Chris Albert - Cross

MR. YANNETTI: Thank you. Good morning, sir.

MR. YANNETTI: Mr. Albert, you and I have never met, correct?

MR. YANNETTI: You've testified that you essentially lived in Canton your whole life, correct?

MR. YANNETTI: Moved there when you were four years old, correct?

MR. YANNETTI: You lived there for how long?

MR. YANNETTI: And you currently own D&E Pizza in Canton, correct? I believe you testified that you've owned it for approximately 25 years, correct? Clearly, you have a lot of ties to the city of Canton — would you agree?

MR. YANNETTI: You live there?

MR. YANNETTI: You work there?

MR. YANNETTI: You have family there?

MR. YANNETTI: You raised your kids there?

MR. YANNETTI: And you also are a town selectman in the city of Canton — the town of Canton, I should say. It's a town, correct?

MR. YANNETTI: Recently elected? And not only that, but your brother Kevin Albert is a police officer in Canton?

MR. YANNETTI: Your brother Brian Albert, with whom you grew up, is currently retired but had been a Boston police officer who lived in Canton, correct?

MR. YANNETTI: You would agree with me that Brian Albert only moved from Canton after John O'Keefe was found dead on his front lawn, correct?

MR. YANNETTI: I'll phrase it the exact same way and ask for a yes or no, if you can do that. You would agree with me that your brother Brian Albert only moved from Canton after John O'Keefe was found dead on his front lawn?

MR. YANNETTI: Your brother Tim Albert lives with your parents in Canton, correct?

MR. YANNETTI: And Tim Albert and your parents live directly across the street from the Canton Police Department, correct?

MR. YANNETTI: Do you know whom they bought that house from?

MR. YANNETTI: But you still live in Canton, correct?

MR. YANNETTI: And you would agree that your entire family has deep roots in the town of Canton?

MR. YANNETTI: You would agree with me that the Albert family is well known in the town of Canton?

MR. YANNETTI: And you would agree with me that the Albert family is a powerful family in the town of Canton? As a town selectman, you have some power, do you not?

MR. YANNETTI: And as a police detective, Kevin Albert has some power, does he not?

MR. YANNETTI: You also have close friends on the Canton Police Department, do you not?

MR. YANNETTI: Now, you know that Massachusetts State Police Trooper Michael Proctor is the lead investigator on this case, correct?

MR. YANNETTI: One of your wife's best friends is Michael Proctor's sister, Courtney Proctor, correct?

MR. YANNETTI: You know Courtney Proctor, correct?

MR. YANNETTI: And you know her to be Michael Proctor's sister, correct?

MR. YANNETTI: You attended Michael Proctor's sister's wedding, correct? Now, may we approach?

MR. YANNETTI: I believe you testified, sir, that you've known Michael Proctor's sister for about 20 years.

MR. YANNETTI: I believe — didn't you testify to that on direct examination just moments ago when Mr. Lally was asking you questions?

MR. YANNETTI: How long have you known Michael Proctor?

MR. YANNETTI: All right. Who is Kenneth Berkowitz?

MR. YANNETTI: And how do you know him?

MR. YANNETTI: You became friendly with him?

MR. YANNETTI: And how would you characterize your relationship with him?

MR. YANNETTI: You've seen him socially? Really? You've been out for drinks with him?

MR. YANNETTI: And you've known him for how long?

MR. YANNETTI: And you say you've only been out with him for drinks one time in those 20 years?

MR. YANNETTI: What other types of activities have you done together?

MR. YANNETTI: Have you been out with him in a group setting?

MR. YANNETTI: And what event was that?

MR. YANNETTI: He was one of your supporters. He came by, did he? Did he donate money to your campaign?

MR. YANNETTI: May we approach?

MR. YANNETTI: I'm going to display a photograph, with the court's permission, on the screen, and I'd ask you to take a look at it and, if you can, let the jury —

MR. YANNETTI: Yes. We do have a hard copy. Why don't you show it to the witness and put it in?

