Brian Loughran — Direct/Cross/Redirect/Recross

DIRECT EXAMINATION BY MR. YANETTI:

5 1:56:00

MR. YANNETTI: Good morning, sir. In a good, loud voice, would you state your name and spell your last name?

6 1:56:05

MR. LOUGHRAN: Sure. It's Brian Loughran. It's L-O-U-G-H-R-A-N.

7 1:56:11

MR. YANNETTI: And where are you from, sir.

8 1:56:12

JUDGE CANNONE: Mr. Loughran, I'm going to ask you to keep your voice up as loud as you can, sir.

9 1:56:16

MR. LOUGHRAN: Sorry.

10 1:56:17

JUDGE CANNONE: That's okay.

11 1:56:17

MR. YANNETTI: Maybe put your mouth as close to the mike as you can. But where did you grow up, sir?

12 1:56:23

MR. LOUGHRAN: Canton, Mass.

13 1:56:24

MR. YANNETTI: Is that where you live?

14 1:56:25

15 1:56:26

MR. YANNETTI: How long have you lived there?

16 1:56:29

MR. LOUGHRAN: About 35, 36 years.

17 1:56:33

MR. YANNETTI: And did you go to Canton public schools?

18 1:56:35

19 1:56:37

MR. YANNETTI: Now, in the course of living in Canton, were you familiar with the Albert family?

20 1:56:42

21 1:56:43

MR. YANNETTI: Which members of the Albert family were you familiar with?

22 1:56:47

MR. LOUGHRAN: All of them.

23 1:56:48

MR. YANNETTI: And when you say all of them, can you name the ones that you were familiar with?

24 1:56:53

MR. LOUGHRAN: I was familiar with Brian.

25 1:56:55

MR. YANNETTI: Brian Albert?

26 1:56:57

MR. LOUGHRAN: Chris Albert, Brendan Albert, Kevin Albert, and I believe Kathy Albert's the sister, but I'm not 100 percent sure on her first name.

27 1:57:07

MR. YANNETTI: Okay. And those are the siblings that you had contact with and were familiar with?

28 1:57:12

29 1:57:12

MR. YANNETTI: Did you know some better than others?

30 1:57:14

31 1:57:15

MR. YANNETTI: Whom did you know the best?

32 1:57:16

MR. LOUGHRAN: Chris Albert.

33 1:57:17

MR. YANNETTI: What is the age difference between you and Chris Albert?

34 1:57:21

MR. LOUGHRAN: I believe we're the same age.

35 1:57:23

MR. YANNETTI: Did you graduate high school with him?

36 1:57:26

MR. LOUGHRAN: He went to a different high school, but, yes.

37 1:57:29

MR. YANNETTI: Graduated at the same time?

38 1:57:30

MR. LOUGHRAN: Correct.

39 1:57:32

MR. YANNETTI: And with regard to your familiarity with Chris Albert, can you explain to the jury how you became familiar with him, and what your relationship with him has been?

40 1:57:41

MR. LOUGHRAN: I went to school with him, elementary school. We went to middle school, and then he transferred to a Catholic school. Then later in years, I began to work for Chris for D & E Pizza delivering pizzas.

41 1:58:01

MR. YANNETTI: Okay. And what -- approximately, what ages were you when you were delivering pizzas for D & E Pizza and Chris Albert?

42 1:58:11

MR. LOUGHRAN: I was 25, 26 years old.

43 1:58:15

MR. YANNETTI: And how many years did you deliver pizzas for him?

44 1:58:19

MR. LOUGHRAN: Up until I got married, 35.

45 1:58:23

MR. YANNETTI: So several years?

46 1:58:25

MR. LOUGHRAN: Eight years.

47 1:58:26

MR. YANNETTI: Eight years. Okay. And with regard to your interactions or knowledge of Kevin Albert, can you describe that?

48 1:58:35

MR. LOUGHRAN: Kevin Albert would be through D & E Pizza if he came in. Through the police department, we'd see him on details.

49 1:58:48

MR. YANNETTI: All right. And were you friendly with him?

50 1:58:51

51 1:58:52

MR. YANNETTI: With regard to Brian Albert, could you describe your interactions or your relationship with him?

52 1:58:56

MR. LOUGHRAN: Again through D & E Pizzas, delivering pizzas to his house. Cordial, polite, would say hello.

53 1:59:04

MR. YANNETTI: All right. So you're friendly with the Albert family?

54 1:59:07

MR. LOUGHRAN: Correct.

55 1:59:08

MR. YANNETTI: Now, back in January of 2022, where were you working?

56 1:59:14

MR. LOUGHRAN: I was working for the town of Canton.

57 1:59:16

MR. YANNETTI: In what department?

58 1:59:18

MR. LOUGHRAN: I was working in the sewer department.

59 1:59:20

MR. YANNETTI: Is that also called the water department?

60 1:59:22

MR. LOUGHRAN: Yes, water and sewer are combined.

61 1:59:25

MR. YANNETTI: And under what, you know, heading is that the water and --

62 1:59:30

MR. LOUGHRAN: It's DPW.

63 1:59:31

MR. YANNETTI: It's under the DPW, the Department of Public Works?

64 1:59:34

MR. LOUGHRAN: Correct.

65 1:59:34

MR. YANNETTI: Now, back in January of 2022, were you one of the regular snow plowers for the town of Canton?

66 1:59:41

67 1:59:43

MR. YANNETTI: And directing your attention to January 28th of 2022, do you remember that day?

68 1:59:53

69 1:59:54

MR. YANNETTI: What do you remember about that day the 28th?

70 1:59:58

MR. LOUGHRAN: It was a potential blizzard. We had been given a start time.

71 2:00:05

MR. YANNETTI: All right. And when you say you had been given a start time, what does that mean?

72 2:00:09

MR. LOUGHRAN: It means that we're expected to be in our trucks at a certain time on our route.

73 2:00:16

MR. YANNETTI: And who gives those instructions back in January of 2022?

74 2:00:22

MR. LOUGHRAN: The supervisor for Canton DPW.

75 2:00:25

MR. YANNETTI: And who was that at the time?

76 2:00:27

MR. LOUGHRAN: William Walsh.

77 2:00:28

MR. YANNETTI: Also known as Billy Walsh?

78 2:00:30

79 2:00:31

MR. YANNETTI: Now, when were you called in to do plowing that evening or early morning?

80 2:00:38

MR. LOUGHRAN: We were told to be in by 2:30.

81 2:00:40

MR. YANNETTI: And is that 2:30 a.m. or p.m.?

82 2:00:43

MR. LOUGHRAN: A.M.

83 2:00:43

MR. YANNETTI: Would that now be on January 29?

84 2:00:46

MR. LOUGHRAN: Correct.

85 2:00:48

MR. YANNETTI: So what time did you arrive at the DPW that early morning?

86 2:00:53

MR. LOUGHRAN: About 2:15.

87 2:00:55

MR. YANNETTI: When you got there, what did you need to do in order to go out plowing?

88 2:01:00

MR. LOUGHRAN: I needed to get into my truck and get that prepared to go out.

89 2:01:06

MR. YANNETTI: All right. And your truck, is there one that's specifically assigned to you when you plow?

90 2:01:11

91 2:01:12

MR. YANNETTI: And does that truck have any particular nickname?

92 2:01:14

MR. LOUGHRAN: Yes, it's called the "Frankentruck".

93 2:01:17

MR. YANNETTI: And why is it called the Frankentruck?

94 2:01:19

MR. LOUGHRAN: It is a truck that has a lot of different parts than what it's required. It's not parts that were made for that specific truck.

95 2:01:30

MR. YANNETTI: An older one?

96 2:01:31

MR. LOUGHRAN: Yes. It was a truck that was very uncomfortable at the beginning to use. So they tried to make it as comfortable as possible.

