Commonwealth v. Read — Trial ArchiveMatthew McCabe — Direct (Part 1)
721 linesWhereupon, MATTHEW MC CABE having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: All right, Mr. Lally. Whenever you're ready.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good morning, sir.
MR. MCCABE: Good morning.
MR. LALLY: Would you please state your name and spell your last name for the jury, sir?
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 will 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 place.
MR. LALLY: So where do you live currently and how long have you lived there?
MR. MCCABE: Currently, it will be 10 years this June.
MR. LALLY: And where did you live prior to that?
MR. MCCABE: Prior to that -- do you want the physical address?
MR. LALLY: Yes.
MR. MCCABE: 15 Sutcliffe Ave. I was there for 10 years, as well.
MR. LALLY: With respect to both locations, who, if anyone, do 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 McCabe been married?
MR. MCCABE: Twenty-two. 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 your daughters?
MR. MCCABE: I'm 49.
MR. LALLY: I'm sorry.
MR. MCCABE: My daughters?
MR. LALLY: That's okay, sir. Your daughters. How old are your daughters?
MR. MCCABE: Twenty, 18, 16 and 15.
MR. LALLY: And your oldest daughter is Alli McCabe; is that right?
MR. MCCABE: Yes. That's correct.
MR. LALLY: 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 firm.
MR. LALLY: And how long have you been doing that?
MR. MCCABE: I think I'm coming on 15 years.
MR. LALLY: And does your wife work?
MR. MCCABE: No.
MR. LALLY: So what does your wife do?
MR. MCCABE: Stay at home. Raises the kids. Homemaker.
MR. LALLY: If I could turn your attention to January 28th into January 29th of 2022. Do you recall those dates?
MR. MCCABE: Yes, I do.
MR. LALLY: Do you recall what days of the week they were?
MR. MCCABE: Friday into Saturday.
MR. LALLY: Did you work that day, on the Friday?
MR. MCCABE: Yes, I did.
MR. LALLY: And, at that point, do you recall, were you working like in an office or remotely? If you know.
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 if I was actually physically in the office. Sometimes I'll go in for a few hours. So I don't recall exactly if I was home or in the office that day.
MR. LALLY: So regardless, at some point you sort of wrap up work for the day. And where did you go?
MR. MCCABE: Yes. I finished up work and met some friends at a restaurant in Canton before my daughter's basketball game.
MR. LALLY: So on that evening, your daughter had a basketball came; 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: And is that the varsity game?
MR. MCCABE: Yes.
MR. LALLY: And which of your daughters, as far as age is concerned, which of your daughters was playing basketball for Canton High School at that time?
MR. MCCABE: That would be my second oldest, who is --
MR. LALLY: I'm sorry. Go ahead.
MR. MCCABE: My second oldest.
MR. LALLY: Okay. So you, after work, 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. It just went by "the Junction."
MR. LALLY: Okay. And who, if anyone, did you meet there just in general?
MR. MCCABE: A handful of folks that play -- whose daughters play basketball on the same team with my daughter.
MR. LALLY: So just sort of a group of parents who had kids on the basketball team?
MR. MCCABE: Yes. That's correct.
MR. LALLY: And was your wife, Jennifer, 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 like a typical time that that game would start or a game would be scheduled for?
MR. MCCABE: Yes.
MR. LALLY: And what time was that generally?
MR. MCCABE: Typically 6:00 or 6:30 would be the normal time. I don't remember if it was a 6:30 start that night or -- actually, I think it was a 6:30 start. But typically 6:00 or 6:30.
MR. LALLY: Okay. 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: Was it a home game, a road game, if you recall?
MR. MCCABE: That evening, it was a home game.
MR. LALLY: Do you recall anything about the game as far as who they were playing or if they won or anything like that?
MR. MCCABE: Yes. They were playing the town of 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 as far as with respect to the kids and basketball?
MR. MCCABE: As like the youth years?
MR. LALLY: Yes.
MR. MCCABE: 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: Okay. So fair to assume that she had also coached several of the girls that 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'd 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. The game is over and then what is sort of the plan from there or where do you go from there?
MR. MCCABE: After the game, 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 there, but she was there, as well.
MR. LALLY: So she was a student at Canton High School at that time, as well?
MR. MCCABE: Yes, she was.
MR. LALLY: So she is 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 from there?
MR. MCCABE: After dropping my daughters off, my wife and I proceeded to the Waterfall in Canton Center.
MR. LALLY: And do you recall what -- you were just in one vehicle when you left the house and went to the Junction and 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 was my wife's vehicle. I believe it was a Suburban or a Yukon. I forget which one, what brand it was.
MR. LALLY: So some kind of SUV; is that correct?
MR. MCCABE: Yes. It's 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, 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: Just to be clear as far as who we are talking about, your wife's sister, what's her name?
MR. MCCABE: Nicole Albert.
