not sure.
MR. LALLY: Just for identification. Now with regard to Mr. O'Keefe — first, how was it that you came to know Mr. O'Keefe?
MR. MCCABE: I met John O'Keefe when he started to be the caretaker for his niece and nephew after their parents had passed.
MR. LALLY: And specifically, you're referring to Patrick and Kaylee Furbush, is that correct?
MR. MCCABE: That is correct.
MR. LALLY: Their mother and father tragically passed away, and then he became their guardian, correct?
MR. MCCABE: That is correct.
MR. LALLY: And when you met Mr. O'Keefe, is that when you were living at the house on Sucker Cliff?
MR. MCCABE: Yes.
MR. LALLY: And where was that house in relation to where Mr. O'Keefe initially lived with his niece and nephew?
MR. MCCABE: Couple hundred yards, two different streets, a neighborhood with multiple streets. My house was on S Cliff Drive — down Sucker Cliff, maybe pass one, two, three, four houses, took a right, and that was John — that was the street that the kids lived on, maybe four houses up on the right.
MR. LALLY: And with reference — you mentioned that you had four daughters, is that correct?
MR. MCCABE: Yes.
MR. LALLY: And were any of your daughters around the same age as John's niece Kaylee?
MR. MCCABE: Yes, my third daughter is the same age, same grade as Kaylee.
MR. LALLY: And about this time that John had moved into his house close to the house you were living on Sunset Cliff, about how old was your daughter and his niece Kaylee?
MR. MCCABE: Oh, I believe it was kindergarten.
MR. LALLY: How old would you be in kindergarten?
MR. MCCABE: Seven — I don't — I think kindergarten suffices.
MR. LALLY: So they were very young?
MR. MCCABE: Correct. Yes.
MR. LALLY: And with reference to the kids, what if any — beyond sort of being neighbors — what if any relationship did either you or your wife have with regards to Mr. O'Keefe, and specifically —
MR. MCCABE: I'm sorry, just a door — I was trying — The door was shaking so I couldn't hear the end of it.
MR. LALLY: So around that time that Mr. O'Keefe moved in with his niece and nephew and took over guardianship —
MR. MCCABE: Yes.
MR. LALLY: What if any relationship, beyond being neighbors, did yourself and/or your wife have with respect to Mr. O'Keefe?
MR. MCCABE: Oh yeah, we had a good relationship. Especially my wife — she was, having the kids the same age, Kaylee and my daughter, she was very involved with helping him out, whether it's rides to various events throughout those years. I had also coached Kaylee myself a couple of times in soccer, and my wife also coached her in basketball. Play dates, things of that nature. And at various times I would go out with John, where he would meet up somewhere where we were — so a friendly relationship, where John was, in essence, acting as a mother and a father. And so you do a lot of communicating through my wife in regards to needing help and things of that nature.
MR. LALLY: And in particular, his niece Kaylee and your daughter, who was around the same age — were they friends?
MR. MCCABE: Yes, they were friends.
MR. LALLY: And about how close were they, particularly around that young age?
MR. MCCABE: They were very close. In the young age, Kaylee would spend a lot of time at our house, spent a lot of time sleeping over. So they were very close.
MR. LALLY: And Kaylee in particular — how close was she with your wife Jen?
MR. MCCABE: Kaylee was close with Jen. Kaylee was mature — well beyond the other girls — she was bright, she was very articulate, so she could have conversations with the adults much better than the other kids. Having four girls, she was a bright kid.
MR. LALLY: Now at some point, Mr. O'Keefe and the kids moved from that house, and you also moved from the house on Sunset Cliff — correct?
MR. MCCABE: That is correct.
MR. LALLY: And you recall the order of that — was it you that moved first or they that moved first?
MR. MCCABE: I'm pretty sure I moved first. I moved first, yes.
PARENTHETICAL: [unclear]
MR. MCCABE: events, whether it was practices, picking somebody up — I would see Karen around.
MR. LALLY: And how far away from the house on Sunset Cliff was your new house?
MR. MCCABE: It's right up the street. Driving in a car, you know, two minutes. I don't know — a mile, mile and a half — I'm not sure the exact distance, but not far away.
MR. LALLY: And where did John and the kids move?
MR. MCCABE: They moved a little further away. They're probably a couple miles away — two, two and a half, three miles. Again, I don't know the exact distance. Not far — everything on that side of town, everything's fairly close.
MR. LALLY: And specifically, they moved to a house on Meadows Avenue — is that correct?
MR. MCCABE: That is correct. Yes.
MR. LALLY: And the nature of your relationship — you and your wife's relationship with John and the kids, and your daughter and Kaylee — did that sort of continue throughout, after each of you moved from the original neighborhood?
MR. MCCABE: Yes.
MR. LALLY: Now with respect to the defendant, Miss Read — when was it that you first met her?
MR. MCCABE: Let's see — COVID 2020. We met her summertime. I think it was the COVID year — 2020, summer.
MR. LALLY: Can you recall the circumstances of that, or how you came to meet her at that time?
MR. MCCABE: Yes, I do.
MR. LALLY: Could you explain to the jury — what were the circumstances, where did you meet her?
MR. MCCABE: John had reached out to my wife Jen. It was a Saturday — I don't know if they connected that Saturday or the Friday, but they connected. John asked if he could come by the house with the kids. We have a pool, so he wanted to come by with the kids swimming, and wanted to introduce Karen to us — specifically wanted to introduce Karen to my wife Jen.
MR. LALLY: You know why that was?
MR. MCCABE: Because they were dating, and he informed my wife that Karen had MS, and my wife has MS. So he thought it'd be good for the two of them to get to know each other — could have conversations with each other, obviously both suffering from MS.
MR. LALLY: How long has your wife suffered from MS?
MR. MCCABE: I'm going to say — I think she's been suffering for a while, but I'm going to say her diagnosis — maybe nine years. I don't remember the exact date. I'm going to say about nine years.
