Commonwealth v. Read — Trial ArchiveMichael Lank - Redirect/Recross
53 linesJUDGE CANNONE: Okay. Mr. Lally?
MR. LALLY: Just briefly, sir. With regard to the incident you were asked about from August of 2002 — can you explain in your own words what happened?
MR. LANK: So I had left the establishment — Center Fields is what it was called at the time — and the owner had asked me if I could drive a patron home who had had too much to drink. So I obliged. Walked across the street to the parking lot, got in my truck with the patron, and as I was pulling out, that's when Mr. Albert approached my truck and told me how he had been in an altercation earlier in the evening with Mark Lalat? and that Mark had made threats towards him and his family — that he was going to harm his family. They had a young child at the time. Mr. Albert was concerned and asking me what he should do. Excuse me. As I was telling him what I thought he should do, he said something to the effect of, "Oh no, here they come."
MR. LANK: And I observed multiple men walking down the sidewalk in our direction. At this point I got out of my truck, approached the group, and pleaded with them. I said, "Guys, not tonight. He's by himself. He's with his wife — excuse me, girlfriend. There's not going to be a fight tonight." And I did my best to diffuse the situation. But they weren't having it. They made several attempts to push past me. Ultimately a wrestling match ensued. Mr. Lalat at one point said, "I know who you are. I don't give a —." And asked me what I was going to do about it. A wrestling match ensued. I was punched, and at that point I defended myself, and didn't engage in a physical altercation with Mark.
MR. LALLY: Now, you were asked about the timing of reports. You didn't write a report until a couple of days later, is that correct?
MR. LALLY: Why was that?
MR. LANK: I had spoken to the shift supervisor that night and I asked him if he wanted me to return and generate a report at that point, and he advised me that I could do it the next time I was at work, which was a couple of days later.
MR. LALLY: And as far as the police responding to that parking lot that night, how were they notified, if you know?
MR. LANK: I had yelled across the street. When the group was trying to push its way past me, I yelled across the street to the bartender, and the owner had made their way out onto the sidewalk-street area. I yelled across the street and I said, "Call the police, call the police," and they ultimately called 911.
MR. LALLY: Now, what if any relevance or factor did any of that have in your mind with regard to your response and interviews, or anything that you did on January 29th, 2022?
MR. LALLY: And in fact, that involved Christopher Albert in 2002, correct?
MR. LALLY: And you were at Brian Albert's residence in 2022, correct?
MR. LALLY: And just to be clear — just because their last name is Albert, they're separate people. You have separate relationships with each of those persons, correct?
MR. LALLY: Now, you grew up in the town, you work in the town — better to say, you go to calls regarding people that you know, yes, whether that be witnesses, people that you arrest, any of the like, correct?
MR. LALLY: Now with regard to the questions that you were asked about Mr. O'Keefe — just to be clear, you never laid eyes on Mr. O'Keefe's body at any point in time on January 29th or thereafter, correct?
MR. LALLY: We asked some questions about — on the cruiser cam video — whether you're on the phone. You indicated that you could make an educated guess as to who you were on the phone with. Who would that be?
MR. LALLY: And so at the time that you're on the phone, from that video, Lieutenant Gallagher was not on scene yet, correct?
MR. LALLY: Now with respect to the weather on that day — talked a bit about the weather — as you were on scene, during the time that you were on scene, did it essentially persist in the same manner?
MR. LALLY: And then later on that day, what if any change occurred with regard to the weather?
MR. LANK: As I recall, while we were there, it just — it stayed the same. It was — if anything, it might have gotten even worse.
MR. LALLY: And from your memory of that day, that continued throughout the course of the day while you were working?
MR. LALLY: Now, with regard to going in and out of the house at 34 Fairview Road — each of those occasions, if you could, with respect to the three occasions that you went inside the house to speak to people, where were those people within the house?
MR. LANK: The first time I went in, Brian Albert and Nicole Albert were located — I believe on the stairs, or sitting, possibly at some point on the stairs. Jen McCabe was to my right. The second time I went back in — excuse me — was also through the front door, and it was the same positioning, except this time Matt McCabe was present, and Matt was also to my right. And then on the third occasion, when yourself and Lieutenant Gallagher came back to speak to Mr. — further, we went in through the door to the right — so it's to the right of the main door — we went in through that door and stayed in like the dining-kitchen area, and that's where I spoke with Jennifer.
MR. LALLY: And that third time that you went back and you spoke with Jennifer, where was Brian Albert, Nicole Albert, Matthew McCabe — any of those parties that were there before, if you know?
MR. LANK: They were present. I actually don't recall if Matthew McCabe was there the third time. Brian and Nicole were definitely there. I believe they were in the general vicinity, but I couldn't tell you exactly where they were.
MR. LALLY: And same thing — when you went back on that third occasion, what if anything did you note as far as the interior of the house — anything askew, anything out of place?
MR. LALLY: Nothing further.
MR. JACKSON: May we approach very briefly?
JUDGE CANNONE: Yes.
MR. JACKSON: Lieutenant Lank, you indicated that you claimed in your description that you were assaulted by the Lalat brothers, correct?
MR. JACKSON: The fact is, they were never convicted of anything having to do with this case — the case that you're describing — is that true?
MR. JACKSON: You also indicated that they made either a threatening comment or a disparaging comment to you — "I don't give a —" — correct?
MR. JACKSON: Is it true that what was actually said was — you said to them, "I don't know who you are, but I'm going to make your life miserable"?
MR. JACKSON: All of this incident was in furtherance of you protecting a member of the Albert family when they asked for your help, correct?
MR. LANK: No. It was me protecting someone who asked for my help, who was clearly in fear, who happened to be an Albert.
MR. JACKSON: Thank you.
JUDGE CANNONE: All right, you are all set. Thank you, Lieutenant. You're all set, sir. Let's try and get some testimony from one more witness. Jurors, we will break right at 1:00, but let's see if we can get more testimony in.