MR. LALLY: And is Nicole married?
MR. MCCABE: Yes, she is.
MR. LALLY: And what's 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 is 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 is his name?
MR. MCCABE: His name is Brian, as well.
MR. LALLY: So essentially Brian Albert, Jr., even if he's not --
MR. MCCABE: Yes. I believe he's a junior. Yes.
MR. LALLY: Okay. 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 sort of the basketball parents that evening or any other evening?
MR. MCCABE: Yes. So we had a group text with the basketball parents, a handful of us, where after some of the games, we would meet up afterwards. This evening, I know we sent, Jen or 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 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 are they?
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 are looking at the front door of the Waterfall, we were parked in the parking lot down 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?
MR. MCCABE: Correct. I parked in the parking lot. Yes.
MR. LALLY: And, when you came into the Waterfall, who, if anyone, did you see there and 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: And where were they sitting in relation to the Waterfall?
MR. MCCABE: When you walk in the front door, I believe there's three long tables that are set up. We passed -- they were in the third table, long table, closest to the bar, across from -- there was also a band. They were right across from a little band.
MR. LALLY: So there was a live band there, as well?
MR. MCCABE: Yes, there was.
MR. LALLY: Now, 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 as well as in the parking lot, I was talking to a friend of mine on the phone.
MR. LALLY: And do you recall just generally what the conversation was about?
MR. MCCABE: Yes.
MR. LALLY: And what was it about?
MR. MCCABE: It was about my daughter, my oldest daughter, Alli, 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 with this person, this is 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? Did you have a 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 connected that evening.
MR. LALLY: Okay. Now, with respect to it being your wife's car, when 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 you look at it that way, it would be my wife's, because it was her car.
MR. LALLY: So the car would probably recognize her device over your device, correct?
MR. MCCABE: That is correct.
MR. LALLY: Now --
MR. MCCABE: Actually, I started the call definitely on my phone because my kids -- 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 on it. I don't remember. But I must have been listening on my -- holding it in my hand.
MR. LALLY: And, when you come into the Waterfall, do you recall about what time that was?
MR. MCCABE: 9:00 o'clock, give or take a couple minutes.
MR. LALLY: And, again, you come over to a table closest to the bar. And who is in the group when you get there?
MR. MCCABE: When we arrived, it was Nicole; Caitlin; Caitlin's boyfriend, Tristin; Chris Albert and 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. And Jen, obviously.
MR. LALLY: To 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, these were people that were either sort of family or friends of yours or your wife's?
MR. MCCABE: Oh, yes. That's correct. Family and friends. Correct.
MR. LALLY: 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: Okay. 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, of the other people were drinking, as well?
MR. MCCABE: Yes. 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 on that occasion?
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 there throughout the course of the night, did you note anyone in your group either at that time or subsequent 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 their drinking sort of commensurate with the amount that you were drinking?
MR. MCCABE: I wasn't paying attention to see who was drinking or 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 but give or take something there. But, again, I wasn't paying attention to see if anybody was drinking faster than somebody else or et cetera.
MR. LALLY: And, in that sense, sort of how long were you at the Waterfall that night?
MR. MCCABE: I got there at nine and left a little after 12. So a little over three hours.
MR. LALLY: So roughly 9:00 o'clock to about midnight or so, correct?
MR. MCCABE: Yes. I recall leaving a little after midnight. Correct.
MR. LALLY: Okay. 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. It could have been 15, 20 minutes. I don't remember the exact time that Nick's wife, Karina, came. And give or take 45 minutes, an hour after that, Brian Albert, Sr. and Brian Higgins showed up. And around eleven-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 people, but let me ask first about as far as Caitlin's boyfriend, Mr. Morris, how long was he there that night?
MR. MCCABE: I don't recall how long he was there. I do know he had left. He had mentioned something about working that evening. There was 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 are brothers; is that right?
MR. MCCABE: Yes. That's correct.
MR. LALLY: And Christopher Albert's wife is 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 has been so for years, as far as you know?
MR. MCCABE: As far as I know, yes. They have 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, four times. I don't know exactly how many. But I knew who he was.
MR. LALLY: And knew who he was 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, Sr. and Brian Higgins had been prior to them coming 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, Sr. and Brian Higgins, they were in law enforcement; is that correct?
MR. MCCABE: Yes.
MR. LALLY: Now, you mentioned that at some point around 11:00 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 clarity purposes for the record, do you see Ms. Read in the courtroom today?
MR. MCCABE: Yes, I do.
MR. LALLY: Can you just describe as to where she is seated or an article of clothing that she's wearing?
MR. MCCABE: She is seated at the table with her attorneys. Do you want me to describe her clothing?
MR. LALLY: If you could.
MR. MCCABE: Black sweater, I'm not sure, or dress.
MR. LALLY: Your Honor, I'd just ask that the record reflect identification of the defendant by the witness.