MR. LALLY: And so Mr. O'Keefe, Miss Read — the defendant — and the two children came over to the house that day — is that correct?
MR. MCCABE: Yes, that's correct.
MR. LALLY: And about how often did you see Miss Read from that summer of 2020 until about the time of January 2022?
MR. MCCABE: I would see her — there were a couple other times that John and Karen came by the house with the kids, and also see her at sporting events, whether it was soccer, whether it was basketball,
MR. LALLY: And as far as you knew — or, let me ask you this. As far as your relationship with Mr. O'Keefe, as someone he was dating — his relationship — is that the kind of thing that the two of you would discuss?
MR. MCCABE: You're asking — John and I — directly, if he would? No. John and I — I don't recall ever having any conversations about his relationships with me directly.
MR. LALLY: And that applies to the defendant, Karen Read, or applies to any other relationship he had while you were friends?
MR. MCCABE: Correct. Correct.
MR. LALLY: Now turning your attention back to the Waterfall, on the evening of the 28th — when Mr. O'Keefe and the defendant came in, where is it that they went in relation to the table?
MR. MCCABE: They came in and immediately made contact with us, walked right over to our table.
MR. LALLY: And when they came over to the table, what if anything happened?
MR. MCCABE: How you doing — shaking hands, hugging, how you guys doing, good to see you — typical meet and greet when you see somebody that you're friends with.
MR. LALLY: And if you recall, was there a particular side of the table, or where were you situated in relation to the table, and who if anyone was situated around?
MR. MCCABE: Yes. If I was looking at the table — long table — I spent most of the time at the end of the table, kind of in the corner on the right side. Nick Kus was right next to me. There was a wall — it's kind of a thin table — ends there, there's a little space and there's a wall right behind you. Nick was there, I was there, Jen and Karina were on this side most of the time. Brian and Brian were on the opposite side of the table — my recollection. I mean, there was obviously some movement around, but I spent most of the time — again, if the table's coming across — standing on the end. I did sit down for a little bit, if I recall, but definitely on the edge of the long table.
MR. LALLY: Fair to say the Kuses didn't really know anybody at the table besides yourself and your wife?
MR. MCCABE: Fair to say. They obviously knew who John was. They have a daughter as well, the same age as Kaylee. I don't know if they hung out with them, but fair to say that obviously it was my family, and it was Jen's family — so yes, I'd say in general. Correct. requests water
MR. LALLY: If I could ask — as far as Mr. O'Keefe was concerned, you recall anything about what he was wearing that night?
MR. MCCABE: I recall a baseball cap — and he tends to brim it over a little bit — and had a shirt and jeans. I don't know exactly what he was wearing.
MR. LALLY: You recall seeing him at any point in time with any kind of winter coat or heavy coat or anything like that?
MR. MCCABE: Not that I recall. If he had one on, he had one on — I don't recall it.
MR. LALLY: And as far as his person — his features, what you could see — what if any injuries did you observe on him at that time?
MR. MCCABE: I did not see any injuries.
MR. LALLY: And do you recall what John was drinking that night?
MR. MCCABE: I believe he was drinking Bud Light beer. That pretty typical for him? The majority of times I saw John, yes, he was drinking Bud Light. I do recall when he came to my house for that first meet, he was drinking Bud Light Limes, which I thought was interesting, but it was at a pool and maybe it was a summer drink for him. I'm not sure.
MR. LALLY: Fair enough. I think I gave him a hard time. Now, with reference to Miss Read that night — what if anything did you observe her to be drinking?
MR. MCCABE: She was drinking a clear liquid. I just assumed it was a vodka soda or something.
MR. LALLY: And absent the Crystal Light — which I'll leave that alone for now — but absent the Crystal Light, was it similar to the drink that you were having that night?
MR. MCCABE: Yes. Could have been vodka water, exactly. I don't know.
MR. LALLY: Now, do you know where the two of them — being Mr. O'Keefe and the defendant — do you know where they had come from prior to coming into the Waterfall?
MR. MCCABE: John had said they came from across the street, from C.F. McCarthy's.
MR. LALLY: Now let me ask you — as far as you were going to the Waterfall, your understanding was that it was your nephew — excuse me — Brian Albert Junior's birthday — correct?
MR. MCCABE: Yes.
MR. LALLY: And was he at the Waterfall at any time that you were there?
MR. MCCABE: No.
MR. LALLY: And at some point did you learn
MR. MCCABE: — where he was. Yes, I learned he was still home.
MR. LALLY: And was there any conversation, or do you know why he was still home?
MR. MCCABE: My understanding is — I thought we were waiting for him, he never showed up. My understanding was he chose to stay home; he had a couple friends over the house.
MR. LALLY: Now, from the time that you were in the Waterfall, how would you describe sort of the mood or the demeanor of sort of the group overall?
MR. MCCABE: Everybody was just having a good time, hanging out, socializing, talking. As I said, there was a live band playing for a little bit, and just a normal evening.
MR. LALLY: And as far as the defendant — — and Mr. O'Keefe, as far as what you could see or your observations, was there any sort of fighting or arguing or anything like that that you observed between the two of them over the course of the evening at the Waterfall?
MR. MCCABE: No, I did not.
MR. LALLY: I mentioned that you had left the Waterfall sometime after midnight. Is that correct?
MR. MCCABE: Yes, that's correct.
MR. LALLY: And before we get to that, over the course of the evening at the Waterfall, did you have occasion to have conversation with either Mr. O'Keefe or the defendant?
MR. MCCABE: Yes, I did.
MR. LALLY: Would that be both?
MR. MCCABE: Yes.
MR. LALLY: And starting with Mr. O'Keefe, what if any conversation, generally speaking — — do you recall having with him?
