Trial 1 Trial Day
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Day 8 - May 9, 2024

Judge Beverly J. Cannone · Trial 1 · 5 proceedings · 1,757 lines

Day 8 of 35
Appearing:

Cross-examination of Chris and Julie Albert covers law-enforcement relationships, Chris Albert's lack of recall about mentioning Colin in a February 10 interview, and Yannetti's phone-record questions about Julie Albert's contacts with Courtney Proctor.

Full day summary

Day 8 centers on Canton residents Chris and Julie Albert; Chris is Brian Albert's brother and Julie his sister-in-law. Each testified about the January 28, 2022 gathering at the Waterfall bar, describing no conflict between O'Keefe and Read and noting that Read arrived carrying a glass of clear liquid from a prior bar. On cross-examination, David Yannetti questioned the Alberts about their personal connections to Canton law enforcement and the Proctor family. When Yannetti asked Chris Albert whether he had failed to tell Trooper Proctor during a February 10 interview that Colin Albert had been at 34 Fairview Road on the night of the incident, Chris Albert said he did not remember. Yannetti also used phone records to ask Julie Albert about 67 calls with Courtney Proctor between February 1 and September 6, 2022. Albert said she did not recall the timeframe-specific contact or exact count, did not deny the count, and denied using Courtney Proctor as an intermediary to communicate with Michael Proctor. Chris Albert's redirect gave explanations for the nickname and the two house sales, and Chris and Julie each testified that they did not observe injuries on Colin, Brian, or Higgins.

  • When Yannetti asked whether Chris Albert had told Trooper Proctor that Colin was at 34 Fairview Road that night, Albert said he did not remember.
  • Yannetti established the Albert family's extensive personal ties to Canton law enforcement, including a detective brother, Lt. Michael Lank, former Chief Berkowitz, and the Proctor family.
  • Yannetti used phone records to ask Julie Albert about 67 calls with Courtney Proctor between February 1 and September 6, 2022; Albert said she did not recall the timeframe-specific contact or exact count and did not deny the count.
  • Surveillance footage contradicted Chris Albert's direct testimony on his departure time from the Waterfall, showing he left at 12:13 AM rather than the 12:05–12:10 he claimed.
  • Both Alberts corroborated that Karen Read arrived at the Waterfall carrying a glass of clear liquid brought from C.F. McCarthy's.
David Yannetti
“When you spoke to Trooper Proctor on February 10th, 2022, you would agree with me that you never mentioned that Colin Albert was at your brother Brian's house that night.”
Yannetti asked whether Chris Albert omitted Colin's presence from his February 10 interview with Trooper Proctor; Albert said he did not remember.
David Yannetti
“Are you aware that between February 1st of 2022 and September 6th of 2022, you and Courtney Proctor spoke by phone 67 times?”
Yannetti cited records showing 67 calls between Julie Albert and Courtney Proctor during a defined February-to-September 2022 period; Albert said she did not recall the exact number, and the exchange did not establish the calls' content or a back channel.
David Yannetti
“Were you using Courtney Proctor as an intermediary to communicate with Michael Proctor about this case?”
Yannetti directly asked whether Julie Albert used Courtney Proctor as an intermediary to communicate with Michael Proctor; Albert denied doing so.
Video thumbnail for Day 8 — Chris Albert, Julie Albert 3h 48m
Watch this day Day 8 — Chris Albert, Julie Albert Watch with synced transcript →

Chris Albert — Direct

After the court's opening and jury-instruction check, Chris Albert testified about seeing John O'Keefe and Karen Read at the Waterfall on January 28, 2022, and learning of O'Keefe's death the next morning.

Direct
Chris Albert Adam Lally
375 lines

Chris Albert, a Canton pizza shop owner and neighbor of John O'Keefe on Meadows Avenue, testified about the evening of January 28, 2022. He described arriving at the Waterfall bar around 9:50 PM after closing his shop, where he joined his wife, the McCabes, and others. O'Keefe and Karen Read arrived around 10:45 PM; Albert noted Read carried a glass of clear liquid under her jacket. The group socialized at a high-top table near a live band. During the time he observed them, Albert testified that he did not notice any arguments or unusual interaction between O'Keefe and Read. He walked home around midnight in light snow and learned the next morning from his wife that O'Keefe had been found dead on the lawn at 34 Fairview Road, his brother Brian's house.