97 2:01:44

MR. YANNETTI: All right. And that particular truck, is it used for anything else other than snow plowing?

98 2:01:51

MR. LOUGHRAN: Yes, it's used for everyday use.

99 2:01:55

MR. YANNETTI: Now, so you get to the DPW at 2:15. You say that you get your truck ready. What is it that entail to get your truck ready, and how long does it take?

100 2:02:04

MR. LOUGHRAN: It takes about five minutes. We just basically, you need to make sure that it's got enough gas in it, so we're not going to the route and running out of diesel fuel, which is not good. It's just basically going over the truck, making sure, you know, you have everything you need for that night.

101 2:02:22

MR. YANNETTI: And do you plow alone or with someone?

102 2:02:24

MR. LOUGHRAN: By myself.

103 2:02:25

MR. YANNETTI: Now with regard to the visibility in your snow plow, Frankentruck, can you describe that for the for the jury, what you can see, what you can't see?

104 2:02:38

MR. LOUGHRAN: So the Frankentruck has an air ride suspension and air ride seat. So the seat is raised, so I can see over the hood, and I can see about 5 feet on either side of the passenger side, driver's side.

105 2:02:53

MR. YANNETTI: And when you say 5 feet, are you talking straight out from the --

106 2:02:57

MR. LOUGHRAN: From the windshield, straight out.

107 2:02:58

MR. YANNETTI: All right. And what if any lighting do you have on Frankentruck?

108 2:03:03

MR. LOUGHRAN: We have marking lights. We have two plow lights that are situated at the corners of the trucks, and it's up high. It illuminates very well. It very well seen.

109 2:03:21

MR. YANNETTI: Okay. And with the extra set of lighting that you just described, how far can you see off to the sides, in front of you, and directly in front of you?

110 2:03:32

MR. LOUGHRAN: Probably 5 feet on the sides.

111 2:03:35

MR. YANNETTI: You already testified to that 5 feet straight out.

112 2:03:38

MR. LOUGHRAN: Yep.

113 2:03:38

MR. YANNETTI: But what about the sides going forward?

114 2:03:41

MR. LOUGHRAN: It's, you know, it's hard to decide -- to put into words, but I can see a real long distance. The visibility is fine. I, you know, it is extremely -- if you gave me probably 5, 10 feet, 15 feet out, maybe even further.

115 2:04:07

MR. YANNETTI: Okay. All right. And with regard to the lighting, how light -- how much light does that give off?

116 2:04:14

MR. LOUGHRAN: Enormous amounts. It's almost driving with a spotlight.

117 2:04:18

MR. YANNETTI: And with regard to the air ride seats, what action did you take with those that particular night?

118 2:04:27

MR. LOUGHRAN: I raised it so that the bottom of my knees would hit the steering wheel.

119 2:04:33

MR. YANNETTI: And what if any extruction(sic) obstructions, I should say, were in front of you that would prevent you from seeing what's in front of you or to the side?

120 2:04:41

MR. LOUGHRAN: Nothing.

121 2:04:42

MR. YANNETTI: All right. Now, do you have a specific route assigned to you?

122 2:04:46

MR. LOUGHRAN: Yes, I do.

123 2:04:47

MR. YANNETTI: Can you describe that route? And by the way, that specific route, was that the one that you were assigned on January 29?

124 2:04:53

MR. LOUGHRAN: Correct.

125 2:04:54

MR. YANNETTI: Could you describe that for the jury?

126 2:04:55

MR. LOUGHRAN: Yes, it's a route that consists of Cedarcrest from Kings Road to Chapman Street and everything in between. There are a lot of streets I could name if you would like. But Fairview is one. Spring Lane is one. Cedarcrest, Kings Road. Those are pretty important roads that were, I would consider, major roads on my route.

127 2:05:28

MR. YANNETTI: All right. Now that particular night, if you got there at 2:15, what time do you think you were on the road by in Frankentruck?

128 2:05:36

MR. LOUGHRAN: I was on Cedarcrest about 2:30, 2:35.

129 2:05:43

MR. YANNETTI: Now, with regard to Cedarcrest, I would like to show you a map, if I can.

130 2:05:53

MR. YANNETTI: May I approach, Your Honor?

131 2:05:54

132 2:06:02

MR. YANNETTI: I've handed you a document. If you could just review that to yourself and then look up at me when you're done.

133 2:06:08

MR. LOUGHRAN: (Witness complies.)

134 2:06:11

MR. YANNETTI: Do you recognize what's depicted on that?

135 2:06:13

136 2:06:14

MR. YANNETTI: What is it?

137 2:06:14

MR. LOUGHRAN: It is my plow route and consisting of streets that I plow.

138 2:06:20

MR. YANNETTI: All right. And to be fair, that's a portion of your plow route, right?

139 2:06:24

MR. LOUGHRAN: Correct.

140 2:06:24

MR. YANNETTI: There are other areas of the city that you plow?

141 2:06:29

MR. LOUGHRAN: This actually depicts my actual physical route.

142 2:06:33

MR. YANNETTI: Oh, okay, great. And that's a fair and accurate representation of the streets as they existed back in January of 2022?

143 2:06:42

144 2:06:43

MR. YANNETTI: I would offer that, Your Honor.

145 2:06:44

JUDGE CANNONE: Any objection, Mr. Lally?

146 2:06:45

MR. JACKSON: No, Your Honor.

147 2:06:46

JUDGE CANNONE: Okay.

148

(Whereupon Exhibit No. 651, Map, was marked as an exhibit.)

149 2:06:51

MR. YANNETTI: And could I have permission to publish before the jury?

150 2:06:59

JUDGE CANNONE: Sure.

151 2:06:59

MR. YANNETTI: Okay. Now you just testified that you got to Cedarcrest I believe you said 2:30 to 2:35 or so?

152 2:07:06

MR. LOUGHRAN: Correct.

153 2:07:06

MR. YANNETTI: All right. As we look at this exhibit on the screen, are you going from right to left or left to right on Cedarcrest when you first approach Fairview?

154 2:07:19

MR. LOUGHRAN: Right to left.

155 2:07:20

MR. YANNETTI: Okay. So you're going sort of from the upper righthand corner of the diagram down Cedarcrest toward Fairview; is that accurate?

156 2:07:29

157 2:07:29

MR. YANNETTI: Can you take the laser pointer and just confirm that route for the jury? That's -- okay. Do you see that Fairview road? Are you able to read that writing?

158 2:07:45

MR. LOUGHRAN: I'm not to be honest with you. I'm sorry.

159 2:07:47

JUDGE CANNONE: Do you still have that map in front of you? Maybe that'll help him, Mr. Yanetti.

160 2:07:52

MR. YANNETTI: And actually, can I orient it so it's oriented just like that?

161 2:08:01

JUDGE CANNONE: Sure.

162 2:08:01

MR. YANNETTI: Okay. That's how it's up on the screen.

163 2:08:04

MR. LOUGHRAN: Okay.

164 2:08:10

MR. YANNETTI: And by the way, I should have asked this, but is it a -- in terms of the -- is it you can't read the writing, or you can't really see the outline of the streets?

165 2:08:20

MR. LOUGHRAN: Both.

166 2:08:22

MR. YANNETTI: Okay. Well, that's not going to help much. Okay. If we can have the lights back on.

167 2:08:27

MR. YANNETTI: With the Court's permission, could I leave that up on the screen while I ask a few more questions?

168 2:08:33

JUDGE CANNONE: Sure, except he still can't see it.

169 2:08:35

MR. YANNETTI: Right. No, I know, but the jury can, so I think it would be helpful for them.

170 2:08:38

MR. YANNETTI: All right. So you're coming down Cedarcrest, and would Fairview be on your left or your right when you first approach it?

171 2:08:47

MR. LOUGHRAN: When I first approach, it's on my left.