MR. MCCABE: I believe that night — I think that night he was excited because Kaylee — maybe they just got the acceptance from Kaylee. He was excited about her acceptance to — what's the school — Bishop Feehan — a local high school.
MR. LALLY: That was something that you were aware of, that she had applied to get into that school?
MR. MCCABE: Correct. Yes.
MR. LALLY: And with respect to Miss Read, what if any conversations do you recall in regard to her?
MR. MCCABE: Normal conversation. You know, hi, how you doing, good to see you. She made a reference to myself, asking how Jen and I do it. And I said — she was talking about with the four girls — — how do we do it, how do you raise the four girls, you guys look happy. And I actually joked to her, I said, well, we're at a bar. Considering — obviously any marriage will tell you you have your ups and downs. But brief conversational, nothing of any substance, just good to see you.
MR. LALLY: Now, this time that you're talking about, that you're leaving shortly after midnight — is that around the time that sort of the bar was winding down for the evening?
MR. MCCABE: Yes.
MR. LALLY: The band that had been playing before — were they still playing, or had they stopped?
MR. MCCABE: No, they had stopped earlier, before 12. I don't remember the exact time, but they — — definitely stopped earlier. There were some people there, but our table was definitely the last table to wrap it up. Well, some people left before me, but the band was packing up their equipment.
MR. LALLY: And so in that vein, if you recall, can you tell the jury sort of the order of people from your group and when they left?
MR. MCCABE: Yes. So Brian Albert, Brian Higgins, and Nicole were packed up and leaving before us. Then my wife, Karen, Karina — I know John and Chris — they started leaving before us. I think John was delayed, but they walked out. And Nick and I were the last two at the table. I recall us picking up some of the empty glasses and beer bottles — because the bar was right behind us — so I recall picking up the glasses and some of the bottles and bringing them to the bar, as well as a couple of the members of the band were sitting on the edge of the bar, and just some brief conversation with them — you know, good job, you know, guys coming back — things of that nature. And then Nick and I walked out.
MR. LALLY: Now, over the course of the evening at the Waterfall while you were there, what if any conversation was had amongst the group in regard to any plans, or where to next, or where people were going after the Waterfall?
MR. MCCABE: Yes. As mentioned, we thought we were going to meet my nephew; he didn't come out. Found out he had a few friends at the house. When Brian and Nicole were leaving, they had mentioned that Brian was at the house with a couple friends and we were welcome to come back and have a celebratory drink for his birthday. So he had extended an invite to the table — like, you know, hey, whoever's around, wants to come back, you're welcome.
MR. LALLY: So that was sort of extended to the entirety of the group, is that correct?
MR. MCCABE: That is correct.
MR. LALLY: And so what was your understanding, at least as far — — as your plan, you and your wife Jennifer, when you were leaving the Waterfall?
MR. MCCABE: That we'd be stopping by Brian and Nicole's house.
MR. LALLY: And so prior to that discussion regarding stopping by your brother-in-law Brian Albert's house, what if any other discussion was there at the table in regards to places to go after?
MR. MCCABE: Yes. There was discussion about going to D&E Pizza. That's a pizza sub shop that Chris Albert owns in Canton Center, which is about 100 — — yards, whatever, across the street from the Waterfall.
MR. LALLY: And can you describe sort of what was the substance of that discussion and who was involved in that discussion?
MR. MCCABE: Yes. The discussion is — we've done that in the past, we've wrapped up for the night, we've gone over there and turned the ovens on and made some pizza. In this particular instance, Karen had asked if we could do that — she wanted to go to D&E, she wanted to make pizza. Chris and I were adamant that we were not going to D&E because we were on this diet and we were not going to subject ourselves to late-night pizza. So we said no, we're not going to — — D&E. Though, you know, we had conversation, she kind of wanted to go, but we kept saying no, we're not going to go.
MR. LALLY: When you say you kept saying — was that something that the defendant raised once or more than once?
MR. MCCABE: More than once.
MR. LALLY: Now when you leave — you and Nick Kus — and you walk out of the Waterfall, you go to your car in the parking lot, is that right?
MR. MCCABE: Yeah, yes, that's correct.
MR. LALLY: And again, by your car I mean your wife Jennifer's car, is that right?
MR. MCCABE: Yes.
MR. LALLY: And where was she in relation to the car when you get there?
MR. MCCABE: She was already in the car.
MR. LALLY: Let me ask you — as far as where was she seated within the —
MR. MCCABE: Oh, sorry — she was in the driver's seat.
MR. LALLY: So you get in the front passenger side, is that right?
MR. MCCABE: That's correct.
MR. LALLY: And when you get into the car, what if any communication did you become aware of between your wife and Mr. O'Keefe?
MR. MCCABE: When I got into the vehicle, my wife received a text from John and it said "where to." I think he was looking for the address. I told my wife — we were starting to drive out of the parking lot — I told her just to call him, rather than text while she's driving.
MR. LALLY: You advised her just to call him back, correct?
MR. MCCABE: Correct.
MR. LALLY: And did she call him?
MR. MCCABE: She did.
MR. LALLY: And with respect to that Bluetooth that we were discussing earlier, within the car, this — — call from your wife Jennifer to John O'Keefe, was that using the Bluetooth technology?
MR. MCCABE: I'm assuming it was. I don't recall, but I knew he was on the phone asking where — what the address was.
MR. LALLY: Let me ask you this: could you hear both sides of the conversation?
MR. MCCABE: I could hear him, yes.
MR. LALLY: So you heard your wife talking and you heard John talking, correct?
MR. MCCABE: Yes.
MR. LALLY: And as far as that communication, with reference to "where to" or where to go or the address, can you describe to the jury sort of what that conversation consisted of?
MR. MCCABE: The conversation was the address — 34 Fairview — and I actually was definitely mumbling stuff from my seat saying come out, take a — — right, take a left on Sherman, and 34 Fairview. And that was that initial call — just giving him the address and telling him Sherman's the easiest way.
