Rebecca Trayers - Direct/Cross

MR. LALLY: Yes. I call Miss Rebecca Trayers to the stand.

MR. LALLY: Thank you. Good afternoon.

MR. LALLY: Could you please state your name and just spell your last name for the jury?

MR. LALLY: Miss Trayers, what do you do for work?

MR. LALLY: And where is it that you work as a bartender?

MR. LALLY: Where is that located?

MR. LALLY: And how long have you worked there in that capacity?

MR. LALLY: And where in Canton, Massachusetts is the Waterfall located?

MR. LALLY: And is there a typical sort of shift or nights that you would work in regard to working at the Waterfall?

MR. LALLY: And when you work sort of the nights, what time is it that you start, and what time is it that you typically finish?

MR. LALLY: And sort of what is the latest that, based on volume, if people are sort of hanging around in the bar, when would you sort of know last call — turn the lights on?

MR. LALLY: Now, during the shifts that you work, about how many people — like, what does sort of the staff look like in regard to your evening shift?

MR. LALLY: And with regard to entertainment, does the Waterfall have certain nights of live entertainment?

MR. LALLY: And what kind of entertainment would be there on a Friday or Saturday?

MR. LALLY: Is that sort of the same bands over and over, or is it different bands as it goes?

MR. LALLY: Now, were you working at the Waterfall in that capacity on January 28th, 2022?

MR. LALLY: And let me ask you, stepping back for a second, just more general questions. What time does the Waterfall typically open?

MR. LALLY: So basically 11:00 a.m. to 11:00 p.m., or based on volume when you close?

MR. LALLY: Now, with respect to the Waterfall, if you could just sort of describe — I know it's located in the Canton center area — but what kind of building is it? What, if anything, else is sort of around it?

MR. LALLY: Yeah. And is there a parking lot associated with the complex and with the Waterfall?

MR. LALLY: And as far as entrances and exits, how many of those are there? witness response inaudible Okay. And what is sort of the typical entrance that people would come in?

MR. LALLY: And so the one by the front — where is that in relation to the parking lot?

MR. LALLY: And so if I walk into that front door over by the parking lot and come in, can you describe for the jury sort of the layout — how many tables, what kind of tables that you serve?

MR. LALLY: And as far as the high tops and the low tops — starting with the low tops — about how many chairs would typically be around a low top?

MR. LALLY: And as far as the high tops, how many chairs?

MR. LALLY: Now, is there — in addition to being a bar, is it also sort of a restaurant? You serve food?

MR. LALLY: And is there sort of a — how is that staffed as far as the kitchen?

MR. LALLY: And may be pretty well understood, but just as far as your duties and sort of responsibilities as a bartender, what is your role?

MR. LALLY: Now, are there people — do you have sort of regular customers that come in on a fairly regular basis?

MR. LALLY: With respect to the bar, is that sort of a full service bar?

MR. LALLY: Fair question. Let me rephrase. So you have beer and wine, is that correct?

MR. LALLY: And is there sort of mixed drinks and cocktails and things of that nature as well?

MR. LALLY: Now, when it comes to the glassware that the Waterfall has, where does that come from — where do you buy it?

MR. LALLY: Yes.

MR. LALLY: And is there like a certain type of — well, let me start back. So if you're getting something that's either a draft beer or wine or a cocktail, does the type of drink that you're ordering have any reflection in the type of glass you would receive?

MR. LALLY: And as far as if you're, let's say, getting a non-alcoholic drink, how would that typically be served?

MR. LALLY: I'm sorry, what was the answer?

MR. LALLY: Thank you. And if you were getting a mixed drink or a cocktail, how would that typically be served? What kind of glass would that typically be?

MR. LALLY: And the shorter sort of cocktail glass — as far as the weight of that, would that be heavier or less heavy than the pint?

MR. LALLY: And as far as the sort of thickness of that cocktail glass, would it be thicker at the bottom or thicker at the top?