172 2:08:50

MR. YANNETTI: All right. Now, do you take that left at that time?

173 2:08:52

MR. LOUGHRAN: No, I do not.

174 2:08:53

MR. YANNETTI: Why not?

175 2:08:55

MR. LOUGHRAN: At the time I'm pushing snow, and we don't want to block any part of the road with snow, and taking a left would have left a rin(ph) row of snow. So I proceed to the end of Cedarcrest, do a cul de sac, and then head back up Cedarcrest.

176 2:09:14

MR. YANNETTI: So there's a cul de sac at the end of Cedarcrest?

177 2:09:16

MR. LOUGHRAN: Correct.

178 2:09:17

MR. YANNETTI: Dead end?

179 2:09:17

180 2:09:18

MR. YANNETTI: And you plow that?

181 2:09:19

182 2:09:20

MR. YANNETTI: All right. So then when you come back up is Fairview on your right or your left?

183 2:09:25

MR. LOUGHRAN: It is on my right.

184 2:09:26

MR. YANNETTI: What do you do?

185 2:09:27

MR. LOUGHRAN: I take that right and continue to plow.

186 2:09:31

MR. YANNETTI: Now, are you familiar with the Albert residence on Fairview Road?

187 2:09:37

188 2:09:37

MR. YANNETTI: How did you become familiar with that?

189 2:09:40

MR. LOUGHRAN: Growing up in Canton, I knew where they lived.

190 2:09:44

MR. YANNETTI: Can I have Exhibit 66 displayed with the Court's permission?

191 2:09:47

192 2:09:58

MR. YANNETTI: From where you are seated now, Mr. Loughran, are you able to see what's on the screen?

193 2:10:02

194 2:10:03

MR. YANNETTI: And do you recognize that?

195 2:10:05

196 2:10:05

MR. YANNETTI: What do you recognize that to be?

197 2:10:07

MR. LOUGHRAN: That is the Albert house, Brian Albert’s.

198 2:10:10

MR. YANNETTI: And when you were passing the Albert home on Fairview, the very first time you passed it, would it have been on your right or your left?

199 2:10:18

MR. LOUGHRAN: It would have been on my right.

200 2:10:21

MR. YANNETTI: What section of the road were you plowing at that point?

201 2:10:24

MR. LOUGHRAN: The middle of the road.

202 2:10:25

MR. YANNETTI: Why is that?

203 2:10:27

MR. LOUGHRAN: I start in the middle, and I angle right with the plow.

204 2:10:33

MR. YANNETTI: Now, I want to direct your attention to when you were -- your truck was essentially perpendicular to the driveway. You see the driveway in Exhibit 66?

205 2:10:46

MR. LOUGHRAN: Yes, I do.

206 2:10:47

MR. YANNETTI: When you were perpendicular to the driveway, where were your headlights pointed?

207 2:10:53

MR. LOUGHRAN: In front of me. In front of the truck.

208 2:10:56

MR. YANNETTI: I'm sorry?

209 2:10:57

MR. LOUGHRAN: In front of the truck.

210 2:10:59

MR. YANNETTI: And what were you able to see of the front lawn of the Albert residence that very first time you passed?

211 2:11:09

MR. LOUGHRAN: I was able to see the entire front lawn.

212 2:11:16

MR. YANNETTI: And about what time was it that you first passed 34 Fairview Road?

213 2:11:22

MR. LOUGHRAN: About 2:45.

214 2:11:28

MR. YANNETTI: Now, as you continued along past the driveway, did you continue to have all of those headlights on in front of you?

215 2:11:36

216 2:11:37

MR. YANNETTI: And as you continued along, what were you able to see of that front lawn, how much of it?

217 2:11:45

MR. LOUGHRAN: A very large portion, almost to the front steps.

218 2:11:52

MR. YANNETTI: And, now, when you're plowing, where is your attention focused, sir?

219 2:11:58

MR. LOUGHRAN: My attention is focused in front of me, and then to the sides.

220 2:12:03

MR. YANNETTI: Why would your attention be focused to the sides?

221 2:12:05

MR. LOUGHRAN: I am trying to be aware of any side traffic, any pedestrians, and God forbid, any animals.

222 2:12:17

MR. YANNETTI: And when you were passing the Albert residence, as you pass every home, what attention do you pay to the size of the road and the lawns that are adjacent to the road?

223 2:12:35

MR. LOUGHRAN: I'm again making sure that there are no animals, no pedestrians, and making sure no one's coming out of their driveways not expecting to see me.

224 2:12:46

MR. YANNETTI: And with regard to Exhibit 66, do you see the flagpole there?

225 2:12:50

226 2:12:50

MR. YANNETTI: Is that something you had seen previously?

227 2:12:53

228 2:12:55

MR. YANNETTI: And when you made that first pass by that residence at 2:45 in the morning, sir, with your headlights on, what, if anything, did you see on the front lawn in the area of the flagpole?

229 2:13:12

MR. LOUGHRAN: I saw nothing.

230 2:13:14

MR. YANNETTI: If there had been a 6 foot, 200 pound man lying in the snow there, would you have seen it?

231 2:13:29

MR. LALLY: Objection.

232 2:13:29

JUDGE CANNONE: Sustained.

233 2:13:29

MR. YANNETTI: Now, once you pass the residence, where do you go?

234 2:13:32

MR. LOUGHRAN: I go to the end of Fairview.

235 2:13:35

MR. YANNETTI: And what street does that intersect with?

236 2:13:37

MR. LOUGHRAN: That intersects with Chapman Street.

237 2:13:39

MR. YANNETTI: If we have the previous exhibit put back up with the Court's permission?

238 2:13:43

MR. LOUGHRAN: Sure.

239 2:13:55

MR. YANNETTI: Okay. Do you still have the exhibit oriented the same way, sir?

240 2:13:59

MR. LOUGHRAN: Yes, I do.

241 2:13:59

MR. YANNETTI: Where's Chapman Street on the exhibit? Down the bottom, the top, or which --

242 2:14:04

MR. LOUGHRAN: Down the bottom.

243 2:14:05

MR. YANNETTI: And when you come to the end of Fairview with Cedarcrest in your rear now, right?

244 2:14:12

MR. LOUGHRAN: Correct.

245 2:14:13

MR. YANNETTI: Do you take a left or a right on Chapman?

246 2:14:15

MR. LOUGHRAN: I take a left.

247 2:14:19

MR. YANNETTI: All right.

248 2:14:19

MR. LOUGHRAN: Onto Chapman.

249 2:14:21

MR. YANNETTI: Once you take that left, what do you do?

250 2:14:24

MR. LOUGHRAN: I back up and then take a left to go back down Fairview.

251 2:14:27

MR. YANNETTI: Okay. So you're essentially doing almost a three point turn in the road?

252 2:14:32

MR. LOUGHRAN: Correct.

253 2:14:33

MR. YANNETTI: All right. So now, do you go back down Fairview at that time?

254 2:14:37

MR. LOUGHRAN: Yes, I do.

255 2:14:38

MR. YANNETTI: And how far do you go down Fairview?

256 2:14:41

MR. LOUGHRAN: To the end. To Cedarcrest.

257 2:14:45

MR. YANNETTI: Now, at this point in time, you would also pass the Albert residence, correct?

258 2:14:49

MR. LOUGHRAN: Correct.

259 2:14:50

MR. YANNETTI: Would it be on your right or your left?

260 2:14:51

MR. LOUGHRAN: On my left.

261 2:14:53

MR. YANNETTI: Were you looking to the right and the left as you were coming down?

262 2:14:56

263 2:14:59

MR. YANNETTI: How much light did your headlights illuminate of the Albert's front lawn as you were coming down from Chapman Street?

264 2:15:07

MR. LOUGHRAN: Coming down Chapman, just about the entire front lawn.