MR. YANNETTI: May I approach?

MR. YANNETTI: Sir, I've handed you a photograph. Do you recognize what that depicts?

MR. YANNETTI: What does it depict?

MR. YANNETTI: And is that a fair and accurate representation of you and Kenny Berkowitz — you mean, is that a picture of us?

MR. YANNETTI: Yes. Okay. I would offer that.

MR. YANNETTI: So, Mr. Albert, that's obviously you on the right and Kenny Berkowitz on the left, correct? Have you seen that photo before?

MR. YANNETTI: You recall when?

MR. YANNETTI: Okay. And when would it have been that you saw that photograph?

MR. YANNETTI: Has Mr. Lally shown you that photograph?

MR. YANNETTI: Has he informed you that the defense would be introducing that photograph during this trial?

MR. YANNETTI: You can take the photo down, Mr. Woll, please. You would agree with me that one of your functions as a selectman is to oversee public safety in the town?

MR. YANNETTI: And you would agree that the police department is a key component of public safety in the town of Canton?

MR. YANNETTI: So part of your duties as a town selectman is to oversee the Canton Police Department, correct?

MR. YANNETTI: Is that one of your duties, sir?

MR. YANNETTI: And you became a town selectman shortly after Kenny Berkowitz retired, correct?

MR. YANNETTI: But you would agree with me that Kenny Berkowitz has both personal and professional relationships with you and members of your family, correct?

MR. YANNETTI: You would agree with me that the former Canton police chief Kenny Berkowitz has both personal and professional relationships with you and members of your family.

MR. YANNETTI: Well, your brother Kevin Albert worked under Chief Berkowitz, correct?

MR. YANNETTI: Would you consider that to be a professional relationship between them two?

MR. YANNETTI: And your brother Brian Albert attended Chief Berkowitz's retirement party, did he not?

MR. YANNETTI: But your brother Brian is also a friend of Kenny Berkowitz, is he not?

MR. YANNETTI: And as far as your ties to the Canton Police, you would agree with me that Lieutenant Michael Lank is a member of the Canton Police Department, correct?

MR. YANNETTI: And you've been friends with him for years, correct?

MR. YANNETTI: You've been childhood friends with him since the age of 12, correct?

MR. YANNETTI: And you're tight with him?

MR. YANNETTI: He's not an enemy of yours, is he?

MR. YANNETTI: He's a friend of yours, correct?

MR. YANNETTI: And does "sure" mean yes?

MR. YANNETTI: Now, your older brother Brian — you've already testified — was a Boston police officer for years, correct?

MR. YANNETTI: Your brother Brian Albert is someone who is close to his family, correct?

MR. YANNETTI: And he achieved some notoriety on a television show, did he not? He was in The Fugitive unit, correct?

MR. YANNETTI: And you know that your brother Brian was also a trained boxer, correct?

MR. YANNETTI: Brian is a lot bigger guy than you are, correct?

MR. YANNETTI: And when I say his family, I'm talking about not just his wife and children, but also his extended family, correct?

MR. YANNETTI: You were part of his family, obviously, correct?

MR. YANNETTI: And your son Colin is part of his family, correct?

MR. YANNETTI: The Albert family is close, correct?

MR. YANNETTI: You all essentially grew up in Canton, correct?

MR. YANNETTI: And you hung out with each other growing up, correct?

MR. YANNETTI: And you still hang out with each other quite often, correct?

MR. YANNETTI: Sure. But you hang out with your family, do you not?

MR. YANNETTI: And you go out for drinks together, correct?

MR. YANNETTI: And you're protective of each other, correct?

MR. YANNETTI: And if someone had a dispute with a member of the Albert family, Brian wouldn't be happy about that, correct?

MR. YANNETTI: You know that Brian would stick up for your kids, correct? Your son Colin is particularly close to your brother Brian, is he not?

MR. YANNETTI: In fact, your son Colin was a football player through high school, was he not?

