Commonwealth v. Read — Trial ArchiveRebecca Trayers — Direct/Cross
410 linesWhereupon, REBECCA TRAYERS having been first duly sworn, was examined and testified as follows:
JUDGE CANNONE: Whenever you’re ready, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good afternoon, ma’am.
MS. TRAYERS: Good afternoon.
MR. LALLY: Could you please state your name and just spell your last name for the jury?
MS. TRAYERS: Rebecca Trayers, T-R-A-Y-E-R-S.
MR. LALLY: And, Ms. Trayers, what do you do for work?
MS. TRAYERS: I am a bartender.
MR. LALLY: And where is it that you work as a bartender?
MS. TRAYERS: Waterfall Bar and Grill.
MR. LALLY: And where is that located?
MS. TRAYERS: In Canton, Massachusetts.
MR. LALLY: And how long have you worked there in that capacity?
MS. TRAYERS: About seven years.
MR. LALLY: And in relation to -- so where in Canton, Massachusetts is the Waterfall located?
MS. TRAYERS: In the center.
MR. LALLY: And is there a typical sort of shift or nights that you would work in regard to working at the Waterfall?
MS. TRAYERS: At the moment it’s like Thursday, Friday, Saturday nights.
MR. LALLY: And, when you work sort of at nights, what time is it sort of that you start and what time is it that you typically close?
MS. TRAYERS: The shift starts at 5:00. And we are by volume, so it’s once, like, people start leaving, generally around 10:00 to 11:00.
MR. LALLY: So what is the latest that, based on volume, people are sort of hanging around in the bar, when would you sort of, you know, last call, turn the lights on, kind of thing?
MS. TRAYERS: 12:45 is the latest that we could do last call.
MR. LALLY: Now, during the shifts that you work, about how many people or, like, what does sort of the staff look like in regard to sort of your evening shift?
MS. TRAYERS: For upstairs, there’s typically like two of us with a couple of food runners.
MR. LALLY: And, with regard to entertainment, does the Waterfall have certain nights of entertainment, sort of live entertainment within?
MS. TRAYERS: Uh-hmm. Fridays and Saturdays.
MR. LALLY: And what kind of entertainment would be there on a Friday or Saturday?
MS. TRAYERS: Bands.
MR. LALLY: And is that sort of the same bands over and over or is it sort of different bands as it goes?
MS. TRAYERS: They rotate throughout months.
MR. LALLY: Now, were you working at the Waterfall in that capacity around or on January 28th, 2022?
MS. TRAYERS: Yes.
MR. LALLY: And let me ask you, stepping back for a second, some more general questions. What time does the Waterfall typically open?
MS. TRAYERS: Open, like 11:00 a.m.
MR. LALLY: So basically 11:00 a.m. to 11:00 p.m. or based on volume when you close?
MS. TRAYERS: Uh-hmm.
COURT REPORTER: Is that “yes,” ma’am?
MS. TRAYERS: Yes.
BY MR. LALLY:
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?
MS. TRAYERS: It’s in a condo unit.
MR. LALLY: So in a condo, sort of, complex?
MS. TRAYERS: Yes.
MR. LALLY: And is there a parking lot associated with both the complex and with the Waterfall?
MS. TRAYERS: Yes.
MR. LALLY: And, as far as entrances and exits, how many of those each are there?
MS. TRAYERS: Four.
MR. LALLY: Four. And what is sort of the typical entrance that people would come in?
MS. TRAYERS: There’s typically two, one in the front and then one in the back by the patio.
MR. LALLY: And, so, the one by the front, where is that in relation to the parking lot?
MS. TRAYERS: It’s right outside 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 or like sort of how many tables, what kind of tables that you observe there?
MS. TRAYERS: When you initially walk in, you walk into like the lounge around. There is about seven or eight high- tops and then probably four or five low-tops. And then right beyond that is the bar area which leads into the patio. And we have two back rooms also, but those aren’t typically used.
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 the low-top table?
MS. TRAYERS: Four.
MR. LALLY: And, as far as the high-tops, how many chairs?
MS. TRAYERS: Six and two. We have both.
MR. LALLY: Now, is there -- in addition to being a bar, is it also sort of a restaurant? Do you serve food?
MS. TRAYERS: Uh-hmm.
COURT REPORTER: “Yes”?
MS. TRAYERS: Yes.
MR. LALLY: I’m sorry.