265 2:15:11

MR. YANNETTI: And again, with regard to that area around the flagpole, did you see anything on the lawn?

266 2:15:17

MR. LOUGHRAN: Nothing.

267 2:15:18

MR. YANNETTI: Did you see a body?

268 2:15:19

269 2:15:21

MR. YANNETTI: All right. Now, after you've done these two passes, sir, where do you go?

270 2:15:26

MR. LOUGHRAN: I think take a ride onto Cedarcrest. I proceed up Spring Lane, come down Spring Lane, and then do the remaining in my route.

271 2:15:36

MR. YANNETTI: All right. How long did it take you before you wound up back at Cedarcrest and Fairview?

272 2:15:43

MR. LOUGHRAN: About 40, 45 minutes.

273 2:15:45

MR. YANNETTI: So I think you had previously testified you made the first pass around 2:45?

274 2:15:51

MR. LOUGHRAN: Correct.

275 2:15:52

MR. YANNETTI: So would that put us at about 3:30 when you're about to make the second pass?

276 2:15:57

MR. LALLY: Objection.

277 2:15:57

JUDGE CANNONE: Sustained. Ask it differently.

278 2:15:58

MR. YANNETTI: Sure. I'm sorry.

279 2:16:00

MR. YANNETTI: What time was it, to your best estimate, in terms of when you would have approached Fairview and Cedarcrest again?

280 2:16:07

MR. LOUGHRAN: 3:15 to 3:30.

281 2:16:09

MR. YANNETTI: All right. Now, when you approached that intersection, again, are you approaching it such that Fairview would be on your left or your right this time?

282 2:16:19

MR. LOUGHRAN: On my left.

283 2:16:20

MR. YANNETTI: Same as last time?

284 2:16:21

MR. LOUGHRAN: Correct.

285 2:16:22

MR. YANNETTI: What do you do when you approach Cedarcrest -- I'm sorry -- when you approach Fairview and it's on your left?

286 2:16:29

MR. LOUGHRAN: At that point, I have an option. I can go to the end of Cedarcrest, or I can turn around at a street, depending on how much snow I have on Fairview.

287 2:16:42

MR. YANNETTI: And with regard to the decision you made regarding that choice, what decision did you make on January 29, at --

288 2:16:48

MR. LOUGHRAN: Went all the way to the end.

289 2:16:50

MR. YANNETTI: Went all the way to the end of Cedarcrest?

290 2:16:52

MR. LOUGHRAN: Correct.

291 2:16:52

MR. YANNETTI: Same thing you did the first time?

292 2:16:54

MR. LOUGHRAN: Correct.

293 2:16:54

MR. YANNETTI: And then you come back up?

294 2:16:56

MR. LOUGHRAN: Correct.

295 2:16:58

MR. YANNETTI: Is Fairview on your right or your left at that time?

296 2:17:00

MR. LOUGHRAN: It would be on my right.

297 2:17:02

MR. YANNETTI: And did you take that right?

298 2:17:04

MR. LOUGHRAN: Yes, I did.

299 2:17:05

MR. YANNETTI: What, if anything, unusual did you see at that time?

300 2:17:09

MR. LOUGHRAN: At that point, I saw a Ford Edge on the side of the road.

301 2:17:14

MR. YANNETTI: Where was it parked on the side of the road?

302 2:17:17

MR. LOUGHRAN: In front of the Albert's house.

303 2:17:19

MR. YANNETTI: Where in front of the Albert's house?

304 2:17:21

MR. LOUGHRAN: By the flagpole.

305 2:17:23

MR. YANNETTI: And why was that unusual?

306 2:17:26

MR. LOUGHRAN: The Alberts never had cars that were parked out front. And if -- it just stuck out as weird.

307 2:17:35

MR. YANNETTI: Now, what were the snow conditions like at that point? This is now, I think you said about 3:15 to 3:30?

308 2:17:42

MR. LOUGHRAN: It's starting to accumulate a lot quicker than what it was previous.

309 2:17:48

MR. YANNETTI: And what policies does the DPW have regarding cars parked in the street during a blizzard where there's plowing to be done?

310 2:17:56

MR. LOUGHRAN: We are to notify the supervisor. At that point, he will make a phone call to the police, and depending on if they can have the resident move it, it gets moved. If not, it gets towed.

311 2:18:12

MR. YANNETTI: And with regard to that policy, did you comply with that policy in those early morning hours?

312 2:18:18

MR. LOUGHRAN: No, I did not.

313 2:18:19

MR. YANNETTI: Why?

314 2:18:20

MR. LOUGHRAN: Because I was being courteous to the Albert family.

315 2:18:25

MR. YANNETTI: Now, once you saw the Ford Edge park on the side of the road near that flagpole, what did you do?

316 2:18:31

MR. LOUGHRAN: I had to go around the vehicle and as to not hit the vehicle.

317 2:18:37

MR. YANNETTI: All right. And probably obvious, but as you're approaching the vehicle, was it faced in the same direction that you were traveling?

318 2:18:45

319 2:18:46

MR. YANNETTI: And so you're going around to the left or the right of the vehicle?

320 2:18:49

MR. LOUGHRAN: Left.

321 2:18:55

MR. YANNETTI: And once -- as you were approaching that vehicle, were you able to see on the right side of that vehicle what the lawn side?

322 2:19:05

323 2:19:07

MR. YANNETTI: Did you see any anything on the front lawn at that time?

324 2:19:11

MR. LALLY: Objection.

325 2:19:13

JUDGE CANNONE: I'll allow it. Did you see anything?

326 2:19:15

327 2:19:16

MR. YANNETTI: Your lights were still on?

328 2:19:18

MR. LOUGHRAN: Correct?

329 2:19:19

MR. YANNETTI: Now, once you pass the vehicle, did anything attract your attention at all?

330 2:19:25

331 2:19:25

MR. YANNETTI: All right. Where do you go?

332 2:19:27

MR. LOUGHRAN: I go up to the end of Fairview and do the same process. Take a left on this Chapman, back down Chapman, take a left into Fairview again.

333 2:19:39

MR. YANNETTI: Once you come back down Fairview, do you pass the Albert residence again?

334 2:19:43

MR. LOUGHRAN: Correct.

335 2:19:47

MR. YANNETTI: Was there -- that car that you saw --

336 2:19:51

MR. LOUGHRAN: Correct.

337 2:19:51

MR. YANNETTI: -- had it moved from when you passed it the first time?

338 2:19:55

339 2:19:57

MR. YANNETTI: Were you able to see the front lawn of the Albert's in front of it? As you were coming down Fairview toward Cedarcrest?

340 2:20:06

MR. LOUGHRAN: Not as much as the first time because the car blocked the view.

341 2:20:09

MR. YANNETTI: All right. Now after that, how long did it take you before you came back to that area to plow again?

342 2:20:21

MR. LOUGHRAN: About three hours.

343 2:20:23

MR. YANNETTI: Do you recall about what time it was that you wound up back on Fairview?

344 2:20:33

MR. LOUGHRAN: I don't honestly recall what specific time.

345 2:20:38

MR. YANNETTI: Sure. Approximately, if it was 3:15 to 3:30 that second time, what would be your best estimate of the time when you came back?

346 2:20:50

MR. LOUGHRAN: I would say I -- if I had to say, it would been 5:30 up Fairview.

347 2:20:56

MR. YANNETTI: Okay.

348 2:20:56

MR. LOUGHRAN: Came back down. And then at that point I wasn't able to come go further than Carriage Lane.

349 2:21:05

MR. YANNETTI: Okay. And when you say that you went up Fairview and came back down, you initially went from which side of Fairview?

350 2:21:14

MR. LOUGHRAN: Right side.

351 2:21:15

MR. YANNETTI: What would that be, the right side? I'm sorry. Would it be the Cedarcrest side or the --

352 2:21:20

MR. LOUGHRAN: It would have been Cedarcrest side.