MR. YANNETTI: What was his number in high school?

MR. YANNETTI: And was that for 34 Fairview?

MR. YANNETTI: Now, you testified you moved to Maple Street in Canton not long before January 28th of 2022, correct?

MR. YANNETTI: And before that you lived at 7 Meadow Ave in Canton, correct? And that was when John O'Keefe was your neighbor, correct?

MR. YANNETTI: I believe you testified he was a couple of houses away from you?

MR. YANNETTI: And he was your neighbor for a series of years, was he not?

MR. YANNETTI: While he was living in the neighborhood, you knew that he was working as a Boston police officer, correct?

MR. YANNETTI: And you were familiar with him, correct?

MR. YANNETTI: You knew who he was. You became familiar with —

MR. YANNETTI: And you knew that he was not married, correct?

MR. YANNETTI: And at a certain point you knew that he was dating Karen Read?

MR. YANNETTI: Now, you would agree with me that your family has a police background, sir?

MR. YANNETTI: Two of your brothers are or were police officers, correct?

MR. YANNETTI: And you knew friends of your brothers who were also police officers or in law enforcement, correct?

MR. YANNETTI: And you've already testified that you know some members of the Canton Police Department, correct?

MR. YANNETTI: And you socialized with police officers, did you not?

MR. YANNETTI: You've been to bars with police officers, correct?

MR. YANNETTI: And you drank with police officers, right?

MR. YANNETTI: And were friendly with police officers, correct?

MR. YANNETTI: And with regard to — I'd like to ask some questions about people specifically connected to this case. We've established that Lieutenant Lank has been a friend of yours for years, correct?

MR. YANNETTI: We've established that you know former police chief Kenneth Berkowitz in such a way that you feel comfortable calling him before this jury "Kenny Berkowitz," correct?

MR. YANNETTI: And he's actually donated to your campaign when you were running for town selectman, correct?

MR. YANNETTI: And you also knew Michael Proctor prior to January 29th of 2022, correct?

MR. YANNETTI: You've attended social events together with him, have you not?

MR. YANNETTI: So at some point Michael Proctor came to question you, did he not, along with another trooper, correct?

MR. YANNETTI: And at the point in time when Michael Proctor came to question you, you knew who he was, correct?

MR. YANNETTI: You knew him by face, correct?

MR. YANNETTI: Without getting into the precise wording, you'd agree with me that there was no need for Michael Proctor to formally introduce himself to you for that meeting, correct?

MR. YANNETTI: And you knew him by name, correct?

MR. YANNETTI: There was no need for Michael Proctor to formally introduce himself to you, was there?

MR. YANNETTI: What did he say when he first walked in the door in terms of introductions?

MR. YANNETTI: Sure.

MR. YANNETTI: He didn't need to say "How do you do, I am Michael Proctor," correct?

MR. YANNETTI: Do you consider the Proctors to be the Alberts' second family?

MR. YANNETTI: You are aware that there are members of the Proctor family who have posted publicly that the Alberts are their second family, correct?

MR. YANNETTI: You knew that Karen Read had been charged in this case, correct?

MR. YANNETTI: And you knew that John O'Keefe had been found dead on your brother's lawn, correct?

MR. YANNETTI: Did it occur to you that it was odd that the state police sent somebody from the Proctor family to interview you on February 10th, 2022? All right. Now, you've testified that on January 28th of 2022 — that day, that Friday — that you were working, John O'Keefe stopped in to D&E Pizza, to your shop, correct?

MR. YANNETTI: And there was discussion about whether you would be going out that night, and if so, where you would be, correct?

MR. YANNETTI: Now, you've previously on direct examination characterized your relationship with him as being friends, correct?

MR. YANNETTI: It's fair to say, however, that prior to January 28th of 2022, you had never exchanged personal information with John O'Keefe, correct?

MR. YANNETTI: A phone number.