BY MR. LALLY:
MR. LALLY: And is there sort of a -- how is that staffed, as far as the kitchen staff is concerned?
MS. TRAYERS: In the kitchen there is typically two cooks at a time. That’s downstairs.
MR. LALLY: And it may be pretty well-understood, but just as far as your duties and sort of responsibilities as a bartender, what is it that you do?
MS. TRAYERS: I serve drinks and take food orders.
MR. LALLY: Now, are there people -- do you have sort of regular customers that come in on a fairly regular basis?
MS. TRAYERS: Yes.
MR. LALLY: With respect to the bar, is that sort of a full-service bar?
MS. TRAYERS: What would full-service be?
MR. LALLY: Poor question. Let me rephrase. So you have beer and wine; is that correct?
MS. TRAYERS: Yes.
MR. LALLY: Okay. And is there sort of mixed drinks and cocktails and things of that nature as well?
MS. TRAYERS: Yes.
MR. LALLY: Now, when it comes to the glassware that the Waterfall has, where does that typically -- where does that come from?
MS. TRAYERS: Like where do we buy it? Is that what you’re asking?
MR. LALLY: Correct.
MS. TRAYERS: Typically Restaurant Depo.
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, cocktail, does the type of drink that you’re ordering have any reflection in the type of glass you would receive it in?
MS. TRAYERS: For the most part, yes.
MR. LALLY: And, as far as if you’re, let’s say, getting a non-alcoholic drink, how would that typically be served?
MS. TRAYERS: In a pint glass.
MR. LALLY: And if you were getting a mixed drink or a cocktail, how would that typically be -- what kind of glass would that typically be served in?
MS. TRAYERS: In like a shorter one.
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 glass?
MS. TRAYERS: The same.
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 or something else?
MS. TRAYERS: We have different short glasses, but the bottoms are typically heavier in glasses.
MR. LALLY: Now, on that particular evening of January 28th, 2022, do you recall whether or not there was any sort of musical entertainment in the bar that night?
MS. TRAYERS: There was a band.
MR. LALLY: And do you recall the name of the band or what kind of music they played?
MS. TRAYERS: No.
MR. LALLY: But it was a live band; is that correct?
MS. TRAYERS: Yes.
MR. LALLY: And when a live band is performing at the Waterfall, where is it in regard to the layout that you were describing that that band would typically set up?
MS. TRAYERS: When you walk into the building, it’s left of the high-tops. There’s like a small alcove. We move tables for them.
MR. LALLY: And once the band is done, what, if anything, do you do with that space once the band clears out?
MS. TRAYERS: We put the tables back.
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?
MS. TRAYERS: There’s cameras.
MR. LALLY: And, as far as the cameras are concerned, do you know sort of where they’re situated in relation to the bar?
MS. TRAYERS: For the most part, yes.
MR. LALLY: And fair to say there’s at least some interior cameras and some exterior cameras; correct?
MS. TRAYERS: Yes.
MR. LALLY: And, with regard to this specific evening of January 28th, 2022, have you had occasion to see some of that video from that particular evening?
MS. TRAYERS: Yes.
MR. LALLY: And, Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Your Honor, at this time I would seek to introduce and admit as the next exhibit a copy of the surveillance video from the Waterfall.
JUDGE CANNONE: Is there any objection?
MR. YANNETTI: No objection, Your Honor.
(Whereupon, CD, footage from the Waterfall was entered and marked as Exhibit No. 53 in Evidence.)
COURT REPORTER: Exhibit 53.
JUDGE CANNONE: Thank you.
MR. LALLY: Your Honor, with the Court’s permission, I would ask to publish certain small portions of that at this time.
JUDGE CANNONE: Okay.
MR. LALLY: Now, Ms. Gilman, if I could ask for just the first video with the label as far as Channel 1 and if you could just pause right here.
(Whereupon, the video was played and paused.)
BY MR. LALLY:
MR. LALLY: Now, Ms. Trayers, what’s up on the screen, do you recognize generally what that is?
MS. TRAYERS: Yes.
MR. LALLY: And what are we looking at?
MS. TRAYERS: The Waterfall parking lot.
MR. LALLY: And, so, this is the parking lot that you were referring to. That’s sort of the front door that leads out to the parking lot for both the condo places and the Waterfall?
MS. TRAYERS: Yes.