+1 procedural segment

Chris Albert — Cross

Yannetti questioned Chris Albert about individual law-enforcement relationships as a defense credibility theme, the Waterfall timeline, the Nebbercracker nickname, and Colin's whereabouts.

Cross
Chris Albert David Yannetti
701 lines

David Yannetti questioned Chris Albert about his relationships with law-enforcement figures, the timing of Brian Albert's move from Canton, the Nebbercracker nickname, lawn-related photographs, and Colin Albert's whereabouts. Albert acknowledged individual relationships and that Brian moved shortly after O'Keefe's death. He denied the asserted Colin conflict and described the nickname as a joke shared with O'Keefe. When Yannetti asked whether Albert had omitted Colin's whereabouts during a February 10 interview, Albert said he did not remember.

Chris Albert — Redirect

On redirect, Chris Albert addressed his selectman timeline, the reasons for his and Brian Albert's house sales, the lack of observed injuries, and the friendly origin of John O'Keefe's "Nebbercracker" nickname.

Redirect
Chris Albert Adam Lally
59 lines

ADA Lally conducted a brief redirect to rehabilitate Chris Albert on points raised during cross-examination. Lally established that Albert was not yet a selectman on January 28, 2022, and that the photograph with former Chief Berkowitz was from a fundraiser months later. Albert explained he sold his house for financial reasons as his children aged, and testified that after learning Chris was selling his house, Brian decided it might be a good idea to sell his house because Brian's children were getting older. On the subject of Colin Albert, Chris testified Colin came home about 10 minutes after he got into bed and showed no injuries that night or the following day. He also observed no injuries on Brian Albert or Brian Higgins the next day. Lally concluded by eliciting the full Nebbercracker story — a lighthearted nickname stemming from O'Keefe jokingly telling Albert's young son to get off his lawn, after which O'Keefe brought the boy candy as an apology.

Julie Albert — Direct

Julie Albert recounts the Waterfall gathering, Read’s clear drink, her early departure, the late-night arrivals home, and the next morning’s upset scene at 34 Fairview Road.

Direct
Julie Albert Adam Lally
420 lines

Julie Albert, a Canton resident and sister-in-law to Brian Albert, describes the social gathering at the Waterfall bar on the evening of January 28, 2022. She establishes the timeline of arrivals: she arrived around 7:30 PM with Nicole Albert and Caitlyn Albert, her husband Christopher joined around 9:30 PM, then Brian Albert Sr. and Brian Higgins arrived, followed by the McCabes, the Kolokithas couple, and finally John O'Keefe and Karen Read before 11 PM. Albert notes that Read arrived carrying a glass with a clear liquid from C.F. McCarthy's. Albert left approximately 10-15 minutes after O'Keefe and Read arrived due to a migraine. She testifies that her husband came home around 12:10 AM and her son Colin arrived 10-15 minutes later, and she observed no injuries on either. The next morning she went to 34 Fairview Road to deliver birthday donuts for her nephew and found the group visibly upset, learning from Jennifer McCabe that something had happened to John O'Keefe.

Julie Albert — Cross (Part 1)

Yannetti questions Julie Albert about her Proctor-family ties and 67 calls with Courtney Proctor during February–September 2022. Albert often says she does not recall the calls and denies acting as an intermediary.

Cross
Julie Albert David Yannetti
190 lines

David Yannetti's cross-examination of Julie Albert addressed her personal ties to the Proctor family and phone contacts with Courtney Proctor. Yannetti used phone records to question Albert about 67 calls between February 1 and September 6, 2022, including calls on the dates of Karen Read's arrest and arraignment. Albert said she did not recall the timeframe-specific contact or most calls, did not deny the count, and denied using Courtney Proctor as an intermediary to communicate with Michael Proctor. The court adjourned for the day, ordering Albert to return the next morning.

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