MR. YANNETTI: And at that point in time he had lived in your neighborhood for four to five years, correct?

MR. YANNETTI: So I believe you've testified that that night, after working, you went out around 10 minutes of 10 p.m. roughly. Before going out, did you have anything alcoholic to drink?

MR. YANNETTI: So you have a refrigerator there that you can keep drinks cold, correct?

MR. YANNETTI: And you do have beers in that fridge sometimes, personal use?

MR. YANNETTI: Do you know how many beers you would have had before going out?

MR. YANNETTI: And would you have drunk that beer as you were cleaning up at the end of the night?

MR. YANNETTI: Did you have anything to eat at the pizza shop?

MR. YANNETTI: When did you last eat before you went out at 9:50 or so?

MR. YANNETTI: And you knew that your wife Julie was starting the night at C.F. McCarthy's, correct?

MR. YANNETTI: And you couldn't meet her there because you were still working, right?

MR. YANNETTI: But at some point you heard that Julie and others were headed to the Waterfall, correct?

MR. YANNETTI: And that was where you planned to go after you closed up D&E Pizza, correct? With regard to the time that you left — 9:50 or so — is your best estimate of when you're closing the doors and walking over to the Waterfall?

MR. YANNETTI: And the Waterfall is a short walk to D&E Pizza?

MR. YANNETTI: About that. And your plan was to walk there that night, correct?

MR. YANNETTI: You had not taken a car to D&E Pizza anyway, right?

MR. YANNETTI: So what time did you get to the Waterfall?

MR. YANNETTI: All right. And I believe you've testified that John O'Keefe and Karen Read were not there when you arrived, right?

MR. YANNETTI: And the food that you ordered — you remember what appetizers you would have gotten?

MR. YANNETTI: And did you order a drink along with the appetizers?

MR. YANNETTI: All right. And that would have been the Miller Lite that you talked about, correct? Then not long after you got there, Brian Albert and Brian Higgins showed up, correct?

MR. YANNETTI: And you have met Brian Higgins

MR. YANNETTI: In fact, you had testified that you had seen him around quite a bit, correct?

MR. YANNETTI: And you knew him — I believe your testimony was from him working inside the Canton police station, correct?

MR. YANNETTI: Did you testify on direct examination, quote, "I knew him from working inside Canton PD"?

MR. YANNETTI: And you've been inside Canton Police, correct?

MR. YANNETTI: You knew that Brian Albert, your brother, and Brian Higgins were friends, correct?

MR. YANNETTI: So are you saying that they were acquaintances?

MR. YANNETTI: You guess they're —

MR. YANNETTI: Was there something confusing about my question the first time I asked it? In any case, would you agree that shortly before Brian Albert and Brian Higgins arrived at the waterfall — or shortly after they did — there was a couple whom you called a Greek couple, because their last name is difficult for everybody to pronounce. Do you remember them being there?

MR. YANNETTI: If I mention the name Kolokithas, does that ring a bell?

MR. YANNETTI: Okay. And the whole group was either standing or sitting around a high-top table —

MR. YANNETTI: And at 9:45 p.m. you texted John O'Keefe while you were at the waterfall, correct?

MR. YANNETTI: Would you agree with me that the language of your text was, quote, "Get over here or I'll — up your lawn," end quote?

MR. YANNETTI: Hold on a moment. May I approach?

MR. YANNETTI: I'm sorry, I don't think I need to approach. Go ahead — that's fine. Thank you. I've placed a document before you, sir. Take a look at that and tell the jury whether or not you recognize it.

MR. YANNETTI: What is it?

MR. YANNETTI: Okay. And who are the participants in that text message exchange?

MR. YANNETTI: And what is it that you said, and at — what time? So the first one — [unintelligible]

MR. YANNETTI: At this point, I do, yes.

MR. YANNETTI: And just for the record — — and for the jury's edification, this is part of Exhibit 48, which is already in evidence. But I would ask that this particular exchange be posted on the screen.