353 2:21:22

MR. YANNETTI: Coming from Cedarcrest and then you went up Fairview, came back down?

354 2:21:26

MR. LOUGHRAN: Came back down. As I'm going up, I am actually seeing first responders, and at that point as I'm coming back down, the road is blocked at that point.

355 2:21:37

MR. YANNETTI: Okay. And when the road was blocked, what if any plowing were you able to do after that on Fairview?

356 2:21:46

MR. LOUGHRAN: I was able to go as far as Carriage lane and then turn around.

357 2:21:53

MR. YANNETTI: Okay. And then I imagine it was several hours before you could plow again?

358 2:21:58

MR. LOUGHRAN: Before I could plow Fairview to the end of Cedarcrest, yes.

359 2:22:02

MR. YANNETTI: All right. Now, I'd like to direct your attention to February 15th of 2022. Were you approached by an investigator who wanted to ask you questions about what you had seen and done on January 29th of 2022?

360 2:22:16

361 2:22:17

MR. YANNETTI: Do you remember his name?

362 2:22:19

363 2:22:20

MR. YANNETTI: What is it?

364 2:22:20

MR. LOUGHRAN: Paul.

365 2:22:22

MR. YANNETTI: And what was your understanding about whom Paul worked for?

366 2:22:27

MR. LALLY: Objection.

367 2:22:28

JUDGE CANNONE: Ask it differently.

368 2:22:30

MR. YANNETTI: On February 15th of 2022, were you ever approached by anybody in law enforcement, sir?

369 2:22:38

370 2:22:39

MR. YANNETTI: So what was your understanding of Paul -- Paul's job?

371 2:22:43

MR. LALLY: Objection.

372 2:22:43

JUDGE CANNONE: I'll see counsel at sidebar.

sidebar Police Interview Timing and Accident Report

373

(Sidebar commences:

374

JUDGE CANNONE: So before I hear the objection, I have no idea who this is. Who's Paul?

375

MR. YANNETTI: Paul Markowski is our investigator. That's all. I just wanted to point out that he spoke to our investigator in February of 2022, the police did not talk to him until sometime in 2023. It's on a Bowden issue.

376

JUDGE CANNONE: Okay. So you can say that the police -- you can bring out that the police didn't talk to him.

377

MR. YANNETTI: Okay.

378

JUDGE CANNONE: What's the nature of your objection?

379

MR. LALLY: Leading and irrelevant.

380

JUDGE CANNONE: So you can just point out when, if ever, he spoke to the police.

381

MR. YANNETTI: Oh, that's fine. One question while we're here, Judge. The Commonwealth had given us an old accident report, I think from 2015, where this witness was backing up and kind of struck a pedestrian. I don't know if Mr. Lally intends to go into that, but we would be objecting to that.

382

JUDGE CANNONE: Do you intend to go into that?

383

MR. LALLY: I do, but I was going to approach before I do.

384

JUDGE CANNONE: Okay. So we'll wait until then.

385

MR. YANNETTI: That's fine.

386

end of sidebar.)

Direct

387 2:24:08

MR. YANNETTI: Just a couple of questions, Mr. Loughran.

388 2:24:11

MR. LOUGHRAN: Sure.

389 2:24:11

MR. YANNETTI: At any point in 2022, were you ever approached by any police investigators, sir?

390 2:24:21

391 2:24:23

MR. YANNETTI: When was the first time that you were approached by the state police in this case; do you recall?

392 2:24:31

MR. LOUGHRAN: I don't recall the actual date, but I do know --

393 2:24:36

MR. YANNETTI: Year?

394 2:24:37

395 2:24:38

MR. YANNETTI: What year was that?

396 2:24:41

MR. LOUGHRAN: 2023.

397 2:24:43

MR. YANNETTI: And do you recall the name of the investigator that approached you?

398 2:24:50

MR. LOUGHRAN: Mike, Mike Proctor and sergeant I can't pronounce his name. I don't want to.

399 2:24:57

MR. YANNETTI: If I said Bukhenik, would that ring a bell?

400 2:24:58

MR. LOUGHRAN: Yes, it is.

401 2:25:14

MR. YANNETTI: I have nothing further. Thank you, sir.

402 2:25:16

JUDGE CANNONE: Okay, Mr. Lally.

403 2:25:18

MR. LALLY: Thank you, Your Honor.

Cross

404

CROSS-EXAMINATION BY MR. LALLY:

405 2:25:49

MR. LALLY: Good morning, sir.

406 2:25:50

MR. LOUGHRAN: Good morning.

407 2:25:51

MR. LALLY: Your Honor, may I approach?

408 2:25:53

409 2:25:53

MR. LALLY: Sir, I'm showing you a document that's already been marked as Exhibit 109. I'll just ask you to look at that and look up whenever you're finished, okay?

410 2:26:24

MR. LOUGHRAN: (Witness complies.) Yes.

411 2:26:24

MR. LALLY: Do you recognize that, sir?

412 2:26:26

MR. LOUGHRAN: Yes, I do.

413 2:26:27

MR. LALLY: And what do you recognize that to be?

414 2:26:29

MR. LOUGHRAN: These are the plow routes for from the town of Canton.

415 2:26:32

MR. LALLY: And there's different numbers that are associated with different routes and different drivers assigned to those routes; is that right?

416 2:26:38

417 2:26:39

MR. LALLY: And if you look down at number 11, is that your route that you were talking about as far as the sort of portion of Cedarcrest neighborhood that you plow?

418 2:26:48

419 2:26:49

MR. LALLY: And that's the route that you were assigned to on January 28, into January 29th of 2022, correct?

420 2:26:55

421 2:26:57

MR. LALLY: Now, if I could ask just as far as there's a certain way that you plow a row -- a rue -- yeah, excuse me. There's a certain way that you plow a road, correct?

422 2:27:10

MR. LOUGHRAN: Correct.

423 2:27:11

MR. LALLY: And when you're first plowing the road, you're sort of plowing the middle of the road, correct?

424 2:27:14

MR. LOUGHRAN: Correct.

425 2:27:14

MR. LALLY: And you do it in sort of a fashion that's referred to as ring row to the right?

426 2:27:19

427 2:27:20

MR. LALLY: Can you explain to the jury what that is and sort of why you're plowing a road in that particular fashion when you're first starting to get out there with a plow?

428 2:27:28

MR. LOUGHRAN: So ring row to the right refers to the snow coming off the plow. It actually leaves a row of snow. We ring row to the right to prevent cars from having to go through the ring row to the left. If you go to the left, you've now put the ring row in the middle of the last left hand lane. So everything's to the right.

429 2:27:53

MR. LALLY: So everything's to the right, because if there was a vehicle coming the other way, you'd be plowing into that vehicle; is that correct?

430 2:27:58

MR. LOUGHRAN: Correct.

431 2:27:59

MR. LALLY: And your goal sort of when you're first getting out there to plow the roads is to sort of clear the middle of the roadway first, correct?

432 2:28:05

MR. LOUGHRAN: Correct.

433 2:28:06

MR. LALLY: So that's where your truck is when you first go out and plow the road as you're sort of in the middle of the road near the double yellow line if there is one on that road?

434 2:28:13

MR. LOUGHRAN: Correct.

435 2:28:14

MR. LALLY: Okay. Now, this truck that you were driving, this truck that you were driving on that day, how long have you been assigned to that truck for plowing purposes?

436 2:28:23

MR. LOUGHRAN: I was assigned to that truck for probably two years, maybe longer.

437 2:28:29

MR. LALLY: Maybe longer. Were you driving that same truck in 2015?

438 2:28:31

439 2:28:33

MR. LALLY: No. Okay. So you were driving a different truck at that point?