MR. LALLY: And so when you say "that initial call," was there a subsequent call while you were still en route to 34 Fairview?
MR. MCCABE: Yes, there was a call a few minutes later. Somehow — I don't know why — but somehow they didn't know where the house was. I recall, again — my assumption would be they'd come from Sherman, from Chapman Street. My wife referenced a friend of Kaylee's who lives off of Fairview. We said, you know where this child lives? He said yes. Okay, drive past her — — street and the house will come up on the left.
MR. LALLY: And the friend of Kaylee's — what was her name?
MR. MCCABE: Her name is Bella.
MR. LALLY: And so do you recall whether it was you or your wife that made reference to Bella's house?
MR. MCCABE: I think we both did. I think I said it and then I think my wife repeated it.
MR. LALLY: And that was — Bella was someone who was friends with both your daughter and with Kaylee, is that correct?
MR. MCCABE: Yes, around the same age.
MR. LALLY: Exact same age, same grade?
MR. MCCABE: Yes.
MR. LALLY: Now, when you were talking on this second conversation — again, you could hear both sides of the conversation, is that right?
MR. MCCABE: That's correct.
MR. LALLY: And as far as Mr. O'Keefe's side of the conversation, what — — if anything did he say as far as who was coming or who he was with at the time?
MR. MCCABE: He didn't make any reference to — you're asking if he made reference to anybody else, is that what you're asking?
MR. LALLY: What I'm asking is — when he was saying, as far as looking for the house — was he —
MR. MCCABE: Yeah, "we're on our way" — okay, great — "we're on our way."
MR. LALLY: And from your interaction that you have with him, and him saying "we" — who did you infer that "we" to be?
MR. MCCABE: Karen.
MR. LALLY: And at any point in time during the conversation that you had, where you were hearing both sides, did you hear Miss Read in the background at any point?
MR. MCCABE: I do not recall hearing Miss Read.
MR. LALLY: Now, about how far a drive is it — how long a drive is it, roughly, from the Waterfall to 34 Fairview?
MR. MCCABE: The way I would go, four minutes, give or take five minutes. There's multiple ways, but depends on how you go, I guess.
MR. LALLY: And the way that you go — as far as what you're talking about — is that your recollection of how or where your wife drove that night?
MR. MCCABE: Yes.
MR. LALLY: Now, as far as when you arrive at the house, where did your wife park the vehicle in relation to —
MR. MCCABE: She pulled the vehicle into the driveway.
MR. LALLY: And you're obviously familiar with the address or the residence at 34 Fairview Road, correct?
MR. MCCABE: Yes, I am.
MR. LALLY: Been there several times before this evening?
MR. MCCABE: Yes, I have.
MR. LALLY: And essentially there's two garage doors on the house — there's one on the left, one on the right — is that correct?
MR. MCCABE: Uh, yes.
MR. LALLY: You recall whether or not your wife parked on the left side of the driveway or the right side?
MR. MCCABE: I believe it was the left, but the driveway is fairly wide — it kind of widens out, not just the two doors. So I don't know if she was right on the left where the walkway is, or if she was kind of more in the middle, because that driveway, you could pull up even on the right of her. But somewhere — I don't know exactly — but she pulled into the driveway.
MR. LALLY: She pulls into the driveway, she parks, you guys go in the house, correct?
MR. MCCABE: Yes.
MR. LALLY: When you get inside the house, who, if anyone, did you observe?
MR. MCCABE: When we entered the house, we observed Caitlin, Brian Jr. — Brian had two friends there — Julie Nagel and Sarah Levinson, Brian Higgins, and Brian Albert Senior. And — did I say Nicole? Nicole — I don't know if I said Nicole.
MR. LALLY: And where in the house were they situated?
MR. MCCABE: When I recall, everybody was congregated — when you walk in the front door, to your right there's a table, and then there's an open floor where it goes right to the kitchen, and the room of the table, they just flow into each other, so people are surrounding either the island in the kitchen and/or the table area.
MR. LALLY: And from your recollection, is that essentially where people mainly congregated throughout the course of the night that you were there?
MR. MCCABE: Uh, yes.
MR. LALLY: And about how long a period of time were you there at 34?
MR. MCCABE: I'd say a little over — a little over an hour. Hour and 40 — hour and — got there about 12, 12:20, left 1:40, 1:4— I don't know the exact time, 1:40, 1:45-ish.
MR. LALLY: So you got there somewhere closer to 12:30 and you left somewhere closer to about 1:45 a.m., is that correct?
MR. MCCABE: Got there about 12:20, give or take, and then yeah, left about 1:40, 1:45 — I don't know the specific time, but somewhere around there.
MR. LALLY: And similar to the question I asked you about the Waterfall — as far as how would you describe sort of the mood or the demeanor of the group in the house when you got there?
MR. MCCABE: Everybody was hanging out. I know Julie was excited — we just showed up, good to see us. Brian excited that we came by. Normal.
MR. LALLY: So, fair to say — no tension, no arguments, nothing like that while you were at the house?
MR. MCCABE: No.
MR. LALLY: And you recall sort of what you were doing while you were at the house, what the group was doing?
MR. MCCABE: Hanging out, talking, sitting around the table, engaging — music was on. Just having a good time, just hanging out, talking, enjoying each other's company. I do recall my wife put on a foolish video that she wanted to show the kids at the table, but other than that, just socially hanging out with each other.
MR. LALLY: Foolish video — do you recall what that was?
MR. MCCABE: Yes.
MR. LALLY: And can you describe that to the jury?
MR. MCCABE: It was a video for the song "It's Raining Men," and [unintelligible] was in the video.
MR. LALLY: Why was it a foolish video, as you described?