MR. LALLY: And the video, as far as you’re aware, is date and time stamped and those dates and times are accurate; correct?
MS. TRAYERS: The date, yeah.
MR. LALLY: Yes?
MS. TRAYERS: Yes.
MR. LALLY: Ms. Gilman, you can take that down. And, Ms. Gilman, if I could have from Channel 3 the first video associated with Channel 3 and if you could just pause there?
(Whereupon, the video was played and paused.)
BY MR. LALLY:
MR. LALLY: So, Ms. Trayers, before you, I think, on that desk should be a laser pointer. So basically all you need to do with that is just click the button on the top and point it at the screen if and when I ask or anybody asks you. Okay? So, again, what’s up on the screen right now, do you recognize that?
MS. TRAYERS: Yes.
MR. LALLY: And what do you recognize that to be?
MS. TRAYERS: The lounge area of the Waterfall.
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?
MS. TRAYERS: Right here (Indicating).
MR. LALLY: And that’s where the band was that night?
MS. TRAYERS: Yes.
MR. LALLY: And the high-tops and low-tops, if you could direct the jury’s attention to where those would be located?
MS. TRAYERS: So these are the six-people ones, the two- people, and then low-tops.
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 to whereabouts that would be?
MS. TRAYERS: Back here (Indicating).
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 bar?
MS. TRAYERS: High-top.
MR. LALLY: Ms. Gilman, if I could ask you to take that one down and if you could please go to the sixth video listed down for Channel 3 and if you could pause there for a second?
(Whereupon, the video was played and paused.)
BY MR. LALLY:
MR. LALLY: Now, Ms. Trayers, directing your attention up to the video, I’m sorry, up to the screen to the video that’s now up there, do you recognize this to be the Waterfall as well?
MS. TRAYERS: Yes.
MR. LALLY: The timestamp on it says 1/29, 12:01. Is that a.m.; is that correct?
MS. TRAYERS: Correct.
MR. LALLY: And fair to say that the -- well, what, if any, difference do you note sort of about the lighting in this video versus the one earlier around 10:30 p.m. or so?
MS. TRAYERS: This one is brighter.
MR. LALLY: And why is it?
MS. TRAYERS: We are getting ready to close.
MR. LALLY: So you would have turned the lights on at that point?
MS. TRAYERS: Yes.
MR. LALLY: And, as you’re closing, what are some of the sort of final things that you’re doing as you’re sort of closing up shop?
MS. TRAYERS: Cleaning up.
MR. LALLY: Ms. Gilman, if I could ask you to push this forward to about 15 minutes and 45 seconds.
(Whereupon, the video was played and paused.)
BY MR. LALLY:
MR. LALLY: And, Ms. Trayers, from the date and timestamp up there, about what time is this, does it say on the screen?
MS. TRAYERS: 12:16 a.m.
MR. LALLY: And, Ms. Gilman, if you could play this from this point until about 16 minutes and 8 seconds?
(Whereupon, the video was played.)
MR. LALLY: Pause there for just a moment.
(Whereupon, the video was paused.)
BY MR. LALLY:
MR. LALLY: The individual sort of walking from the top of the screen down towards the bottom, towards the front door area, is that where the front door is?
MS. TRAYERS: Yes.
MR. LALLY: And, again, if you could just for the jury, just using the laser pointer, direct their attention to where that front door is?
MS. TRAYERS: Right there (Indicating).
MR. LALLY: And do you recognize who that person was?
MS. TRAYERS: Yup.
MR. LALLY: Who’s that?
MS. TRAYERS: That’s me.
MR. LALLY: You were basically taking the trash out; correct?
MS. TRAYERS: Yes.
MR. LALLY: Ms. Gilman, if you could just run it through --
(Whereupon, the video was played.)
MR. LALLY: Thank you. You can stop it there and you can take that down, Ms. Gilman. Thank you very much.
BY MR. LALLY:
MR. LALLY: Now, from that evening of January 28th, 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? First, with respect to John O’Keefe?
MS. TRAYERS: I know of him.
MR. LALLY: And was he someone that you had seen in the Waterfall before when you were working there?
MS. TRAYERS: A couple of times.
MR. LALLY: Did you know him specifically by name or did you just sort of know him as a familiar face?
MS. TRAYERS: First name.
MR. LALLY: And what is it typically that -- you know, as a bartender, what is it typically that he would sort of order or get when he was there?
MS. TRAYERS: I couldn’t tell you.