440 2:28:35

MR. LOUGHRAN: Correct.

441 2:28:36

MR. LALLY: Do you remember what kind of truck that was?

442 2:28:38

MR. LOUGHRAN: It was an F550 utility truck, pickup truck.

443 2:28:42

MR. LALLY: Similar in size or shape to the truck that you were driving that day?

444 2:28:45

445 2:28:47

MR. LALLY: Now, you were asked some questions about February 15, 2022, and you spoke to some investigator on that day, correct?

446 2:29:03

MR. LOUGHRAN: February 15?

447 2:29:05

MR. LALLY: Yes, 2022. That Paul person you were talking about.

448 2:29:08

449 2:29:09

MR. LALLY: Okay. And you met him at a skating rink; is that right? A Correct.

450 2:29:15

MR. LALLY: And you said in a statement to him at that time that you would have seen a body on the front lawn or the sidewalk; is that right?

451 2:29:21

MR. LOUGHRAN: Correct.

452 2:29:22

MR. LALLY: Now, you're -- are you aware that there is no sidewalk on the same side of the street as 34 Fairview Road?

453 2:29:27

MR. LOUGHRAN: Correct.

454 2:29:28

MR. LALLY: Now, you mentioned some familiarity with the Alberts and with the Albert residence. Are there other people on that route that you're familiar with as far as where they live and who they are and all that?

455 2:29:37

456 2:29:37

MR. LALLY: And how -- are you equally familiar with them, more familiar with them, or less familiar with them?

457 2:29:42

MR. LOUGHRAN: Equally.

458 2:29:48

MR. LALLY: Equally. Now, your familiarity with 34 Fairview Road, does that extend to sort of the lighting around that area?

459 2:29:55

460 2:29:56

MR. LALLY: So do you know that there is actually no street lighting whatsoever in the area of the fire hydrant, a flagpole, or anywhere there for several hundred feet?

461 2:30:04

MR. LOUGHRAN: Correct.

462 2:30:04

MR. LALLY: So you do know that?

463 2:30:06

MR. LOUGHRAN: I -- yeah, for the -- I believe so, yes.

464 2:30:13

MR. LALLY: And so when you're driving by, you're looking for cars coming out of the driveway, cars coming in the opposite direction, people walking; is that correct?

465 2:30:22

MR. LOUGHRAN: Correct.

466 2:30:23

MR. LALLY: And you're trying to look for those objects so that you make sure that you don't strike them or hit them or anything like that, correct?

467 2:30:40

MR. LOUGHRAN: Correct.

468 2:30:40

MR. LALLY: And on February 15, 2022, when you had this meeting with Paul, you told him about 3:30 or 4:-00 a.m. is when you saw this Ford Edge on Cedarcrest, correct?

469 2:30:52

MR. LOUGHRAN: Correct.

470 2:30:53

MR. LALLY: Now, in fact, when you first spoke to this individual named Paul, you didn't tell him it was a Ford Edge, correct?

471 2:30:59

MR. LOUGHRAN: Nope, I told him it was a Ford Edge.

472 2:31:00

MR. LALLY: You didn't tell him first that it was a small SUV?

473 2:31:04

MR. LOUGHRAN: No. Told him it was Ford Edge.

474 2:31:06

MR. LALLY: You remember at any time Paul taking you out in the parking lot and showing you different vehicles and asking you if those vehicles matched what vehicle you saw?

475 2:31:14

MR. LOUGHRAN: No. He wanted to make sure that what I was telling him was accurate, so he showed me what was a Ford Edge, but I had already told them it was a Ford Edge.

476 2:31:28

MR. LALLY: So he brought you out to the parking lot at the skating rink that you were meeting at, specifically showed you a Ford Edge, and asked you if that was the vehicle?

477 2:31:36

MR. LOUGHRAN: Correct.

478 2:31:37

MR. LALLY: Now do you know sort of the difference between if you were to see a Ford Edge at night time in a snowstorm, the difference between a Ford Edge and a Jeep Cherokee?

479 2:31:45

480 2:31:46

MR. LALLY: What's the difference?

481 2:31:47

MR. LOUGHRAN: The tail lights in the back.

482 2:31:49

MR. LALLY: What about them?

483 2:31:50

MR. LOUGHRAN: Ford Edge is a more round, the whole back facade is a little bit more round. Jeep Cherokee are more square.

484 2:32:02

MR. LALLY: Now, what color was this SUV that you saw?

485 2:32:05

MR. LOUGHRAN: I can't tell you that. I am colorblind.

486 2:32:08

MR. LALLY: Can you tell -- and I don't -- I'm just curious, sir, as far as your colorblindness, can you tell whether or not an object is dark or light just by looking at it or you can't tell at all?

487 2:32:17

MR. LOUGHRAN: I can see things that are light. I can see things are dark. I can see true colors. I can't see shades of true colors.

488 2:32:27

MR. LALLY: And so from what you saw, was this light or dark?

489 2:32:31

MR. LOUGHRAN: Light.

490 2:32:38

MR. LALLY: Now, you told this Paul individual on February 15, that the SUV that you saw was exactly where Mr. O'Keefe's body was found, correct?

491 2:32:47

MR. LOUGHRAN: Correct.

492 2:32:48

MR. LALLY: How do you know where his body was found?

493 2:32:50

MR. LOUGHRAN: I told him specifically if he was looking at the door, the front door, it was about 3 feet to the left of the door. The width --

494 2:33:01

MR. LALLY: To the left of the door?

495 2:33:02

MR. LOUGHRAN: Looking at the front of the door, to the left of the door, pushing it up Fairview.

496 2:33:08

MR. LALLY: So if he wrote in his report that you told him that the vehicle was exactly where the body was found, that would not be true?

497 2:33:14

MR. YANNETTI: Objection.

498 2:33:15

JUDGE CANNONE: I'll allow that.

499 2:33:18

MR. LOUGHRAN: Could you repeat that question, please?

500 2:33:20

MR. LALLY: If he wrote in this report that you told him that the SUV was exactly where the body was found, that would not be true, would it -- would it not?

501 2:33:28

MR. LOUGHRAN: That would be true. The car -- the car was to the left of the door, putting it in front of the flagpole.

502 2:33:38

MR. LALLY: My question for you, sir, is how do you know where Mr. O'Keefe's body was found? At any point in time, did you see Mr. O'Keefe's body on the front lawn?

503 2:33:46

504 2:33:47

MR. LALLY: So how do you know where Mr. O'Keefe's body was found?

505 2:33:50

MR. LOUGHRAN: Through police reports, police interviews, stuff that was post -- posted on -- on the media.

506 2:33:58

MR. LALLY: Are you seeing police reports in the media, correct?

507 2:34:00

MR. LOUGHRAN: Well, not the police reports. I'm sorry. But what was said during -- on the news.

508 2:34:07

MR. LALLY: So what you've heard on the news, not necessarily what you saw or what you know yourself, correct?

509 2:34:13

MR. LOUGHRAN: Can you repeat that question, please?

510 2:34:15

MR. LALLY: You're recounting sort of what you've heard or saw in the news, and so this doesn't come from your personal knowledge or anything about where Mr. O'Keefe was, correct?

511 2:34:24

MR. LOUGHRAN: Correct.

512 2:34:24

MR. LALLY: Okay. Now you also spoke with some other individuals in May of 2023, correct?

513 2:34:32

MR. LOUGHRAN: Correct.

514 2:34:32

MR. LALLY: Now, did you tell those individuals that you actually came in, and when you say came in, you come into sort of the main sort of hub or the shed on Bolivar Street, correct?

515 2:34:42

MR. LOUGHRAN: Correct. We punch in.

516 2:34:44

MR. LALLY: That's where you punch in and you pick up your truck, and you sort of do your checkpoint around the truck, and then you go out and plow?

517 2:34:50

MR. LOUGHRAN: Correct.