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Now, with regard to Mr. O'Keefe first, how was it that you knew 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: Specifically, you're referring to (c) and (c) (c) ; is that correct?
MR. MCCABE: That is correct.
MR. LALLY: So their mother and father tragically passed away and Mr. O'Keefe then 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 Sutcliffe?
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: A couple hundred yards. Two different streets. It was a neighborhood with multiple streets. My house was on Sutcliffe. Drive down Sutcliffe, maybe pass one, two, three 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 to -- 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, (c) ?
MR. MCCABE: Yes. My third daughter is the same age, same grade, as (c) .
MR. LALLY: And about this time that John had moved in his house, close to the house you were living on Sutcliffe, about how old was your daughter and his niece, (c) ?
MR. MCCABE: I believe it was kindergarten. How old would you be in kindergarten? Seven. I don't know.
MR. LALLY: I think kindergarten suffices. So fair to say they were very young, correct?
MR. MCCABE: Yes.
MR. LALLY: And, with reference to the kids, what, if any, beyond being sort of neighbors, what, if any, relationship did either you or your wife have with regard to Mr. O'Keefe and specifically his niece and nephew?
MR. MCCABE: I'm sorry. Could --
MR. LALLY: It's a very long question. Let me see if I can shorten it up.
MR. MCCABE: I couldn't hear the end of it.
MR. LALLY: Around that time that Mr. O'Keefe moved in with his niece and nephew and took over guardianship of them, what, if any, relationship beyond being neighbors did yourself and/or your wife have with respect to Mr. O'Keefe and the kids?
MR. MCCABE: Oh, yeah. We had a good relationship, especially my wife. She was having the kids the same age, (c) 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 (c) , myself, a couple times in soccer. And my wife also coached her in basketball. So play dates. Things of that nature. At various times we'd go out with John where he would meet up somewhere where we were. So a friendly relationship where, in essence, John was acting as a mother and a father. So he'd 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, (c) , 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 younger age?
MR. MCCABE: They were very close in the young age. (c) would spend a lot of time at our house, spend a lot of time sleeping over. So they were very close.
MR. LALLY: And (c) , in particular, how close was she with your wife, Jennifer?
MR. MCCABE: (c) was close with Jen. (c) was mature well beyond the other girls in regards to just -- she was bright, and 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 Sutcliffe, correct?
MR. MCCABE: That is correct.
MR. LALLY: And do 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.
MR. LALLY: And about how far away from the house on Sutcliffe was your new house?
MR. MCCABE: It's right up the street. Driving in a car, two minutes. I don't know. A mile and a half. I'm not sure of the exact distance, but not far away.
MR. LALLY: And where did John and the kids move to?
MR. MCCABE: They moved a little further away. They were probably a couple of miles away, two and a half, three miles. Again, I don't know the exact distance. Not far. That side of town, everything is 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 (c) , 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, Ms. Read, when was it that you first met her?
MR. MCCABE: It was probably 2020. We met her summertime of I think it was the COVID year. It was 2020, summer.
MR. LALLY: And do you recall the circumstances of that or how you came to meet her at that time?
MR. MCCABE: Yes, I do.
MR. LALLY: And can 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 on 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. He specifically wanted to introduce Karen to my wife, Jen.
MR. LALLY: And do you know why that was?
MR. MCCABE: Yes. Because they were dating, and he informed my wife that Karen had (c) and my wife has (c) So he thought it would be good for the two of them to get to know each other, could have conversations with each other, obviously both suffering from (c)
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'd say her diagnosis, nine years. I don't remember the exact date. I want to say about nine years.
MR. LALLY: And so Mr. O'Keefe; Ms. Read, the defendant; and the two children came over the house that day; is that correct?
MR. MCCABE: Yes. That's correct.
MR. LALLY: And about how often did you see Ms. Read from that summer of 2020 until about the time of January 2022?
MR. MCCABE: I would see her. There was a couple other times that John and Karen came by the house with the kids. I'd also see her at sporting events, whether it was soccer or whether it was basketball. I'd see her at events, whether it was practices, picking somebody up. I would see Karen around.
MR. LALLY: And, as far as you knew or what, if anything -- let me ask you this: As far as your relationship with Mr. O'Keefe, is someone he was dating or what was going on with 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, if he would --
MR. LALLY: Yes.
MR. MCCABE: No. I don't recall ever having any conversations about his relationships with me directly.
MR. LALLY: And that applies to the defendant, Ms. Read, and it applies to any other relationship while the two of you were friends, correct?
MR. MCCABE: Correct.
MR. LALLY: Now, turning your attention back to the Waterfall on the evening of the 28th, when Mr. O'Keefe and the defendant come in, where is it that they went in relation to the group at the high top when they first came in?
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 when they came over to the table?
MR. MCCABE: 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 sort of side of the table or where were you situated in relation to the table and who, if anyone, was situated around you?