MR. LALLY: And, really, I’m just asking as far as beer versus cocktail versus whatever else, if you know.
MS. TRAYERS: I’d say beer.
MR. LALLY: And do you recall seeing him in the Waterfall on January 28th?
MS. TRAYERS: Yes.
MR. LALLY: And could you describe what, if any, interaction you had with him or when about that was in the evening?
MS. TRAYERS: He came up to order a beer.
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?
MS. TRAYERS: Yes.
MR. LALLY: And where were they sort of situated in the bar area --
MS. TRAYERS: A high-top --
MR. LALLY: -- in the lounge?
MS. TRAYERS: -- yeah, in the lounge, closest to the bar.
MR. LALLY: And what, if any, association did you see with Mr. O’Keefe with regard to that group?
MS. TRAYERS: I believe he was standing with them.
JUDGE CANNONE: Could you keep your voice up, please?
MS. TRAYERS: Yes.
JUDGE CANNONE: Thank you.
BY MR. LALLY:
MR. LALLY: And, ma’am, if you want, that microphone you can move anywhere you want, so wherever is most comfortable for you. 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?
MS. TRAYERS: No.
MR. LALLY: And had you seen Mr. O’Keefe in there with or without any sort of female companionship?
MS. TRAYERS: Previously?
MR. LALLY: Yes.
MS. TRAYERS: No, not that I’m aware of.
MR. LALLY: I’m sorry?
MS. TRAYERS: Not that I’m aware of.
MR. LALLY: Not that you’re aware of. Now, with regard to Christopher Albert, did you know him?
MS. TRAYERS: I know of him.
MR. LALLY: And you’re familiar with him as far someone who came into the Waterfall on occasion?
MS. TRAYERS: On occasion, yes.
MR. LALLY: About how often would he be in there?
MS. TRAYERS: Once every few months.
MR. LALLY: And do you recall him on the evening of January 28th?
MS. TRAYERS: I actually don’t remember.
MR. LALLY: And anybody else from the Albert family? As far as a Brian Albert, were you familiar with him?
MS. TRAYERS: I know of him.
MR. LALLY: And do you recall him being there on January 28th?
MS. TRAYERS: Yes.
MR. LALLY: And where was he in relation to the group that was at the high-top table closest to the bar?
MS. TRAYERS: Same area.
MR. LALLY: And who, if anyone else, from that group did you recognize or did you know on that evening?
MS. TRAYERS: The only people I would have recognized would be Brian Higgins and Brian Albert’s wife.
MR. LALLY: And do you even know what Brian Albert’s wife’s name is?
MS. TRAYERS: I forget.
MR. LALLY: And Mr. Higgins, is that someone that you had seen in there on prior occasions?
MS. TRAYERS: On occasion, yes.
MR. LALLY: And, as far as Mr. Brian Albert, is that someone that you had seen there on prior occasions as well?
MS. TRAYERS: Same. On occasion.
MR. LALLY: And had you seen Mr. Higgins and Mr. Brian Albert there together on prior occasions as well?
MS. TRAYERS: Yes.
MR. LALLY: If I may have just one moment, Your Honor?
JUDGE CANNONE: Okay.
BY MR. LALLY:
MR. LALLY: Now, at some point following that evening of January 28th do you recall troopers from the state police coming to the Waterfall and speaking with you and speaking with the owner of the Waterfall?
MS. TRAYERS: I spoke with them, not at Waterfall.
MR. LALLY: And are you at least aware that they received from the establishment not only the video but some receipts from that evening as well?
MS. TRAYERS: Yes.
MR. LALLY: And have you seen those receipts on some prior day?
MS. TRAYERS: One.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: May I approach the witness, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: I’m showing you a two-page document. I’ll just ask in general terms, do you recognize what those appear to be?
MS. TRAYERS: Yes.
MR. LALLY: And, obviously, you work at the Waterfall, you’ve seen receipts that are generated by the establishment before; correct?
MS. TRAYERS: Yes.
MR. LALLY: And do those appear to be receipts from the Waterfall?
MS. TRAYERS: Yes.
MR. LALLY: And is there any sort of date --
JUDGE CANNONE: I’m sorry. Was there a “yes” or “no” answer?
MS. TRAYERS: “Yes.”
JUDGE CANNONE: Thank you.
BY MR. LALLY:
MR. LALLY: And, with respect to the receipts that I’ve placed before you, do they have a date on them?