MR. MCCABE: Well, in the family, one of Jen's sisters had put on a show before with an umbrella, so at some point my wife came across this video and it was people just dancing around, so she was showing my niece and my nephew and friends the video so they could see — you know, we're kind of picking on my sister-in-law. And — you have another nephew by the name of — I'm sorry, are you familiar — you mentioned earlier at the Waterfall, there was Christopher and Julie Albert, is that right? Yes.
MR. LALLY: Familiar with them — your wife's friends with Julie?
MR. MCCABE: Uh, yes.
MR. LALLY: And you know their children as well, is that right?
MR. MCCABE: Uh, yes, I do.
MR. LALLY: And specifically you know their middle child, Colin?
MR. MCCABE: Yes.
MR. LALLY: And at any point in time in the evening when you were there at 34 Fairview Road, was Colin Albert there at any point?
MR. MCCABE: No, he was not.
MR. LALLY: You didn't see him that night at all?
MR. MCCABE: Never saw.
MR. LALLY: And obviously you know your oldest daughter, Allie, correct?
MR. MCCABE: Yes, I do.
MR. LALLY: And at any point in time when you were at 34 Fairview, did you see her, or a vehicle, or anything — did you have any knowledge that your daughter Allie was there at the time that you were?
MR. MCCABE: No, she was not.
MR. LALLY: She wasn't there — you didn't see her there, you didn't know if she had been there before you or anything like that?
MR. MCCABE: Correct.
MR. LALLY: Now, turning back into the house — as far as the group that you were with, was there any point in time that anyone from that group left that sort of general area of the dining room and the kitchen that you recall?
MR. MCCABE: We were in that room — there's a room right next to the kitchen with a doorway that you can walk through. I was seated at the table, but you could walk through the doorway. I know Julie Nagel went into that room because she was looking out the door. And other people could have walked in and out of that room — it's right there, right next to us.
MR. LALLY: At any point in time over the course of that evening, did you see anybody sort of go upstairs or downstairs, to the basement, or anywhere else but that general area of those three rooms in the home?
MR. MCCABE: I did not see anybody.
MR. LALLY: Now, at some point you mentioned that Julie Nagel was looking outside for something — is that correct?
MR. MCCABE: Yes, that is correct.
MR. LALLY: How long was that in reference to after you arrived, and when did that happen?
MR. MCCABE: Again, I don't know the exact time. I'm going to say could have been three minutes, could have been five minutes, somewhere in that vicinity. We arrived, said hello, good to see everybody, and shortly after she had mentioned that her brother was there to pick her up.
MR. LALLY: Now, as far as Miss Levinson and Miss Nagel — they were friends of your nephew Brian Albert Jr., is that right?
MR. MCCABE: That's correct.
MR. LALLY: And did you know them at all at that time — when you arrived there on the 28th?
MR. MCCABE: Miss Levinson I did not know — first time I met her. I definitely had met Julie before. She had — you know, Brian and her hung out, so I definitely met her. I think she'd been — I don't know if it was previous to this or after this — but Julie, you know, helped my — not my brother-in-law, my nephew Brian. When we go on vacation, we have a dog and Brian would usually be the go-to to let the dog out, etc., and I know Julie has helped him. I just don't know if that was previous to that or after, but I definitely met Julie before.
MR. LALLY: You met her before, but essentially met her as a friend of your nephew, correct?
MR. MCCABE: Yes.
MR. LALLY: Someone that you didn't know particularly well — is that fair to say?
MR. MCCABE: Correct.
MR. LALLY: So after about 3 to 5 minutes or so after you arrive, you observe Miss Nagel looking outside, correct?
MR. MCCABE: Uh, yes, she was going out the door, correct.
MR. LALLY: And do you know why she was going out the door?
MR. MCCABE: She said her brother was there to pick her up, but she didn't want to leave.
MR. LALLY: And at any point in time, did either yourself or your wife extend an offer to either Miss Nagel or Miss Levinson or both in regard to getting home?
MR. MCCABE: Yes. My wife informed them that if they wanted to stay — because we just got there — we would be more than willing to drive them home.
MR. LALLY: And fair to say, at this point in time, you didn't even know where Miss Levinson or Miss Nagel lived, is that correct?
MR. MCCABE: No idea.
MR. LALLY: You didn't really know what you signed up for as far as traveling home, is that correct?
MR. MCCABE: Oh, Canton's not that big of a town, so I wasn't too scared, but yeah, I didn't know exactly where they lived. I knew they were from Canton.
MR. LALLY: Now, at some point, when Miss Nagel goes outside, what, if anything, drew your attention to the outside of the house?
MR. MCCABE: When she went outside, or when she was opening the door, her or somebody referenced that there was another vehicle out front.
MR. LALLY: And so upon hearing that, where did you go?
MR. MCCABE: Upon hearing that, we just assumed that was obviously John and Karen, so I don't recall if I looked out the window first or looked out the door first, but I looked out to see the other vehicle out in front of the house.
MR. LALLY: And just to be clear — when you say "window" and when you say "door" — which window and which door?
MR. MCCABE: Well, I was sitting at the table, and right behind me is a window, or if I stood up and took five steps, there's the front door of the house.
MR. LALLY: So, again, in addition to sort of the regular front door, is there like a storm door or something that you would have been able to see through?
MR. MCCABE: That would be the front door — I would call it the storm door. Yes, I could see out the front. There's another door — if you're looking at the house, your front door has windows, and then there's another door. Julie looked out, or went out through that door. I either, at that point, looked out the window or walked over to the front door, which would be the opposite door.
MR. LALLY: Regardless, if you looked out the window or you looked out the storm door or the front door — when you looked out, what, if anything, did you see?
MR. MCCABE: And do you know what color the SUV was at the time?
MR. MCCABE: I didn't — it was — I didn't know if it was a black SUV, a dark green, or dark blue, but it was a dark SUV.
MR. LALLY: And at the time, were you familiar with either or both of the vehicles of Mr. O'Keefe and or the defendant?