MR. LALLY: Now, on that particular evening of January 28, 2022, if you recall, whether or not there was any sort of musical entertainment in the bar that night?

MR. LALLY: And do you recall the name of the band or what kind of music they play?

MR. LALLY: Is that correct?

MR. LALLY: And when a live band is performing at the Waterfall, where is it in regard to the layout that you were just describing that the band would typically set up?

MR. LALLY: And once the band is done, what, if anything, do you do with that space?

MR. LALLY: Now, with respect to the Waterfall, are you familiar with whether or not there's any sort of security or camera recording in there?

MR. LALLY: And as far as the cameras are concerned, you know sort of where they're situated in relation to the bar?

MR. LALLY: Fair to say there's at least some interior cameras and some exterior, correct?

MR. LALLY: And with regard to this specific evening of January 28, 2022, have you had occasion to see some of that video from that particular evening?

MR. LALLY: Approach.

MR. LALLY: At this time I would seek to introduce and admit, as the next exhibits, a copy of the surveillance video from the Waterfall.

MR. LALLY: With the court's permission, I would ask to publish certain small portions of that at this time.

MR. LALLY: Now, Miss Gilman, if I could ask for just the first video with the label as far as Channel 1 — if you could pause right there. Now, Miss Trayers, what's up on the screen — do you recognize generally what that is?

MR. LALLY: And what are we looking at?

MR. LALLY: And so this is the parking lot that you were referring to as sort of the front door — that leads out to the parking lot for both [unintelligible] — yes?

MR. LALLY: And the video, as far as you're aware, is date and time stamped, and those dates and times are accurate?

MR. LALLY: Thank you. Miss Gilman, you can take that down. And Miss Gilman, if I could have from Channel 3 the first video associated with Channel 3 — if you could just pause. So, Miss Trayers, before you — I think on that desk should be a laser pointer. Basically, all you need to do with that is just click the button on top and then point it at the screen when I ask, or anybody asks, okay?

MR. LALLY: So again, what's up on the screen right now — do you recognize that?

MR. LALLY: And what do you recognize that as?

MR. LALLY: And if you could, using the laser pointer, direct the jury's attention first to that area that you were speaking about where a band would normally perform.

MR. LALLY: Yes. And the high tops and low tops — if you could direct the jury's attention to where those would be located.

MR. LALLY: And as far as the bar area — where you would be situated within the establishment when you're working as a bartender — whereabouts, if you could direct the jury's attention?

MR. LALLY: And sort of immediately adjacent, or right in front of, sort of where the bar area is — what kind of table, or what if anything, is closest to the high top? Now, Miss Gilman, if I could ask you to take that one down. If you could please go to the sixth video listed for Channel 3, and if you could pause there for a second. Directing your attention up to the screen for the video that's now up there — you recognize this to be the Waterfall as well?

MR. LALLY: The time stamp on it says 1:29:12 — is that a.m.? Is that correct?

MR. LALLY: And it's fair to say — what, if any, difference do you know about the lighting in this video versus the one from earlier around 10:30 p.m.?

MR. LALLY: And why is it?

MR. LALLY: So you would have turned the lights on at that point?

MR. LALLY: And as you're closing, what are some of the sort of final things that you're doing as you're closing up?

MR. LALLY: If I could ask you to push this forward to about 15 minutes and 45 seconds. And, Miss Trayers, from the date and time stamp up there, about what time is this — does it say on the screen?

MR. LALLY: And Miss Gilman, if you could play this from this point till about 16 minutes and 8 seconds. Pause there just a moment. The individual sort of walking from the top of the screen down towards the bottom, towards that front door area — is that where the front door is?

MR. LALLY: And if again you could just, for the jury, using the laser pointer, direct their attention to where that front door is.

MR. LALLY: Do you recognize who that person was?

MR. LALLY: You were basically taking the trash?