MS. TRAYERS: Yes.
MR. LALLY: And what is the date?
MS. TRAYERS: 1/28/22.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next exhibit.
MR. YANNETTI: No objection.
(Whereupon, receipts from the Waterfall were entered and marked as Exhibit No. 54 in Evidence.)
COURT REPORTER: Exhibit 54.
JUDGE CANNONE: Thank you.
MR. LALLY: If I may have one moment, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: And, Ms. Trayers, 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?
MS. TRAYERS: Yes.
MR. LALLY: Nothing further, Your Honor.
JUDGE CANNONE: Mr. Yannetti. Thank you, Your Honor.
CROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: Good afternoon, ma’am.
MS. TRAYERS: Good afternoon.
MR. YANNETTI: We’ve never met; correct?
MS. TRAYERS: No.
MR. YANNETTI: You have been a bartender at the Waterfall for how many years?
MS. TRAYERS: About seven.
MR. YANNETTI: And that was prior to January of 2022 or you’ve now been there for seven years as of today?
MS. TRAYERS: As of today.
MR. YANNETTI: As of today. Prior to being a bartender at the Waterfall did you have another bartending job somewhere else?
MS. TRAYERS: Yes.
MR. YANNETTI: Where was that?
MS. TRAYERS: I bartended a couple places.
MR. YANNETTI: In what towns or cities?
MS. TRAYERS: A couple in Canton.
MR. YANNETTI: And the couple in Canton, was that immediately prior to moving to the Waterfall?
MS. TRAYERS: Yes.
MR. YANNETTI: All right. And we don’t have to get into the names of them, but how many years were you a bartender in Canton prior to going to the Waterfall?
MS. TRAYERS: Prior to the Waterfall, about four.
MR. YANNETTI: Okay. So for about the last 11 years you’ve been a bartender at one establishment or another in the town of Canton; correct?
MS. TRAYERS: Yes.
MR. YANNETTI: Are you from Canton?
MS. TRAYERS: I am.
MR. YANNETTI: Did you grow up in Canton?
MS. TRAYERS: Yes.
MR. YANNETTI: And you no longer live in Canton?
MS. TRAYERS: I recently moved back.
MR. YANNETTI: Now you’re back to Canton?
MS. TRAYERS: Uh-hmm.
MR. YANNETTI: I got you. Okay. And you had, I believe, testified on direct examination that you either know or know of the Albert family; correct?
MS. TRAYERS: Correct.
MR. YANNETTI: You would agree with me that they are a well- known family in the town of Canton?
MR. LALLY: Objection.
JUDGE CANNONE: Overruled.
MS. TRAYERS: Do I answer that?
JUDGE CANNONE: Yes, you can.
BY MR. LALLY:
MR. YANNETTI: She said “Overruled,” so you can.
MS. TRAYERS: I would say yes.
MR. YANNETTI: Okay. And how many members of the Albert family do you know either personally or professionally? And, by “professionally,” I mean, obviously, you’re a bartender, and “personally” means that you know them on some other -- in some other way.
MS. TRAYERS: It would only be professionally.
MR. YANNETTI: Okay.
MS. TRAYERS: And I’d say three -- or the whole family of Alberts, is that what you’re asking?
MR. YANNETTI: Yes.
MS. TRAYERS: Five of them.
MR. YANNETTI: Okay. And if I asked you the names of the Albert family that you know, would you be able to tell this jury?
MS. TRAYERS: Yes.
MR. YANNETTI: If you would do that, please.
MS. TRAYERS: There’s Brian Alberts, Chris Alberts. I can’t remember their wives’ names.
MR. YANNETTI: Okay. But you know their wives by face?
MS. TRAYERS: Yeah. And then Brian’s daughter, Caitlin.
MR. YANNETTI: Okay. And specifically with regard to Caitlin Albert, can you tell us, is there a difference in age between the two of you? Is she closer to your age than the others?
MS. TRAYERS: She is closer to my age. She’s younger than me.
MR. YANNETTI: Okay. Did you see Caitlin Albert at the Waterfall on the night of January 28th, into the 29th of 2022?
MS. TRAYERS: Yes.
MR. YANNETTI: You also mentioned that you had seen somebody named Brian Higgins there; correct?
MS. TRAYERS: Correct.
MR. YANNETTI: He was somebody that you recognized prior to that day; correct?