MR. MCCABE: Yes. I knew Karen drove a dark SUV. I didn't know the make and model. I just knew she drove a dark SUV. I'd seen it at pickup and things of that nature.
MR. LALLY: And did you know what kind of vehicle Mr. O'Keefe drove around that time?
MR. MCCABE: I think he had a smaller SUV. I don't — I don't remember the make. He had — I don't know — I don't remember the color of his SUV. He had another car too that he drove around. I remember that. That's about it.
MR. LALLY: And when you're looking out from either the window or the door, where was the dark SUV in relation to the house?
MR. MCCABE: If you came out that front door, pretty much right in front — right in front of the house, parked in front of the house.
MR. LALLY: Now, you mentioned that Miss Nagel had left the house through the other door and gone outside. Is that right?
MR. MCCABE: That's correct.
MR. LALLY: When you looked out, could you see Miss Nagel or where she had gone?
MR. MCCABE: No. There was another vehicle — again, coming out the front door, if you go to the left there's the driveway. There was another vehicle over there. I don't know if it was on the street facing this way or if it was pulled in. I wasn't — I just looked out the front door and noticed the car, like, "Oh, that's — that's John." That was my focus. I didn't look for — I didn't look for Julie.
MR. LALLY: As far as the other vehicle, did you observe at least enough to know whether or not it was behind the dark SUV, in front of the dark SUV, or something else?
MR. MCCABE: Yeah, yeah, it was to the left. It was equivalent to where the driveway was, and then after the end of the driveway there was a Jeep, and after the Jeep was — was the SUV, the dark SUV.
MR. LALLY: And with respect to — just from your perspective, you're looking out now — so the driveway would have been to your left? Is that right?
MR. MCCABE: Correct.
MR. LALLY: Are you familiar with any other sort of landmarks or anything else in the front yard area of your brother-in-law's house?
MR. MCCABE: Yes. So if you look out, the driveway's to the left. If you look to the right, there is an island of — like maybe rhododendron or something — bushes. There's a flag pole right there. There's a utility — I believe it's a green utility box, I'm assuming it's utility, kind of on the edge. There's a fire hydrant. All that stuff was to the right side, looking out the front door.
MR. LALLY: Now, after you look out this initial time and you see this dark SUV sort of right in front of the door, was that the only time that you looked out, or did you look out on subsequent occasions?
MR. MCCABE: No. I looked out again, because it'd been a few minutes — again, two, three, four minutes, I'm not sure how long — but it had been a few minutes, and we thought it was weird they hadn't come into the house. Looked out and saw the SUV again.
MR. LALLY: And when you looked out for the second time, where was the SUV in relation to where it was the first time?
MR. MCCABE: The SUV had moved up the road from the front of the house. It went from, you know, spot A to spot B. It was now further up, more in line with where the flag pole, the utility box — more in line with that. It had moved up the road. Thought it was weird that they hadn't come in.
MR. LALLY: Now, as far as the times that you're looking out — did you happen to make any note of — let me ask you this: taking you back to the Waterfall just for a second. When you were driving — or your wife was driving — from the Waterfall to 34 Fairview, what if anything did you observe? What was the weather doing?
MR. MCCABE: The snow had started to fall.
MR. LALLY: And at that initial time that you're going from the Waterfall to Fairview Road, was it sticking to the pavement or anything at that point?
MR. MCCABE: I believe there was a dusting. It was definitely falling. I don't think it was on like the main roads, but definitely a dusting of snow was falling.
MR. LALLY: Correct. And from that time after you arrived at the house, and shortly thereafter when you observed this dark SUV out in front of the house, had that changed at all as far as the accumulation or sticking to the pavement, roadway, grass, anything like that that you saw?
MR. MCCABE: Yes. Yes. At some point, at least on their road, in their grass, you could see the snow had started to — you know, it definitely was sticking on that road.
MR. LALLY: Now, you observed it initially in front of the door, then about three or four minutes later you observed it further up towards the flag pole. Correct?
MR. MCCABE: That's correct. Yes.
MR. LALLY: And each of these times, you're just standing at the door or standing at the window staring out the entire time? Correct?
MR. MCCABE: No, just looking out, being like, "What the hell are they doing?" and going back to my seat.
MR. LALLY: And other than those two times that you've already testified about, was there any subsequent time after that?
MR. MCCABE: Yes. I definitely looked out a third time out the door.
MR. LALLY: And the third time that you looked out the door, where was the dark SUV in relation to where it had been the second time?
MR. MCCABE: It had now proceeded further up the road — past the flag pole, past the utility box, past the fire hydrant — more in line with between the yards. I believe there's bushes and trees that separate the Alberts' residence to the next residence. So it was actually past the Alberts' residence and a little further up. I'd say more on the edge of the property line — if you're looking out of their house, the neighbors to their right.
MR. LALLY: Now, this distance between the second time that you saw it and the third time that you saw it, do you have any idea about how much distance that was or how many feet?
MR. MCCABE: I'd be guessing 30, 40 feet. I don't know. I have no idea. I'd have to measure it.
MR. LALLY: Now, with respect to the snow that had fallen on the ground — as far as the vehicle was concerned, it moves from one point to the second point, third point — did you observe any sort of tire marks or anything in the snow out on the road when you looked out?
MR. MCCABE: Yes, I did.
MR. LALLY: And the tire marks that you observed, they essentially lead up to the back tires of the dark SUV that you saw out there?
MR. MCCABE: At some point I looked out and noticed tire marks that would have started before the Jeep. So if the Jeep was here — so where it — just a weird, like a wave. It was a weird wave in the road. You could see the tire marks.
MR. LALLY: And was that before or after — so at some point Miss Nagel goes out to some other vehicle and then comes back inside the house? Correct?
MR. MCCABE: Yes, sir. That's correct.
MR. LALLY: You know about how long she was outside of the house for?