MR. LALLY: Miss Gilman, if you could just run through that. You can stop there and you can take that down. Thank you very much. Now, from that evening of January 28, 2022, I'm going to ask just a couple of people's names and then ask if you know them or recognize them as far as sort of people that you've seen in that establishment before, okay?

MR. LALLY: First, with respect to John O'Keefe —

MR. LALLY: And is he someone that you had seen in the Waterfall before when you were working there?

MR. LALLY: Did you know him specifically by name, or did you just sort of know him as a familiar face?

MR. LALLY: And what is it — typically, as a bartender — what is it typically that he would sort of order or get when he was in?

MR. LALLY: Don't know? I'm just asking as far as beer versus cocktail versus whatever else, if you know.

MR. LALLY: And do you recall seeing him in the Waterfall on January 28th?

MR. LALLY: And could you describe what, if any, interaction you had with him, or when about that was in the evening?

MR. LALLY: And at the end of the night, there was one group that was sort of the last group to leave — is that correct?

MR. LALLY: And where were they sort of situated in the bar?

MR. LALLY: And what, if any, association did you see with Mr. O'Keefe with regard to that group?

MR. LALLY: Thank you. And ma'am, if you want, that microphone — you can move it anywhere, wherever is most comfortable. Thank you. Now, were you familiar with anybody as far as a female party that would accompany Mr. O'Keefe to the Waterfall on that or prior occasions?

MR. LALLY: And had you seen Mr. O'Keefe in there with or without any sort of female companionship previously?

MR. LALLY: Now, with regard to Christopher Albert — did you know him?

MR. LALLY: And are you familiar with him as far as someone who came into the Waterfall on occasion?

MR. LALLY: About how often would he be in?

MR. LALLY: And do you recall him on the evening of January 28th?

MR. LALLY: And anybody as far as anybody else from the Albert family — as far as Brian Albert — were you familiar with him?

MR. LALLY: And do you recall him being there on January 28th?

MR. LALLY: And where was he in relation to the group that was at the high top table closest to the bar?

MR. LALLY: And who, if anyone else from that group, did you recognize or did you know on that evening?

MR. LALLY: And do you even know what Brian Albert's wife's name is?

MR. LALLY: And Mr. Higgins — is that someone that you had seen in there on prior occasions?

MR. LALLY: And as far as Mr. Brian Albert — is that someone that you had seen there on prior occasions as well?

MR. LALLY: And have you seen Mr. Higgins and Mr. Brian Albert there together on prior occasions as well?

MR. LALLY: I may — just one moment. Now, at some point following that evening of January 28th, you recall troopers from the state police coming to the Waterfall, speaking with you and speaking with the owner of the Waterfall?

MR. LALLY: And are you at least aware that they received from the establishment not only video but some receipts from that evening as well?

MR. LALLY: And have you seen those receipts on some prior date?

MR. LALLY: May I approach?

MR. LALLY: Thank you. May I proceed?

MR. LALLY: Showing you a three-page document — not to just ask in general terms — do you recognize what those appear to be?

MR. LALLY: And obviously you work at the Waterfall, you've seen receipts that are generated by the establishment before, correct?

MR. LALLY: Do those appear to be receipts from the Waterfall?

MR. LALLY: Is there any sort of — I'm sorry, was there a yes-or-no answer?

MR. LALLY: Thank you. And with respect to the receipts that I placed before you — do they have a date on them?

MR. LALLY: And what is the date?

MR. LALLY: May I approach?

MR. LALLY: Will seek to introduce and admit as the next exhibit.

MR. LALLY: Let me have one moment, your honor.

MR. LALLY: Just one last question. With regard to some of the people that I had asked you about — as far as Mr. O'Keefe, Brian Albert, Brian Higgins, Christopher Albert — any of those parties that you knew, you knew them sort of exclusively through your work at the Waterfall, correct?

MR. LALLY: Okay. Nothing further.

MR. LALLY: Objection.