MR. YANNETTI: Okay. So you'd agree that when you say it was two text messages, they're both with regard to the same subject, correct?

MR. YANNETTI: It says "Get over here," right? And then the second is a continuation of that: "If not, I'm going to — up your lawn," correct?

MR. YANNETTI: So you're telling John O'Keefe this, correct?

MR. YANNETTI: All right. And that little emoji — that face emoji — after "If not, I'm going to — up your lawn" — that's a laughing face, right?

MR. YANNETTI: Okay. Sorry. Thank you. Sorry. Okay. Apologies. Okay, we can take that down. At about 10:45 p.m. or so, I believe you testified that that was when John O'Keefe walked into the bar with his girlfriend Karen Read?

MR. YANNETTI: Would you agree with me that between the time you arrived and the time you eventually left, you did go up to the bar within that establishment a few times?

MR. YANNETTI: And brought a few rounds of drinks?

MR. YANNETTI: Including that one round of Fireball shots, correct? What was the state of your sobriety when John and Karen arrived?

MR. YANNETTI: Fine. All right. You didn't feel intoxicated, or unable to perceive what was going on — you were still in control of your faculties?

MR. YANNETTI: And is it true that after John and Karen arrived, your wife Julie didn't want to stay any longer — or too much longer?

MR. YANNETTI: And by that point in time, you had been there about an hour — maybe a little less — when Karen and John arrived, right?

MR. YANNETTI: All right. And you were having fun?

MR. YANNETTI: And so Julie drove home, but you stayed?

MR. YANNETTI: All right. And in terms of Karen Read's drinking — as far as you could see, she had that glass that she came in with that appeared to have a clear liquid in it, correct?

MR. YANNETTI: And I believe you said either a lime or a lemon?

MR. YANNETTI: And you assumed that that was vodka and soda water, or vodka in some type of mixer — correct, that it was clear?

MR. YANNETTI: And if she was mixing in water in between alcoholic drinks, it would have been impossible for you to discern which — — drinks were water and which drinks were vodka, correct?

MR. YANNETTI: You can't tell that by eyeballing a drink, right?

MR. YANNETTI: Because both liquids are clear?

MR. YANNETTI: And in order to discern that, you'd actually have to be given a sip to see, right?

MR. YANNETTI: But in any case, Karen did not appear to be under the influence of alcohol to you?

MR. YANNETTI: She wasn't stumbling?

MR. YANNETTI: She wasn't swaying?

MR. YANNETTI: She didn't appear to be unbalanced?

MR. YANNETTI: She wasn't slurring her words?

MR. YANNETTI: She wasn't talking gibberish?

MR. YANNETTI: She was engaging in normal conversation, and she appeared — — to be under control?

MR. YANNETTI: And would you agree with me that she also appeared to be affectionate with John O'Keefe?

MR. YANNETTI: But in any case, you never saw any arguing between the two of them?

MR. YANNETTI: You didn't perceive any tension between them?

MR. YANNETTI: Okay. And from your observations of Karen Read that night — and you were there probably over two hours, were you not, total?

MR. YANNETTI: From your observations of Karen that night, you would have had no problem with her — — driving a car?

MR. YANNETTI: Okay. Now, would you agree with me that of the group that had met out that night, you were the last person to leave the waterfall on January 29th, 2022?

MR. YANNETTI: You testified on direct examination today that you thought you got home between 12:05 and 12:10 a.m. on January 29th, correct?

MR. YANNETTI: If I suggested to you that you didn't even leave the bar until 12:13 a.m., would you quarrel with that?

MR. YANNETTI: And is your memory exhausted as to the precise time that — — you left the bar? In other words, do you not remember the precise time that you left the bar that early morning?

MR. YANNETTI: That answers my question, thank you. With the Court's permission, may I publish Exhibit 53? It's a short clip from the waterfall.

MR. YANNETTI: I think we need to back up. [unintelligible] — at the high-top. If we can pause it for a second, please. You would agree with me this was clearly the end of the night?