MR. MCCABE: Yes. If you -- if I was to be 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. Nicholas Kolokithas was right next to me. There was a wall. It's kind of thin. The table ends. There is a little space, and there is a wall right behind you. Nick was there. I was there. Jen, Karina were on this side most of the time. Brian and Brian were on the opposite side of the table, to my recollection. I mean, there was obviously some movement around, but I spent most of the time -- again, if the table is coming across, standing on the end. I did sit down for a little bit, as I recall. But definitely on the edge of the long table.
MR. LALLY: Is it fair to say the Kolokithases 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 had a daughter, as well, the same age as (c) . I don't know if they hung out with them but fair to say that obviously my family was there, Jen's family. So yes. I'd say in general, correct.
MR. LALLY: I'm sorry. I'm just going to wait for the siren to go by. Now, sir, if I could ask, as far as Mr. O'Keefe was concerned, do 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 shirt and jeans. I don't know exactly what he was wearing.
MR. LALLY: And do 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.
MR. LALLY: And is that pretty typical for him?
MR. MCCABE: 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 he was at a pool and maybe it was a summer drink for him. I'm not sure.
MR. LALLY: Okay. Fair enough.
MR. MCCABE: I think I gave him a hard time.
MR. LALLY: Now, with reference to Ms. Read that night, what, if anything, did you observe her to be drinking or have with her?
MR. MCCABE: She was drinking a clear liquid. I just assumed it was a vodka soda or vodka something.
MR. LALLY: And, as far as the -- 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. It could have been vodka and water. I don't know.
MR. LALLY: Now, do you know where the two of them, meaning 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 over from across the street from C.F. McCarthy's.
MR. LALLY: Now, let me ask you this: As far as you were going to the Waterfall or your understanding was that it was your nephew, Brian Albert, Jr.'s birthday, correct?
MR. MCCABE: Yes.
MR. LALLY: And was he at the Waterfall at any time when you were there?
MR. MCCABE: No.
MR. LALLY: And, at some point, did you learn where he was?
MR. MCCABE: 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 of 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 at large?
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. Just a normal evening.
MR. LALLY: And, as far as the defendant and Mr. O'Keefe were concerned, from 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 courses of the evening at the Waterfall?
MR. MCCABE: No, I did not.
MR. LALLY: You mentioned that you had left the Waterfall sometime after midnight; is that correct?
MR. MCCABE: Yes. That's correct.
MR. LALLY: 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: Starting with Mr. O'Keefe, what, if any, conversation, generally speaking, do you recall having with Mr. O'Keefe that evening?
MR. MCCABE: I believe that night -- I think that night he was out because (c) -- maybe they just got the acceptance for (c) . He was so excited about her acceptance to Bishop Feehan, a local high school.
MR. LALLY: And that was something that you were aware of that she had applied for to get into that school, correct?
MR. MCCABE: Yes.
MR. LALLY: With respect to Ms. Read, what, if any, conversations do you recall in regard to her?
MR. MCCABE: Normal conversation. 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 you do it? How do you raise four girls? You guys look happy. And I actually joked to her. I said, well, we're at a bar. Yeah. 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: And the band that had been playing before, were they still playing or had they --
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, you know, packing up all 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 and things of that nature?
MR. MCCABE: Yes. So Brian Albert, Brian Higgins and Nicole were packed up, leaving before us. Then my wife, Karen; Karina; 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 they said 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 guys coming back. You know, 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 go 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. We 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. You know, whoever is around and 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 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, discussion was there in regard to his brother, Christopher Albert? Let me ask you this: What, if any, other discussion other than going to your brother-in-law, Brian Albert's house was there at the table in regard to places to go afterward?
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, you know, a hundred yards or whatever across 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. We have done that in the past where we have wrapped up for the night. We have 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 go subject ourselves to late night pizza. So we said, no, we're not going to D&E, though we had conversations. Karen 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 Mr. Kolokithas, and you walk out of the Waterfall, you go over to your car in the parking lot; is that right?
MR. MCCABE: 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 it a better way. Where was she seated within the vehicle?
MR. MCCABE: Sorry. She was in the driver's seat.
MR. LALLY: Okay. So you get in the front passenger side; is that right?
MR. MCCABE: That is 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 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 to just call him instead of texting him back.
MR. LALLY: So rather than text while driving, you advise her, just call him back?
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 left on Sherman and 34 Fairview. And that initial call was just giving him the address and telling him Sherman is 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 had come from Sherman, from Chapman Street. We referenced -- my wife referenced a friend of (c) 's who lives off of Fairview. We said, do 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 (c) 's, what was her name?
MR. MCCABE: Her name is (c) .
MR. LALLY: Do you recall whether it was you or your wife that made reference to (c) '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 someone, the (c) child was someone, who was friends with both your daughter and with (c) ; is that correct?
MR. MCCABE: Yes.
MR. LALLY: Around the same age?