MR. MCCABE: I'd be guessing a minute. I'm not sure. Just not a terribly long time.
MR. LALLY: No, no, not at all. And so the time that you observed this sort of abnormality in the tire marks that you see out there, was that before or after she had come back inside the house?
MR. MCCABE: That would have been after.
MR. LALLY: So you don't know if that was from the dark SUV or whatever vehicle she had met.
MR. MCCABE: I have no idea.
MR. JACKSON: Objection.
JUDGE CANNONE: No — the form of the question. It's sustained. I heard the answer. Okay.
MR. LALLY: But you don't know. Correct?
MR. MCCABE: No. I — I didn't see — no.
MR. LALLY: And that was my next point. As far as when you saw the vehicle — as far as each of those three times — it was stationary each time you saw it? Correct?
MR. MCCABE: The first two times, definitely stationary. The third time looked stationary. If it was going maybe half a mile per hour, I'm not sure, but it was further up the road. It looked to me it was stationary, but like I said, if for some reason it was moving, it could have been moving.
MR. LALLY: Now, each time that you saw the vehicle, was it in the same sort of position with respect to the house? By that I mean, was it on the Alberts' — was it on the 34 Fairview side of the road or the other side, or where was its position with respect to the road?
MR. MCCABE: Same — same position. Parked parallel to the Alberts' house, heading forward as if you were going to leave Fairview to head up to Chapman Street, heading away from the house.
MR. LALLY: So each time that you observed the vehicle, you were looking at sort of the passenger side of that vehicle. Correct?
MR. MCCABE: That is correct.
MR. LALLY: And at any point in time, either of these three occasions that you observed the vehicle, did you see anybody outside?
MR. MCCABE: I did not.
MR. LALLY: Did you see any footprints around the vehicle, or leading away from the vehicle, or across the yard or anything like that?
MR. MCCABE: I did not.
MR. LALLY: And were you able to see inside of the vehicle from where you were, either from the window or from the storm door at the front door?
MR. MCCABE: I could not, or I did not see anything inside.
MR. LALLY: And further to that point, at any point in time that you observed this vehicle in front of the house, did you see any sort of interior lights on inside the vehicle?
MR. MCCABE: Not that I noticed.
MR. LALLY: Now, you saw it — one, two, three — were there any other times that you looked outside?
MR. MCCABE: I'm assuming I looked out, because at some point the vehicle was gone, so I must have looked out one more time because there was no vehicle there anymore. And again, I don't know if I just peeked out the window and said, "Oh, they left." Again, we didn't know where they were.
MR. LALLY: And do you know whether or not there had been any attempted communication by anyone in the house to Mr. O'Keefe at any point?
MR. MCCABE: Yes. My wife was trying to communicate with John, let him know he's here.
MR. LALLY: I'll let that stand. And at any point, you know — whether or not Mr. O'Keefe communicated back to Mrs. McCabe while they were out front of the house?
MR. JACKSON: Objection.
JUDGE CANNONE: Do you know — not how you know — do you know?
MR. MCCABE: Do I know if Mr. O'Keefe communicated back to Jen? Is that the question?
MR. LALLY: That's my question.
MR. MCCABE: No — no, she did not. Or — no, you don't know? Oh, no, sorry. No, she did not. Sorry.
MR. LALLY: I'll strike that. Now, Mr. McCabe, with regard to this — from the first time that you sort of get up and either look out the window or look out the door and see it in front of the front door — to the time that you look out and see it for the third time — or let me ask you this: from the time that you see it in front of the door to the time that you see that there's no vehicle there anymore, do you know how long a period of time that was?
MR. MCCABE: I'd say at least 10 minutes, could be 12, 13, 14 — I don't know the exact time, but it was out there for a little bit.
MR. LALLY: And so let me ask it this way: as far as from the first time to the second time, you have testified it was about three or four, five minutes, somewhere in there, correct?
MR. MCCABE: Correct.
MR. LALLY: Were the timings in between the times that you looked out relatively consistent with each other?
MR. MCCABE: Yes, they were.
MR. LALLY: So you look out, three or four minutes, look out again, three or four minutes, look out again — is that —
MR. MCCABE: Yes, that would be in line.
MR. LALLY: Correct. And at some point around 1:45 or 2 a.m., somewhere in there, is when you leave Fairview Road — is that correct?
MR. MCCABE: Yes.
MR. LALLY: You recall who drove your wife's vehicle home that night?
MR. MCCABE: I drove.
MR. LALLY: And if anyone else was in the vehicle, and where were they seated within the vehicle when you left?
MR. MCCABE: So we were driving — we were driving Sarah Levinson and Julie Nagel home. They were in the back seat of the vehicle. And my wife was in the passenger seat. I don't know who sat behind the passenger, who sat behind the driver, but they were in the back seat.
MR. LALLY: Judge, if — at this time, with the Court's permission, I'd like to publish with the jury for this witness Exhibits 71, 72, and 73. If I can have Exhibit 71 first. So Mr. McCabe, on the desk in front of you there should be a laser pointer there. If you just click that button to point at the screen. What I or anyone asks — first, just with reference to what's up on the screen as Exhibit 71 — do you recognize what that is, sir?
MR. MCCABE: Yes, I do.
MR. LALLY: What do you recognize?
MR. MCCABE: 34 Fairview, and — absence on the snowfall obviously — just essentially what the house looked like on that early morning of January 29th.
MR. LALLY: Yes, that's correct. And if you could — with relation to the window first, and then the storm door that you were talking about that you were looking out from the house — using the laser pointer, show the jury where — is that working?
MR. MCCABE: That would be the window, that'd be the storm door.
MR. LALLY: And with respect to the first placement — the first time that you look out and see the dark SUV in front of the house — is that visible in this photograph?
MR. MCCABE: Wait, can you repeat that?
MR. LALLY: Sorry. First time that you look out and see the dark SUV — is that position visible on this photograph?