MR. YANNETTI: The lights are all on at this point?

MR. YANNETTI: The bar appears to have largely emptied out?

MR. YANNETTI: Okay, continue please. Play it. There we go. [unintelligible] is much better at this than I am. Do you know who that person is who's leaving the bar at this point, at 12:13 and 43 a.m.? See that? It might be better without that spotlight.

MR. YANNETTI: See it now?

MR. YANNETTI: Continue, please. Okay, you can take that off the screen. So having now viewed that video with the timestamp of 12:13 and about 43 seconds or so, does that refresh your memory as to when you left the waterfall?

MR. YANNETTI: That would mean it would have been impossible for you to get home to Maple Street by 12:05 or 12:10, correct?

MR. YANNETTI: Now, it was about a — maybe a seven-minute walk home, would you agree with me? From the waterfall to Maple?

MR. YANNETTI: So it's your testimony that D&E is closer to the waterfall than the waterfall is to Maple Street?

MR. YANNETTI: I understand. Oh — I don't follow you. I'm sorry. I'll try to clarify. I don't mean to be confusing.

MR. YANNETTI: I'm not asking about the distance between D&E and your home. I'm trying to compare — or ask you to compare — the distance between D&E and the waterfall, and then the waterfall and your home. Do you see the difference?

MR. YANNETTI: Would you agree with me that your home is farther from the waterfall than D&E Pizza is from the waterfall?

MR. YANNETTI: Okay. So let's take it step by step. D&E Pizza to the waterfall — are they on the same street?

MR. YANNETTI: How many establishments, if you know, are between D&E Pizza and the waterfall?

MR. YANNETTI: Okay. So it's a very short walk from — D&E Pizza to the waterfall, correct?

MR. YANNETTI: Your home on Maple Street is not on the same street as the waterfall, correct?

MR. YANNETTI: And your home on Maple Street is farther from the waterfall than D&E Pizza is to the waterfall, correct?

MR. YANNETTI: Okay. I didn't understand it earlier — no, I know, and I'm trying to work through this because again I'm not trying to trick you here, I just want to get the answer. So you would agree with me that it would take you longer to walk home from the waterfall than it would take you to walk to the waterfall from D&E Pizza, correct?

MR. YANNETTI: And I believe you said that one walk was seven minutes and one walk was maybe less than five minutes, correct?

MR. YANNETTI: All right. The seven-minute walk would have been the walk home as opposed to the walk to the waterfall, correct?

MR. YANNETTI: All right. So you have agreed that you left the bar at 12:13, almost 12:14, according to the video, and it would have taken you about seven minutes to walk home, correct?

MR. YANNETTI: Thank you. It's been pointed out to me that I think we're not making a connection here, and I think it might be my fault. With regard to the timing of how long it took you to go home — I believe your estimate, your best estimate, is about five minutes. Is that your testimony? And when I say home, I'm not talking about from D&E Pizza; I'm talking about that early morning when you're at the waterfall.

MR. YANNETTI: Fair enough. So now if you're leaving the bar close to 12:14 as indicated on the video, you're getting home somewhere around 12:19, 12:20— —correct?

MR. YANNETTI: And what were you wearing that night?

MR. YANNETTI: Okay. And it had started to snow by that point?

MR. YANNETTI: So the ground was a little bit either slushy or wet?

MR. YANNETTI: And the snow had not yet started to accumulate, or had it?

MR. YANNETTI: All right. So you're walking home but it was cold, correct?

MR. YANNETTI: And would you agree that in the best case scenario you might have had a little bit more clothing on for that cold walk home?

MR. YANNETTI: But you could have used something else, right, in light of the weather?

MR. YANNETTI: All right. Because you testified that by the time you got home you were pretty cold, right?

MR. YANNETTI: You hadn't — you know, if it had been about a five-minute walk, that was enough time for you to walk in almost shivering, correct?