MR. MCCABE: Same age. Same grade.
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 of 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 saying "I" or "we"?
MR. MCCABE: We're on our way. Okay. Great. We're on our way.
MR. LALLY: Okay. And from, obviously, the earlier interaction that you had 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 Ms. Read in the background at any point?
MR. MCCABE: I do not recall hearing Ms. Read, no.
MR. LALLY: Now, about how far a drive or how long a drive is it, roughly, from the Waterfall to 34 Fairview, if you know?
MR. MCCABE: The way I would go, four minutes, give or take. Five minutes. There's multiple ways but it 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 the house?
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, correct?
MR. MCCABE: Yes, I am.
MR. LALLY: You've been there several times before this evening?
MR. MCCABE: Yes, I have.
MR. LALLY: Essentially, there's two garage doors on the house? There's one on the left and one on the right; is that correct?
MR. MCCABE: Yes.
MR. LALLY: And do you recall whether or not your wife parked on the left side of the driveway or the right side of the driveway?
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, you know, kind of more in the middle. 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: So she pulls into the driveway. She parks. You guys go in the house, correct?
MR. MCCABE: Yes.
MR. LALLY: And, when you get inside the house, who, if anyone, do you observe there?
MR. MCCABE: When we entered the house, we observed Caitlin; Brian, Jr. Brian had two friends there, Julie Nagel and Sara Levinson; Brian Higgins and Brian Albert, Sr.
MR. LALLY: And where in the house --
MR. MCCABE: 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 in the -- when you walk in the front door, to your right there is a table and then there's an open floor where it goes right to the kitchen and the room with 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: Yes.
MR. LALLY: And about how long a period of time were you there at 34 Fairview that night?
MR. MCCABE: I'd say a little over an hour. No. An hour and forty, hour and -- I got there about 12:20-ish and left at 1:40. 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, 2:00 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: Okay. So fair to say so tension, no arguments, nothing like that while you were at the house?
MR. MCCABE: No.
MR. LALLY: And do you recall sort of what you were doing while you were at the house or what the group was doing?
MR. MCCABE: Kind of 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: The foolish video that you're talking about, 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."
MR. LALLY: And do you recall, generally speaking, what was in the video or why it was a foolish video, as you've 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. We were kind of picking on my sister-in-law.
MR. LALLY: 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?
MR. MCCABE: Yes.
MR. LALLY: And you're familiar with them? Your wife is friends with Julie, correct?
MR. MCCABE: Yes.
MR. LALLY: Okay. And you know their children, as well; is that right?
MR. MCCABE: Yes, I do.
MR. LALLY: Okay. 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: So you didn't see him that night at all?
MR. MCCABE: Never saw him.
MR. LALLY: And, obviously, you know your oldest daughter, Alli, correct?
MR. MCCABE: Yes, I do.
MR. LALLY: And, at any point in time when you were at 34 Fairview, did you see her, her vehicle or anything? Did you have any knowledge that your daughter, Alli, was there at the time that you were there?
MR. MCCABE: No, she wasn't.
MR. LALLY: So 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 is 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. You know, I know Julie Nagel went into that room because she was looking out the door. 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: And how long was that in reference to after you arrived and then when you happened?
MR. MCCABE: Again, I don't now the exact time. I'm going to say it could have been three minutes. It could have been three minutes. It 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 Ms. Levinson and Ms. 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, you know, when you arrived there on the 28th or the 29th?
MR. MCCABE: Ms. Levinson I did not know. First time I met her. I definitely had met Julie before. She had -- you know, Brian and her hang out. So I definitely met her. I don't know if it was previous to this or after this, but Julie, you know, has helped my nephew, Brian, when we go on vacation. We have a dog, and Brian would usually be the go-to to, you know, let the dog out, et cetera. And I know Julie has helped him. I just don't know if that was previous to that or after. But I definitely had met Julie before, yes.
MR. LALLY: Okay. So you had met her before but essentially met her as a friend of your nephew's, correct?
MR. MCCABE: Yes.
MR. LALLY: Not someone that you knew particularly well; is that fair to say?
MR. MCCABE: Correct. I didn't know her well.
MR. LALLY: So after about three to five minutes or so after you arrive, you observe Ms. Nagel looking outside, correct?
MR. MCCABE: 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 Ms. Nagel or Ms. Levinson or both in regard to getting home?
MR. MCCABE: Yes. We informed my wife 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 Ms. Levinson or Ms. Nagel lived; is that correct?
MR. MCCABE: No idea.
MR. LALLY: So you didn't really know what you signed up for as far as driving them home; is that correct?
MR. MCCABE: 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 Ms. 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," like 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 is the front door of the house.
MR. LALLY: 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? Is that -- if you know.
MR. MCCABE: That would be the front door, I would call the storm door. Yes. I could see out the front. There is another door, if you're looking at the house, the front door, windows, and then there is another door. Julie looked out or went out through that door. I either -- at that point, I either looked out the window or walked over to the front door, which would be the opposite door.
