Trial 1 Trial Day
◀ Day 7 Trial 1 Day 9 ▶

Day 8 - May 9, 2024

Waterfall Video Timing And Albert Relationship Questioning

8Proceedings
5Pages
2Witnesses
2,244Lines
9 sidebars
Day 8 of 35
Appearing:

Waterfall video timing, Canton relationship questioning, and Julie Albert's account of the gathering were examined.

Full day summary

Chris Albert completed testimony about the Waterfall gathering, his Canton and law-enforcement connections, and events after the gathering. Waterfall surveillance showed him leaving at about 12:13 a.m., inconsistent with his earlier estimate that he had reached home by 12:05 or 12:10 a.m.; he later estimated the walk home at about five minutes. The court admitted a photograph of Albert with former Canton Police Chief Kenneth Berkowitz and limited several lines of defense questioning about family and law-enforcement relationships. Julie Albert then testified that John O'Keefe and Karen Read arrived at the Waterfall shortly before 11:00 p.m. and that she left soon afterward. On cross-examination, the court limited questioning about her relationships with Michael and Courtney Proctor while allowing narrower questions about her communications and prior child care for Courtney Proctor's children.

Chris Albert Describes Waterfall Gathering and January 29 Notification

The prosecution played a portion of Exhibit 53, Waterfall surveillance, and Albert identified John O’Keefe and Ms. Read entering the establishment.

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Chris Albert - Cross (Resumed)

A Waterfall video clip was played; Albert identified himself leaving at about 12:13 a.m. and agreed that this timing was inconsistent with his earlier estimate of arriving home by 12:05 or 12:10 a.m.

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Chris Albert - Cross (Resumed)

A photograph identified by Albert as depicting himself and Kenny Berkowitz was admitted as Exhibit 55 and published to the jury.

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Julie Albert - Cross-Examination

At sidebar, defense counsel said the questioning was intended to explore relationships relevant to the defense's criticism of the investigation; the judge directed counsel to keep the inquiry focused and proceed question by question.

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Julie Albert — Direct Examination

Julie Albert described John O’Keefe and Karen Read arriving at the Waterfall shortly before 11:00 p.m.; she said Read stopped at the table with a glass containing a clear liquid.

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Video thumbnail for Day 8 — Chris Albert, Julie Albert 3h 48m
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1. Chris Albert — Direct

Christopher Albert described the Waterfall gathering where John O’Keefe and Karen Read joined relatives and acquaintances before leaving later that night.

Procedural
Procedural - Motions
17 lines
Direct
Chris Albert Adam Lally
407 lines

Christopher Albert testified about knowing John O’ Keefe as a neighbor and friend, then described joining relatives and acquaintances at the Waterfall on January 28, 2022. He said John O’ Keefe and Karen Read later joined the group, that the atmosphere was fine, and that he did not notice anything abnormal between them. Albert described discussion of going to D&E Pizza or Brian's house afterward, said he walked home near the time John O’ Keefe and Ms. Read left, and identified them in a played portion of Waterfall surveillance. He also recounted that his wife told him the next morning that John had died and had been found on the front lawn of 34 Fairview.

2. Chris Albert — Cross

Defense cross-examination of Chris Albert focused on his connections to Canton law enforcement and on Waterfall video timing that led him to revise his estimate of when he reached home.

Cross
Chris Albert David Yannetti
163 lines

Defense counsel questioned Chris Albert about his family's Canton ties and his connections to local police. At sidebar, counsel argued that relationships involving Michael Proctor were relevant to bias and credibility; the judge sustained the Commonwealth's objection to further questioning about older family connections and directed counsel to focus on two identified areas of cross-examination. Albert later said he had known Michael Proctor roughly 15 years and described a long-standing but limited social relationship with former Canton Police Chief Kenneth Berkowitz, who attended a campaign event and whom Albert believed donated to the campaign.

1 sidebar inside this proceeding
  1. Proctor Relationships and Timing Cross The parties disputed questions about Chris Albert's connections to Trooper Proctor and prior timing testimony; the judge limited cross-examination to two stated timing points.
sidebar
Unopposed Photograph for Jury Display
6 lines

Defense counsel sought to introduce and display a photograph of two people together; the Commonwealth stated it had no objection.