MR. YANNETTI: And given that there was precipitation — the snow had started — the sweatshirt would absorb the moisture as opposed to repel it, correct?

MR. YANNETTI: And so you were wet as well when you walked in, right?

MR. YANNETTI: And by that point in time you were tired, correct?

MR. YANNETTI: At that point. Okay. You had worked all day, correct — till late in the day, actually into the evening, correct?

MR. YANNETTI: Taking pizzas in and out of a hot oven, correct, as well as other food that you serve as well?

MR. YANNETTI: And by the way, you'd had a couple of drinks or a few drinks, whatever it was, at the waterfall, correct?

MR. YANNETTI: And you decided not to go to your brother Brian Albert's house, correct?

MR. YANNETTI: That was in part because you weren't up for the continued partying at that point, correct?

MR. YANNETTI: And so when you got home, would you agree with me that your— —first priority would have been getting out of the wet clothes that you were in?

MR. YANNETTI: And where would you have done that?

MR. YANNETTI: And is this a townhouse or is it a freestanding residence?

MR. YANNETTI: Condominium. How many floors?

MR. YANNETTI: And your bedroom's on the top floor, correct?

MR. YANNETTI: And the entrance is ground level, correct?

MR. YANNETTI: When you first entered the home in those wet clothes, where was your wife Julie?

MR. YANNETTI: And was she already washed up and ready for bed?

MR. YANNETTI: And where did you go when you walked in the ground level?

MR. YANNETTI: All right. Took off your clothes, jumped in bed?

MR. YANNETTI: And do you have a master bath with regard to your bedroom?

MR. YANNETTI: All right. That would have been where you brushed your teeth and washed up?

MR. YANNETTI: No. Okay. Did you grab a drink of water before you went to bed?

MR. YANNETTI: All right. So you essentially came home — and I think we agreed it was around 12:20 or so, give or take a minute, roughly — and you made a beeline for your bedroom, correct?

MR. YANNETTI: Did you fall asleep shortly— —thereafter?

MR. YANNETTI: All right. Sometime within five or ten minutes, would you say?

MR. YANNETTI: 15 minutes. Okay. So with regard to getting home — and we'll call it 12:19 because I think that's more consistent with what you said, and understanding that it's just an estimate — if you're walking in the door at 12:19, it takes you maybe a minute to get upstairs, about a minute?

MR. YANNETTI: You kicked off your sneakers downstairs, I imagine?

MR. YANNETTI: Okay. And then you walked up two flights of stairs?

MR. YANNETTI: Okay. All right. So you're getting up there around 12:20 or so, correct?

MR. YANNETTI: And you believe that you dozed off about 15 minutes later, which would have made it about 12:35, somewhere around there?

MR. YANNETTI: Now, when you came home, you would agree with me that your son Colin Albert was not home, correct?

MR. YANNETTI: And in fact I think your testimony was that 10 minutes after you got home he opened the bedroom door — I think that's what I said.

MR. YANNETTI: Do you want to stick with that? I'm just trying to recollect what — you know— Thinking it over — so obviously it was a little bit longer, because you actually woke up when he opened the bedroom door, correct?

MR. YANNETTI: Did you not just testify before this jury — just, I don't know, maybe an hour ago — that you fell asleep and that your son Colin opened the bedroom door and woke you up to say good night?

MR. YANNETTI: Okay. And when you testified to that on direct examination, that was when Mr. Lally was asking you questions, correct?

MR. YANNETTI: And you knew that you were under oath at that time, correct?

MR. YANNETTI: And you were trying to be as accurate as possible, correct?

MR. YANNETTI: Correct. All right. So in terms of the timing of this — assuming that he opened the bedroom door after you already fell asleep — if you're getting home and upstairs to your bedroom around 12:20, and it takes you 15 minutes to go to sleep, and that's around 12:35, then sometime after you're asleep, after 12:35, that's when Colin opens the bedroom door, correct?