MR. LALLY: So 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: I noticed the big SUV parked in front of the house.
MR. LALLY: And do you know what color the SUV was?
MR. MCCABE: At the time, I didn't -- it was dark. I didn't know if it was a black SUV, a dark green, a 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, Ms. Read?
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 that Mr. O'Keefe drove around at that time?
MR. MCCABE: He had a smaller SUV. I don't remember the make.
MR. LALLY: Do you remember what color that was?
MR. MCCABE: No. 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 Ms. Nagel had left the house through the other door and gone outside; is that right?
MR. MCCABE: That's correct.
MR. LALLY: And, when you looked out, could you see Ms. 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 is a 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 just looked out the front door and noticed the car, to be like, oh, that's John. That was my focus. I didn't look for Julie.
MR. LALLY: Now, 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. 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 then after the Jeep was the SUV, the dark SUV.
MR. LALLY: And with respect to, just from your perspective, you're looking out. 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 like landmarks or anything else in the front yard area of your brother-in-law's house?
MR. MCCABE: Yes. So you look out. The driveway is to the left. If you look to the right, there is an island of like maybe rhododendrons or something, bushes. There is a flagpole. Right there is a utility, I believe it's a green utility box, I'm assuming it's a utility, kind of on the edge. There is a fire hydrant. All that stuff was to the right side of 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 had been a few minutes, 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. I 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." Now it's further up, more in sync of where the -- again, the flagpole, the utility box, more in sync with that. It had moved up the road. I 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 sort of -- well, 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 as far as what was the weather doing at that point?
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 the main roads but definitely a dusting of snow was falling. Correct.
MR. LALLY: 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 and their grass, you could see the snow had started to -- you know, it definitely was sticking on that road.
MR. LALLY: Now, you observe it initially in front of the door. Then about three or four minutes later, you observe it further up towards the flagpole, correct?
MR. MCCABE: That's correct. Yes.
MR. LALLY: And each of these times, you're not 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: Okay. Other than those two times that you've already testified about, was there any subsequent times 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 flagpole, 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, a little further up. I'd say more on the edge of the property line of the -- if you're looking out of the neighbors, to the right, if I'm looking out of their house.
MR. LALLY: Now, this distance between the second time when you saw it and the third time when you saw it, do you have any idea about how much distance that was or how many feet?
MR. MCCABE: I'd be guessing. Thirty, 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 to the 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, did they essentially lead up to the back tires of the dark SUV that you saw out there?
MR. MCCABE: At some point, I looked and noticed tire marks that would have started before the Jeep. So if the Jeep was here -- it was just a weird like wave. There 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, Ms. Nagel goes out to some other vehicle and then comes back inside the house, correct?
MR. MCCABE: Yes. That's correct.
MR. LALLY: Do you know about how long she was out of the house for?
MR. MCCABE: I'd be guessing. A minute. I'm not sure.
MR. LALLY: Just not a terribly long time; is that correct?
MR. MCCABE: No. No.
MR. LALLY: 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? You have no idea?
MR. YANNETTI: Objection.
JUDGE CANNONE: Can you answer that? Well, the form of the question. It's sustained.
BY MR. LALLY:
MR. LALLY: Do you know which vehicle left those abnormal tire marks you saw?
MR. MCCABE: Based off of where the tire marks were, came off the curb, I would have -- my assumption was it was the SUV.
MR. YANNETTI: Objection. Move -- I withdraw. I heard the answer. I withdraw.
BY MR. LALLY:
MR. LALLY: But you don't know, correct? You don't see either vehicle move?
MR. MCCABE: 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, it looked stationary. If it was going a half mile per hour -- I'm not sure, but it was further up the road. It looked to me like 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 as far as was it on the Alberts' -- was it on the 34 Fairview side of the road or the other side or where was it positioned with respect to the roadway?
MR. MCCABE: Yes. 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: And 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 of either of these three occasions that you observed the vehicle, did you see anybody outside of the vehicle?
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 did you -- were you able to see inside of the vehicle from where you were either from the window or from the storm door or the front door?
MR. MCCABE: I could not or I did not see anything inside.
MR. LALLY: 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 at Point 1, Point 2, Point 3. 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. 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 attempt at communication by anyone in the house to Mr. O'Keefe at any point?
MR. MCCABE: Yes.
MR. LALLY: And who was doing that?
MR. MCCABE: My wife was trying to communicate with John, letting him know that he's here.
MR. YANNETTI: Objection.
JUDGE CANNONE: I'll allow that in.
BY MR. LALLY:
MR. LALLY: At any point, do you know whether or not Mr. O'Keefe communicated back to Ms. McCabe while they were out in front of the house?
MR. YANNETTI: Objection.
JUDGE CANNONE: Do you know? Not how you know but do you know?