Cross
Chris Albert
207 lines

Defense counsel introduced Exhibit 55, a photograph Albert identified as showing himself with Kenny Berkowitz, then questioned Albert about relationships involving Canton law enforcement and his family. Albert acknowledged a long acquaintance and friendship with Lieutenant Michael Lank, said he and Michael Proctor had attended a couple of social events together, and qualified some of the defense's characterizations of those relationships. The judge sustained objections to several questions concerning Brian Albert.

sidebar
Proctor-Related Impeachment Question
15 lines

The parties disputed hearsay and impeachment questions about statements connected to Trooper Proctor and alleged relationships; the judge excluded the material at that point.

Cross
Chris Albert David Yannetti
595 lines

Defense counsel continued questioning Chris Albert about his relationship with John O’ Keefe, his observations at the Waterfall, and the text message inviting John to join the group. A Waterfall video showed Albert leaving at about 12:13 a.m.; Albert agreed that he could not have arrived home by his earlier 12:05-to-12:10 estimate and later estimated the walk home at about five minutes. The court addressed a misunderstanding about that timing at sidebar, admitted two photographs of Albert and Julie at John O’ Keefe's fence, and allowed a final question about whether Albert had mentioned Colin Albert's whereabouts to Trooper Proctor; Albert said he did not remember.

2 sidebars inside this proceeding
  1. Exhibit 48 Text Excerpt Publication The parties addressed publishing a text excerpt already contained in Exhibit 48, and the excerpt was marked as Exhibit T for identification.
  2. Social-Media Photo Identification Counsel discussed a social-media photo and comment involving Michael Proctor's mother and Chris Albert; the judge kept the prior exclusion in place while allowing identification marking.

3. Chris Albert — Redirect

Chris Albert said Colin Albert arrived home about ten minutes after he went to bed and that he observed no injuries on Colin, Brian Albert, or Mr. Higgins.

Redirect
Chris Albert Adam Lally
70 lines

The prosecution clarified that Chris Albert’s son Colin came home about ten minutes after Albert got into bed and that Albert did not observe injuries on Colin, Brian Albert, or Mr. Higgins. Albert also described “Mr. Nebbercracker” as a joking nickname for John and said John found photographs taken on his fence funny.

sidebar
Separate Matter Deferred to 12:30
8 lines

The judge and defense counsel deferred discussion of a separate matter until 12:30 and continued with testimony.

Procedural
Procedural
3 lines

4. Julie Albert — Direct

Julie Albert recounts the Waterfall gathering and her visit to 34 Fairview Road the next morning.

Direct
Julie Albert Adam Lally
460 lines

Julie Albert described her relationship with John O’Keefe and her limited social contact with Karen Read, then recounted the January 28 Waterfall gathering. She testified that O’Keefe and Read arrived shortly before 11:00 p.m., that Read carried a glass with a clear liquid, and that she left soon afterward with a migraine. The next morning, she went to 34 Fairview Road, where she said the people present appeared upset and Jennifer McCabe told her something had happened to O’Keefe. The judge overruled a defense objection during that account. Julie Albert also testified that she observed no injuries on Brian Albert, Sr., Brian Higgins, or her son Colin during the periods she described.

5. Julie Albert — Cross (Part 1)

Julie Albert’s cross-examination focused on her relationships and communications with Michael and Courtney Proctor, with the judge limiting several broader questions.

Cross
Julie Albert David Yannetti
131 lines

Defense counsel questioned Julie Albert about her relationships with Michael Proctor and Courtney Proctor, including socializing and child care. At sidebar, counsel said the inquiry related to the defense's criticism of the investigation; the judge required a narrower, question-by-question approach and later sustained objections to some broader relationship questions.

1 sidebar inside this proceeding
  1. Proctor Family Relationship Questions The parties discussed questions about Julie Albert's ties to the Proctor family and investigation-related contacts; the judge required a neater, question-by-question examination.
sidebar
Proctor Pool Photograph Exclusion
14 lines

The parties disputed authentication, hearsay, and materiality of a photograph at the Proctors' home; the judge excluded it while marking it for identification.

Cross
Julie Albert
141 lines

Defense counsel questioned Ms. Albert about her close relationship and communications with Courtney Proctor, including calls around Karen Read's arrest and arraignment. Ms. Albert did not recall the specific calls or their duration, and said a document shown to her did not refresh her memory. The judge allowed a question about whether Courtney Proctor served as an intermediary to Michael Proctor, which Ms. Albert denied, and sustained several later questions about communications, advance notice of the arrest, and the case's public prominence.

sidebar
Security Issue and FTR Switch
7 lines

The judge confirmed that a security issue would be addressed off the case record and directed the session to switch from the court reporter to FTR.

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