MR. YANNETTI: Well, it's difficult for you to remember how long you'd been asleep when Colin opened the bedroom door, correct?

MR. YANNETTI: You don't know if it was five minutes, ten minutes, or longer, correct?

MR. YANNETTI: Right, but it was some time after you fell—

MR. YANNETTI: Now, with regard to your son Colin — he obviously lived in the same neighborhood as John O'Keefe, because that's where your family lived, correct?

MR. YANNETTI: And back in 2022, Colin Albert was 17 years old, correct?

MR. YANNETTI: And you knew that — like most teenagers — Colin drank alcohol with his buddies, correct?

MR. YANNETTI: Can you explain for the jury who or what is Nebbercracker? What is Nebbercracker?

MR. YANNETTI: That's what I'm asking.

MR. YANNETTI: And would you agree with me that Nebbercracker in the movie Monster House was this kind of old curmudgeon who didn't want anybody on his lawn?

MR. YANNETTI: He was the "get off my lawn" guy, correct, in the movie?

MR. YANNETTI: What was your nickname — and your wife Julie's nickname — for John O'Keefe?

MR. YANNETTI: All right. And your wife Julie actually had John O'Keefe plugged into her contacts as Nebbercracker, correct?

MR. YANNETTI: In fact, you were there one time when Julie showed Karen — Karen Read — her phone, to show how John O'Keefe was plugged in as Nebbercracker, correct?

MR. YANNETTI: And this whole nickname started because of a conflict that Colin Albert had with John O'Keefe?

MR. YANNETTI: John O'Keefe complained to you about things that Colin was doing?

MR. YANNETTI: He would tell you that Colin used to throw beer cans or beer bottles in his bushes?

MR. YANNETTI: What's your answer to that?

MR. YANNETTI: John O'Keefe told you that Colin used to flip him off, correct?

MR. YANNETTI: And say "F you" to him?

MR. YANNETTI: Colin used to cut through his yard?

MR. YANNETTI: You knew that John didn't like people cutting through his yard, correct?

MR. YANNETTI: Okay. So is it your testimony that John O'Keefe invited kids to cut through his lawn all the time?

MR. YANNETTI: It was a question. I guess— continues ...me withdraw that and ask this: if John O'Keefe is Nebbercracker, uh, and he's the get-off-your-lawn guy, are you denying that he doesn't like people cutting through his lawn?

MR. YANNETTI: I just ask for an answer to my question. Mr. Lally will get up after I'm done and I'm sure you can explain whatever you want. So—

MR. YANNETTI: All right. Well, you would agree with me that there was a time when John O'Keefe was not home, that you and your wife Julie went to his house.

MR. YANNETTI: And you entered onto his property?

MR. YANNETTI: And you had drinks in your hand?

MR. YANNETTI: And you thought it would be funny to have a photo taken of you and your wife with drinks in your hand on his property?

MR. YANNETTI: And you knew it would be funny because you knew it would annoy him?

MR. YANNETTI: Right, but that doesn't answer my question, which was— you— he didn't ask you to go onto his property with drinks in your hand and take a photo?

MR. YANNETTI: Okay, but again, in answer to my question, the answer is no— he did not ask us to go on his property and take pictures of ourselves with drinks in our hand.

MR. YANNETTI: And you would agree with me that Nebbercracker wouldn't like a photo of somebody on his lawn with drinks in their hands?

MR. YANNETTI: Your Honor—

MR. YANNETTI: I have the uh— Photo— may I approach?

MR. YANNETTI: Okay, Mr. Albert, I place two photographs before you. If you take a look at those and tell the jury if you recognize what they depict.

MR. YANNETTI: What do those photos depict?

MR. YANNETTI: Okay, and you say "John's fence," so that's actually on John's property?

MR. YANNETTI: Would you— do you agree with me that that photo was taken in April of— —2021?

MR. YANNETTI: Okay. Who took that picture?

MR. YANNETTI: Where was your son Colin that night when you had that picture taken?