MR. MCCABE: Do I know if Mr. O'Keefe communicated back to Jen? Is that the question?
BY MR. LALLY:
MR. LALLY: That's my question. Yes.
MR. MCCABE: No.
MR. LALLY: No, she did not or, no, you don't know?
MR. MCCABE: Oh, no.
MR. YANNETTI: Objection.
MR. MCCABE: Sorry. No, she did not. Sorry.
JUDGE CANNONE: I'll strike that.
BY MR. LALLY:
MR. LALLY: 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 there is no vehicle there anymore, do you know how long a period of time that was?
MR. MCCABE: I'd say at least 10 minutes. It could be 12, 13, 14. I don't know the exact time, but it was out there for a little bit.
MR. LALLY: 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 or five minutes, somewhere in there, correct?
MR. MCCABE: Correct.
MR. LALLY: The timing in between the times you looked out, were they relatively consistent with each other?
MR. MCCABE: Yes, they were.
MR. LALLY: Okay. So you look out; three or four minutes, look out again; three or four minutes, look again. Is that --
MR. MCCABE: Yes. That would be in line. Correct.
MR. LALLY: And, at some point around 1:45 or 2:00 a.m., somewhere in there is when you leave Fairview Road; is that correct?
MR. MCCABE: Yes.
MR. LALLY: And do you recall who drove your wife's vehicle home that night?
MR. MCCABE: I drove.
MR. LALLY: And who, if anyone, else was in the vehicle and where were they seated within the vehicle when you left?
MR. MCCABE: So we drove -- we were driving Sara 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 and who sat behind the driver, but they were in the back seat.
MR. LALLY: Your Honor, at this time, with the Court's permission, I'd like to publish for the jury and this witness Exhibits 71, 72 and 73.
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, if I could have Exhibit 71 first?
BY MR. LALLY:
MR. LALLY: So, Mr. McCabe, in the desk in front of you there should be a laser pointer there. If you'd just click that button and point it at the screen or when I or anyone asks you to do so. First, just with reference as to what's up on the screen as Exhibit 71, do you recognize what that is, sir?
MR. MCCABE: Yes, I do.
MR. LALLY: And what do you recognize it to be?
MR. MCCABE: 34 Fairview.
MR. LALLY: And absence of the snowfall, obviously, is this essentially what the house looked like on that early morning of January 29th?
MR. MCCABE: Yes. That's correct.
MR. LALLY: 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, could you, using the laser pointer, show the jury where that is?
MR. MCCABE: That would be the window. That would be the storm door (indicating).
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? Sorry.
MR. LALLY: The first time that you look out and you see the dark SUV in front of the house, is that position, is that visible in this photograph?
MR. MCCABE: I probably catch the very back end because there was a Jeep parked right here. So it would be right there.
MR. LALLY: Ms. Gilman, if I could have Exhibit 72?
MR. LALLY: Again, sir, do you recognize what's up on the screen?
MR. MCCABE: Yes.
MR. LALLY: Is that another photograph of the residence at 34 Fairview; 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: I'd say right about here in this general area.
MR. LALLY: The second positioning that you were talking about, is that visible on this photograph, sir?
MR. MCCABE: No. It would be further up the road.
MR. LALLY: So, Ms. Gilman, if I could have Exhibit 73.
MR. LALLY: Again, do you recognize what's depicted now in Exhibit 73?
MR. MCCABE: Yes, I do.
MR. LALLY: And that secondary position that you observed the vehicle in, is it visible in this photograph?
MR. MCCABE: Yes, it is.
MR. LALLY: So if you could, sir, just direct the jury's attention to whereabout that would be?
MR. MCCABE: About in this general area right here
(indicating).
MR. LALLY: And the third positioning that you saw the vehicle in, can you describe where that was?
MR. MCCABE: That would be further up the road. I'd say right there (indicating.)
MR. LALLY: Thank you, sir.
MR. LALLY: Thank you, Ms. Gilman. You can take that down.
MR. LALLY: And so, sir, when you leave the residence at 34 Fairview, do you recall as far as the weather was concerned, what was the weather -- what, if anything, had changed between the times that you had looked out and the time that you came out to go home?
MR. MCCABE: The snow was starting to accumulate.
MR. LALLY: So the storm is starting to pick up a bit; 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.
MR. LALLY: And, again, if you could, you're driving -- who else is in the car and where are they in the car?
MR. MCCABE: I am in the driver's seat. My wife is in the passenger seat and Julie and Sara are in the seats directly behind us.
MR. LALLY: Do you recall who was seated where?
MR. MCCABE: I don't recall who was in what seat.
MR. LALLY: Okay. And you back out of the driveway, and then you go -- do 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 would the passenger side of your wife's 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 you had to -- did you have to clear off the car or windshield wipers on or anything like that in reference to the 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 -- the secondary position that you observed that dark SUV in over by the flagpole, do you recall any sort of like street lighting, ambient overhead lighting in that area?