MS. TRAYERS: Correct.
MR. YANNETTI: And how did you know or come to recognize Brian Higgins?
MS. TRAYERS: From Waterfall.
MR. YANNETTI: Did you know his name, specifically his last name, on January 28th when you were working that night?
MS. TRAYERS: Yes.
MR. YANNETTI: When did you learn his name, if you remember?
MS. TRAYERS: I don’t remember.
MR. YANNETTI: At some point in the past when he had been in the bar, for some reason you knew his name, Brian Higgins?
MS. TRAYERS: Prior, yes.
MR. YANNETTI: And you had testified, I believe, on direct examination that you had seen Brian Higgins with Brian Albert at the Waterfall on prior occasions; correct?
MS. TRAYERS: Correct.
JUDGE CANNONE: So, Mr. Yannetti, it’s time for lunch. I don’t imagine you’re going to finish in five minutes; right?
MR. YANNETTI: It won’t be too much longer than that, but it’s probably good to take a break now.
JUDGE CANNONE: All right. Ms. Trayers, I’m going to ask you to come back here at 2:00. Jurors, we’ll take the luncheon break.
(Whereupon, the jury was escorted from the courtroom.)
(Whereupon, the defendant was escorted from the courtroom and the luncheon recess was taken.)
A F T E R N O O N S E S S I O N
(Court resumes at 2:12 p.m.)
(Defendant present. Jury present.)
JUDGE CANNONE: Could we have Ms. Trayers, please?
(Whereupon, the witness resumes the witness stand.)
JUDGE CANNONE: All right, Mr. Yannetti.
MR. YANNETTI: Thank you, Your Honor.
BY MR. YANNETTI:
MR. YANNETTI: Good afternoon again, ma’am.
MS. TRAYERS: Good afternoon.
MR. YANNETTI: I believe you had testified that you knew John O’Keefe as a prior customer in the bar; correct?
MS. TRAYERS: Correct.
MR. YANNETTI: And that particular night John appeared to be in a good mood; would you agree?
MS. TRAYERS: Yes.
MR. YANNETTI: In fact, John is a pretty good tipper?
MS. TRAYERS: I wouldn’t really know.
MR. YANNETTI: Well, with regard to that particular night, there was one receipt that was introduced in Exhibit 54. You probably didn’t take a close look at it.
MS. TRAYERS: No.
MR. YANNETTI: But if I suggested to you that there was a receipt for a total of $16.58 worth of drinks and John put a tip down of ten bucks, that would be a pretty good tip; right?
MS. TRAYERS: Yes.
MR. YANNETTI: And do you need to see the receipt to confirm that or --
MS. TRAYERS: No.
MR. YANNETTI: Does that makes sense?
MS. TRAYERS: Yeah.
MR. YANNETTI: Okay. And that night John’s demeanor seemed fine; would you agree?
MS. TRAYERS: Yes.
MR. YANNETTI: You didn’t notice John buying drinks for a woman that night; did you?
MS. TRAYERS: No.
MR. YANNETTI: And, with regard to your, you know, sort of scanning the people that were there within that group, one of your duties as a bartender is to make sure that nobody is over served; right?
MS. TRAYERS: Correct.
MR. YANNETTI: And, so, you know, while you don’t watch every movement all the time, you do look for signs that somebody might be over served; correct?
MS. TRAYERS: Correct.
MR. YANNETTI: And, with regard to the group that came in, the receipts for which you were shown today, nobody really seemed highly intoxicated to you; correct?
MS. TRAYERS: No.
MR. YANNETTI: If I might just have a moment?
JUDGE CANNONE: Yes.
MR. YANNETTI: I have no further questions. Thank you, ma’am.
JUDGE CANNONE: Anything?
MR. LALLY: No redirect, Your Honor.
JUDGE CANNONE: All right. Ms. Trayers, thank you very much.
MS. TRAYERS: Thank you.
(Whereupon, the witness is excused.)
MR. YANNETTI: Your Honor, may I approach counsel table for the witness’s read back?
JUDGE CANNONE: Yes. I was actually just looking for it.
MR. YANNETTI: Oh, it’s here. Sorry.
JUDGE CANNONE: That’s okay. Thank you. All right. Your next witness, Mr. Lally?
MR. LALLY: Yes, Your Honor. The Commonwealth would call Mr. Nicholas Kolokithas to the stand.