MR. MCCABE: I'd probably catch the very back in, because there was a Jeep parked right here, right here. So it'd be right there.
MR. LALLY: Exhibit 72 — do you recognize what's up on the screen?
MR. MCCABE: Yes. Another photograph of the residence at 34 Fairview.
MR. LALLY: Is that correct?
MR. MCCABE: Yes.
MR. LALLY: If you could, using that laser pointer, could you show the jury — or demonstrate for the jury — where that vehicle was the first time that you saw it?
MR. MCCABE: Say right about here, in this general area.
MR. LALLY: The second positioning that you were talking about — is that visible on this photograph?
MR. MCCABE: No, it'd be further up the road.
MR. LALLY: If I could have Exhibit 73. Can you recognize what's depicted now in Exhibit 73?
MR. MCCABE: Yes, I do.
MR. LALLY: That secondary position that you observed the vehicle — is that visible?
MR. MCCABE: Yes, it is.
MR. LALLY: So if you could, sir, just direct the jury's attention — whereabouts?
MR. MCCABE: About in this general area, right here.
MR. LALLY: And the third positioning that you saw the vehicle?
MR. MCCABE: Yep, it'd be further up the road, give or take right there.
MR. LALLY: Thank you, Mr. McCabe, you can take — So, sir, you leave the residence at 34 Fairview. You recall — as far as the weather was concerned — what was the weather, what if anything had changed between the times that you were briefly out and the time that you came out to go home?
MR. MCCABE: The snow was starting to accumulate, the storm was starting to pick up a bit.
MR. LALLY: Is that correct?
MR. MCCABE: That is correct.
MR. LALLY: And when you came out of the house, the vehicle was in the driveway, correct?
MR. MCCABE: That's correct, yep.
MR. LALLY: And again, if you could — you're driving — who else is in the car and where are they?
MR. MCCABE: I'm in the driver's seat, my wife is in the passenger seat, and Julie and Sarah are in the seats directly behind us.
MR. LALLY: You recall who was seated where?
MR. MCCABE: I don't recall who was in what.
MR. LALLY: And you back out of the driveway and then you go — you recall where you were going, or who you were dropping off first?
MR. MCCABE: Yes. I back out of the driveway and proceed — back out of the driveway and proceed heading up towards Chapman Street.
MR. LALLY: And so with the passenger side of your vehicle, would that be facing closest to 34 Fairview at the time that you're driving away from it?
MR. MCCABE: Yes, that's correct.
MR. LALLY: And your testimony as far as the storm picking up a little bit — do you recall anything, did you have to clear off the car, windshield wipers on, or anything like that with reference to weather?
MR. MCCABE: Yes. I brushed the car off, I had to wipe the car off with my hand and clean off the windows before I pulled out of the driveway, and then obviously setting the windshield wipers as I was driving away.
MR. LALLY: Now, that area over — where the secondary position that you observed that dark SUV — over by the flagpole — you recall any sort of street lighting or any ambient overhead lighting in that area?
MR. MCCABE: I don't recall it, no.
MR. LALLY: As you're driving away from the house, you recall whether or not — was there any conversation or music playing or anything like that in the car driving away?
MR. MCCABE: Yeah, just chit-chat, you know — my wife was turned towards me, like turned in, talking to the girls behind me. I know at one point somebody was joking about — I don't know — peanut butter and jelly sandwich, or something about bread, I forget what it was. And then that was it. I drove up the street.
MR. LALLY: And as you were driving up the street and away from the residence at Fairview, what if anything did you observe — abnormal — on the side of the road? Were you looking at the side of the road?
PARENTHETICAL: [unclear]
COURT OFFICER: Watch Court. All right, goodbye. that's
MR. MCCABE: I was not. I was focusing on the snow coming down, the windshield wipers, and driving up the street.
MR. LALLY: And fair to say you didn't see anything in the yard or anything like that?
MR. MCCABE: That's correct.
MR. LALLY: So you drove each of the two young ladies home — is that correct?
MR. MCCABE: Yes, it is.
MR. LALLY: Do you know about what time it was that you got home yourself?
MR. MCCABE: I got home give or take somewhere — after 2, 2:10, 2:25ish — I don't know the exact time, but somewhere in that vicinity.
MR. LALLY: And when you got home, each of your four daughters, including Allie — were they all home at that point?
MR. MCCABE: The kids were home, correct.
MR. LALLY: And when you arrive in the house, you and your wife — where did you — well, first went in the kitchen?
MR. MCCABE: When we walked in, my wife proceeded upstairs before I did. I was in the kitchen for a few minutes and then went upstairs and went to bed.
MR. LALLY: And did your wife go to bed around the same time as you?
MR. MCCABE: Yeah, she — she might have already been laying in before I physically got in the bed, but yes.
MR. LALLY: And as far as — when you fell asleep, was your wife still awake or had she already fallen —
MR. MCCABE: She was still awake. We were — we were both awake. She actually wanted to watch a show, which I had no desire to watch. And she said — I was going to bed, we talked a little bit about my younger daughter — she was trying out for a basketball team, so we talked a little bit about that, and then that was it. I went to bed.
MR. LALLY: Turning your attention to the morning of the 29th —
MR. MCCABE: Yes.
MR. LALLY: The morning of the 29th — you woke up at some point, is that correct?
MR. MCCABE: Yes, that's correct.
MR. LALLY: And what if anything do you recall — what woke you up that morning?
MR. MCCABE: I woke up to screams in my bedroom.
MR. JACKSON: May we approach, just briefly?
JUDGE CANNONE: Okay. So we will send you home. Please make sure you follow those three cautions: do not discuss this case with anyone, don't do any independent research or investigation into this case, if you happen to see, hear, or read anything about this case please disregard it. Let us know. Tomorrow is the full day — we'll see you tomorrow. Thank you very much.
COURT OFFICER: All rise for the court, please. :