MR. MCCABE: I don't recall it, no.
MR. LALLY: As you're driving away from the house, do you recall whether or not -- was there any conversation or music playing or anything like that in the car as you're driving away?
MR. MCCABE: Yeah. It was chitter chatter. 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 peanut butter and jelly sandwiches or something, something about bread. I forget what it was. And 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?
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: And do you know about what time it was that you got home, yourself?
MR. MCCABE: I got home give or take somewhere between after 2:00. 2:10, 2:15-ish. 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 Alli, 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 do the two of you go?
MR. MCCABE: Well, we first went in the kitchen. 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: Yes. She might have already been laying in bed before I physically got in the bed. But yes.
MR. LALLY: As far as you -- well, when you fell asleep, was your wife still awake or had she already fallen asleep?
MR. MCCABE: She was still awake. We were both awake. She actually wanted to watch a show which I had no desire to watch. I said I was going to bed. We talked a little bit about my younger daughter, about she was trying for a basketball team. So we talked a little bit about that. And then that was it. I went to bed.
MR. LALLY: Now, turning your attention to 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? Sort of what woke you up that morning?
MR. MCCABE: I woke up to screams in my bedroom.
MR. LALLY: Your Honor, may we approach just briefly?
JUDGE CANNONE: Okay.
(Whereupon, there was a sidebar conference as follows:)
MR. LALLY: I'm sorry. This is just selfishly on my own part. I was just looking at the time, and I don't know -- I'm not going to finish with him, and this might be the easiest place for me to pick up tomorrow with this witness. I can keep going if the Court wants.
MR. YANNETTI: I am completely fine with that.
JUDGE CANNONE: I was trying to figure out whether you were going to start with seven minutes. I didn't know if we had any more. Would you have started with seven minutes left?
MR. YANNETTI: No. No.
JUDGE CANNONE: Okay.
MR. YANNETTI: Yesterday, I should have come to sidebar to say should we end early. It was yesterday or the day before. Anyway, no. I'm fine with that.
JUDGE CANNONE: I don't have a problem with it.
MR. LALLY: Okay.
JUDGE CANNONE: Any surprises tomorrow? I mean, evidentiary issues? I'm going to let the jury go.
MR. YANNETTI: That's fine.
(Whereupon, the sidebar conference concluded.)
JUDGE CANNONE: Jurors, I'm told this is a good place to break. 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 and let us know. Tomorrow is a full day. We'll see you tomorrow. Thank you very much.
(Whereupon, the jury is escorted from the courtroom and excused for the day.)
JUDGE CANNONE: We are back on the record.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: Hold on. We are back on the record.
MR. YANNETTI: I just mentioned to Mr. Lally -- he's been kind enough to give us advance notice of the witnesses that he has lined up for the next day. And tomorrow, after Matt McCabe we've got Jen McCabe, Kerry Roberts and then two witnesses that I think are going to be fairly brief. So I just wanted to make sure there is nobody else after that, just so that -- we have binders and binders and binders of information.
JUDGE CANNONE: I understand. This is how I always tried cases and this is how the Norfolk County D.A.'s office -- who do you expect to have tomorrow, Mr. Lally?
JUDGE CANNONE: I anticipate we can finish up with Mr. McCabe. Then Jennifer McCabe will be after that. Kerry Roberts will be after that and then Laura Sullivan and Marietta Sullivan.
JUDGE CANNONE: Okay.
MR. LALLY: But my expectation just on sort of how cross-examination lengthwise has gone, I --
JUDGE CANNONE: And direct.
MR. LALLY: -- and direct. But I imagine -- I'd be surprised if we get to or even get through Ms. Roberts.
JUDGE CANNONE: I hope we do. The repetitive nature of the setup and where people were sitting is just -- stop that.
MR. LALLY: I was only doing it with reference to this witness, Your Honor, because I think it's germane as to when he's looking out and where he's going and looking out.
JUDGE CANNONE: Which is fine, but that was toward the end of your direct, the beginning of the direct. I think if you asked a question on who was there, who was there for the night, I think the jury has an answer at this point. So just try and cut it down now.
MR. LALLY: Absolutely.
JUDGE CANNONE: Okay. So we are all set for tomorrow?
MR. JACKSON: Just for prep purposes, do you have any idea --
JUDGE CANNONE: You need to come closer.
MR. JACKSON: Just for prep purposes, because I'd like to use the afternoon wisely, do you have any idea who you might have on Tuesday?
JUDGE CANNONE: I would love to know, too, but I'm not asking Mr. Lally that. If he wants to tell you that, that's fine.
MR. JACKSON: Okay. We can talk about it offline.
MR. LALLY: That's fine. Thank you.
JUDGE CANNONE: All right. We'll see you tomorrow.
(Whereupon, the Court adjourned at 12:55 p.m.)