518 2:34:51

MR. LALLY: Now, you were plowing on this street. Was there any other sort of subcontractor or anything else that was working plowing the roads as well?

519 2:35:00

520 2:35:01

MR. LALLY: And who was that?

521 2:35:02

MR. LOUGHRAN: It was -- it was By the Yards Landscaping.

522 2:35:09

MR. LALLY: And so they assist as far as the plow route is concerned, and they go around and they plow things on the same route that you were describing, correct?

523 2:35:15

MR. LOUGHRAN: Correct.

524 2:35:16

MR. LALLY: Now, these other people that you talked to in May of 2023, did you tell them at that time that you actually came in around 11:30 p.m. to 12:00 a.m.?

525 2:35:26

MR. LOUGHRAN: I don't remember that.

526 2:35:28

MR. LALLY: You don't remember that, or you didn't tell them?

527 2:35:30

MR. LOUGHRAN: I don't remember that.

528 2:35:33

MR. LALLY: That would be a significant difference, 11:30 p.m. to 12:00 a.m. from 2:15 a.m. to 2:30 a.m., correct?

529 2:35:40

MR. LOUGHRAN: Correct.

530 2:35:43

MR. LALLY: Now you also indicated to them at that time that you went past Fairview at approximately 12:00 a.m. and 2:00 a.m., correct?

531 2:35:50

MR. LOUGHRAN: I never did 12:00, but it was definitely 2:30, 2:40 --

532 2:35:54

MR. LALLY: So if they wrote that in their report --

533 2:35:57

MR. LOUGHRAN: -- 2:35 --

534 2:35:57

MR. LALLY: -- that would be inaccurate as well, correct?

535 2:35:59

MR. YANNETTI: Objection.

536 2:36:00

JUDGE CANNONE: Sustained. And only one person can talk at a time.

537 2:36:02

MR. LALLY: I apologize. I'm sorry, sir. Please continue and finish your answer.

538 2:36:07

MR. LOUGHRAN: I didn't hear the question.

539 2:36:09

MR. LALLY: Okay. Well, let me ask it again. So as far as if that was contained within a report regarding that conversation in May of 2023, that you went past Fairview Road or went down Fairview Road at 12:00 a.m. and 2:00 a.m., that would not be accurate, correct?

540 2:36:24

MR. YANNETTI: Objection.

541 2:36:26

JUDGE CANNONE: Sustained. Ask it differently.

542 2:36:27

MR. LALLY: Did you go down Fairview Road at 12:00 a.m. and 2:00 a.m.?

543 2:36:31

544 2:36:31

MR. LALLY: If that were contained in a report of your conversation you had in May of 2023, would that be accurate?

545 2:36:37

MR. YANNETTI: Objection.

546 2:36:37

JUDGE CANNONE: Sustained. Ask it differently, Mr. Lally.

547 2:36:42

MR. LALLY: Now as far as that conversation that you had in May of 2023, did you tell those individuals that you saw the vehicle around 1:30 or 2:00 in the morning?

548 2:36:51

MR. LOUGHRAN: Again, I don't remember ever saying that.

549 2:36:55

MR. LALLY: Is that accurate as far as whether or not you told them that?

550 2:36:59

MR. LOUGHRAN: Again, I don't remember saying that.

551 2:37:03

MR. LALLY: Did you see a vehicle around one-thirty, two o'clock in the morning?

552 2:37:06

MR. LOUGHRAN: I wasn't on the road at one-thirty or two o'clock in the morning.

553 2:37:09

MR. LALLY: Correct. Now, do you also recall telling those individuals that Fairview Road was blocked off by cruisers at about 3:00 or 3:30 in the morning?

554 2:37:21

MR. LOUGHRAN: Again, that would have been incorrect.

555 2:37:25

MR. LALLY: Do you recall saying that in May of 2023?

556 2:37:28

MR. LOUGHRAN: I do not.

557 2:37:30

MR. LALLY: May I approach, Your Honor?

558 2:37:31

JUDGE CANNONE: Yes. Show counsel. Thank you.

559 2:37:55

MR. LALLY: Sir, I'm going to ask you to read -- showing you a document, I'm going to ask you to read this paragraph, this paragraph, and this paragraph to yourself, okay? And then whenever you're done, just look up, okay?

560 2:38:52

MR. LOUGHRAN: (Witness complies.)

561 2:38:55

MR. LALLY: Are you finished, sir?

562 2:39:01

563 2:39:03

MR. LALLY: Okay. May I approach just to retrieve the document?

564 2:39:05

565 2:39:05

MR. LALLY: Mr. Loughran, after having reviewed that, is your memory refreshed as to that conversation you had in May of 2023?

566 2:39:12

MR. LOUGHRAN: No, it does not.

567 2:39:13

MR. LALLY: So you still, after reading that, don't recall telling anybody in May of 2023, that you came in around 11:30 p.m., 12:00 a.m. on the 28th, 29th?

568 2:39:24

MR. LOUGHRAN: I never came in at 11:30, 12:30 at night. It was 2:30 call in.

569 2:39:29

MR. LALLY: You don't recall indicating to anyone in May of 2023 that you went past Fairview at 12:00 a.m. and 2:00 a.m.?

570 2:39:36

MR. LOUGHRAN: Correct. Never did.

571 2:39:37

MR. LALLY: And you don't recall telling anyone that you saw the car around 1:30 or 2:00 a.m.; is that correct?

572 2:39:42

MR. LOUGHRAN: Correct.

573 2:39:43

MR. LALLY: You don't recall telling anybody that the part of Fairview containing 34 Fairview was blocked off at 3:00 or 3:30 a.m., correct?

574 2:39:52

MR. LOUGHRAN: Correct.

575 2:39:53

MR. LALLY: Now, if the part of Fairview that you were talking about, so you didn't say that in May of 2023, because at 3:00 or 3:30, the roadway wasn't blocked off, correct?

576 2:40:07

MR. LOUGHRAN: Correct.

577 2:40:07

MR. LALLY: It was blocked off sometime around 6:00 a.m., correct?

578 2:40:11

MR. LOUGHRAN: Correct.

579 2:40:11

MR. LALLY: Okay. And so if you had said that the roadway was blocked off at 3:00 or 3:30 in the morning, and it was actually 6:00, then when you saw the vehicle, it would have been off a little bit as well, correct?

580 2:40:22

MR. YANNETTI: Objection.

581 2:40:23

JUDGE CANNONE: Sustained.

582 2:40:34

MR. LALLY: Seeing the car at 1:30, 2:00 in the morning with the road being rocked off -- blocked off -- excuse me -- at 3:00 or 3:30 in the morning, if the road's blocked off at 6:00 a.m., then that actually would have meant you saw a car sometime around 5:00 a.m., correct?

583 2:40:50

MR. YANNETTI: Objection.

584 2:40:50

JUDGE CANNONE: Sustained.

585 2:40:51

MR. LALLY: You sure you didn't see a black Lexus SUV in front of the house at 34 Fairview Road around 5:00 a.m.?

586 2:40:56

587 2:41:01

MR. LALLY: Now you also were asked some questions, and you spoke to some troopers in August of 2023, correct?

588 2:41:07

MR. LOUGHRAN: Correct.

589 2:41:09

MR. LALLY: And the town of Canton, they have a parking ban in Canton; is that correct?

590 2:41:13

MR. LOUGHRAN: Correct.

591 2:41:14

MR. LALLY: That goes from November until April?

592 2:41:16

MR. LOUGHRAN: Correct.

593 2:41:20

MR. LALLY: Now, part of your plow route is -- is a road called Tippycart, correct?

594 2:41:25

MR. LOUGHRAN: Correct.

595 2:41:26

MR. LALLY: Where is Tippycart in relation to Fairview?

596 2:41:30

MR. LOUGHRAN: It is on top of -- it's on the right side of Cedarcrest. It would put it two streets before Fairview.

597 2:41:45

MR. LALLY: And at some point, when you were plowing on Tippycart that night, you actually hit a basketball hoop; is that right?

598 2:41:50

599 2:41:52

MR. LALLY: And did you call that in?

600 2:41:54

601 2:41:57

MR. LALLY: And as a result of that, what happened with the basketball hoop after that?

602 2:42:02

MR. LOUGHRAN: Nothing. The point was to make sure I was covered, basically. That's why I notified my supervisor that I hit the basketball hoop.

603 2:42:13

MR. LALLY: And about what time was that that you hit the basketball hoop?

604 2:42:16

MR. LOUGHRAN: I don't recall.

605 2:42:19

MR. LALLY: Was it closer to when you started, closer to when you ended?

606 2:42:24

MR. LOUGHRAN: I don't recall. I don't recall what time.

607 2:42:28

MR. LALLY: So you don't recall anything specific about that time frame, correct?

608 2:42:31

MR. LOUGHRAN: No, just that I know I hit the basketball net.

609 2:42:34

MR. LALLY: And obviously, and I'm not trying to put words in your mouth or anything, sir, but you didn't intentionally hit the basketball hoop, correct?

610 2:42:41

MR. LOUGHRAN: Correct.

611 2:42:42

MR. LALLY: So you hit it because you didn't see it, correct?

612 2:42:44

MR. LOUGHRAN: No, I was attempting to avoid the net by going around it, and the machine had a different sized body than what it originally had, and I over -- I underestimated when I was going around that I needed to be wider.

613 2:43:04

MR. LALLY: So you misjudged the distance; is that fair to say?

614 2:43:07

615 2:43:07

MR. LALLY: May we approach, Your Honor?

616 2:43:09

JUDGE CANNONE: Okay.

sidebar 2015 Plowing Pedestrian Incident

617

(Sidebar commences:

618

MR. LALLY: I intend to ask him about striking a pedestrian in 2015.

619

JUDGE CANNONE: So tell me what the -- the purpose of that is.

620

MR. LALLY: The purpose of that is, Your Honor, that's a small truck and he's in a plow truck. He's doing plowing for the town of Canton, and this witness has testified that he always checks all over the place, he always knows where everything is around and I think that's belied by the fact that he struck a pedestrian driving a smaller truck in 2015.

621

JUDGE CANNONE: Was it during a blizzard while he was plowing?

622

MR. LALLY: While he was plowing. I don't know if it was a blizzard or not, but it's while he was plowing for the town of Canton. It's a DPW truck.

623

JUDGE CANNONE: And the purpose is what?

624

MR. LALLY: The purpose it goes to this witness's credibility as far as his ability to see things outside while he's conducting his plowing. If he's so attentive to it that he actually struck another human being, backed into one while he was plowing.

625

JUDGE CANNONE: What do you say, Mr. Yanetti?

626

MR. YANNETTI: Well, you were told that it's a different truck. First of all. Second of all, you were not told that this accident occurred while he was going in reverse and was looking at one side and wasn't paying attention to the other side in reverse. So we have a prior bad act from eight -- seven years before this. It's one accident in a different truck going in a different direction, and it does not impeach his credibility whatsoever. He says that he's careful. Even careful people get into accidents. That's why they're called accidents. But this was -- it's completely in apposite to the situation that we he have here. There's no reason to take a shot at him for, you know, an accident that's completely unrelated to this.

627

MR. LALLY: I'm not taking a shot, Your Honor. And the other thing that I would add is that he also when asked, he indicates that he could see the pedestrian or saw the pedestrian prior to striking him, whereas several other witnesses indicate that he wasn't looking and couldn't see the pedestrian.

628

MR. YANNETTI: Those witnesses are not on the Commonwealth's witness list. They're not going to testify. How is that coming in? I mean --

629

JUDGE CANNONE: Mr. Lally, if it weren't so remote I might let it. I'm not going to let it in because it's remote. You got the basketball hoop. All right.

630

MR. LALLY: Understood.

631

end of sidebar.)

Cross

632 2:46:47

COURT OFFICER: Quiet, please.

633 2:46:48

MR. LALLY: Now, sir, at some point prior to coming in here and testifying today, have you met with Mr. Yanetti?

634 2:46:53

635 2:46:54

MR. LALLY: How many times?

636 2:46:54

MR. LOUGHRAN: Twice.

637 2:46:56

MR. LALLY: And when were those times?

638 2:47:00

MR. LOUGHRAN: Tuesday and Saturday.

639 2:47:02

MR. LALLY: Tuesday and Saturday when, sir?

640 2:47:05

MR. LOUGHRAN: Tuesday of last week. Saturday of last week.

641 2:47:10

MR. LALLY: And this Paul person that you spoke of before, was that person present there as well?

642 2:47:14

643 2:47:15

MR. LALLY: And did you make note of Paul writing anything down or Mr. Yanetti writing anything down while you were talking to them?

644 2:47:23

645 2:47:25

MR. LALLY: And as far as you're aware, there's no reports that were generated from any of those conversations or any of those meetings; is that correct?

646 2:47:31

MR. LOUGHRAN: Correct.

647 2:47:48

MR. LALLY: So, sir, I'm correct and if I say that you're sure about every time that you went down Fairview Road and everything that you saw going down Fairview Road, but you're completely unaware of the time that you ran into and struck a basketball hoop that night; is that correct?

648 2:48:04

MR. YANNETTI: Objection.

649 2:48:06

JUDGE CANNONE: Sustained. Ask it differently.

650 2:48:08

MR. LALLY: You're sure about all the times that you went Fairview Road?

651 2:48:11

652 2:48:12

MR. LALLY: And you have no idea what time that you went on Tippycart and you struck a basketball hoop; is that right?

653 2:48:19

MR. LOUGHRAN: If you ask me to guess, I can guess for you.

654 2:48:22

MR. LALLY: I'm not asking you to guess, sir. I'm asking whether or not you know.

655 2:48:23

MR. LOUGHRAN: I don't recall exactly what time I hit that net.

656 2:48:30

MR. LALLY: Nothing further, Your Honor.

657 2:48:31

JUDGE CANNONE: Mr. Yanetti.

658 2:48:32

MR. YANNETTI: Just very briefly.

Redirect

659

REDIRECT EXAMINATION BY MR. YANETTI:

660 2:48:33

MR. YANNETTI: There's just one question I want to clear and make sure we understand what's going on here.

661 2:48:38

JUDGE CANNONE: So no statement.

662 2:48:38

MR. YANNETTI: Sure.

663 2:48:39

JUDGE CANNONE: Just ask the question.

664 2:48:40

MR. YANNETTI: I always do that. I apologize, Your Honor.

665 2:48:43

MR. YANNETTI: You were asked a question by Mr. Lally, are you sure you didn't see a black Lexus at around 5:00 a.m. in front of Fairview, and your answer was no. And my question to you is, does that mean that you're not sure if you saw one or that you didn't see one?

666 2:49:00

MR. LALLY: Objection.

667 2:49:01

JUDGE CANNONE: I'll allow that.

668 2:49:03

MR. LOUGHRAN: I did not see a Lexus at 5:00 a.m.

669 2:49:08

MR. YANNETTI: At any point that night while you were plowing --

670 2:49:12

671 2:49:12

MR. YANNETTI: -- did you ever see a black Lexus in front of 34 Fairview?

672 2:49:16

673 2:49:16

MR. YANNETTI: Thank you, sir.

674 2:49:18

MR. LALLY: Very briefly.

Recross

675

RECROSS-EXAMINATION BY MR. LALLY:

676 2:49:19

MR. LALLY: Based on your timeline, were you on Fairview Road at 5:00 a.m.?

677 2:49:23