Commonwealth v. Read — Trial ArchiveChris Albert — Cross
986 linesCROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: Good morning, sir.
MR. ALBERT: Good morning, sir.
MR. YANNETTI: Mr. Albert, you and I have never met; correct?
MR. ALBERT: I don’t believe so.
MR. YANNETTI: You’ve testified that you’ve essentially lived in Canton your whole life; correct?
MR. ALBERT: Correct.
MR. YANNETTI: Moved there when you were four years old?
MR. ALBERT: Correct.
MR. YANNETTI: And the house to which you and your family moved was 34 Fairview; correct?
MR. ALBERT: Yes.
MR. YANNETTI: You lived there for how long?
MR. ALBERT: Thirty-three years.
MR. YANNETTI: And you currently own D&E Pizza in Canton?
MR. ALBERT: Correct.
MR. YANNETTI: I believe you testified that you’ve owned it for approximately 25 years?
MR. ALBERT: Correct.
MR. YANNETTI: Clearly, you have a lot of ties to the city of Canton; would you agree?
MR. ALBERT: sure.
MR. YANNETTI: You live there?
MR. ALBERT: Yes.
MR. YANNETTI: You work there?
MR. ALBERT: Yes.
MR. YANNETTI: You have family there?
MR. ALBERT: Yup.
MR. YANNETTI: You raised your kids there?
MR. ALBERT: Yup.
MR. YANNETTI: And you also are a town selectman in the city of Canton?
MR. ALBERT: City elected.
MR. YANNETTI: Or the town of Canton, I should say.
MR. ALBERT: It’s a town, correct.
MR. YANNETTI: Right. And, not only that, but your brother, Kevin Albert is a police officer in Canton?
MR. ALBERT: He is.
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. ALBERT: 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. ALBERT: Can you rephrase that?
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. LALLY: Objection.
JUDGE CANNONE: Can you answer that? Can you answer that?
MR. ALBERT: Yeah. I just don’t understand the phrase. But he moved. He moved shortly after that, yes.
BY MR. YANNETTI:
MR. YANNETTI: Your brother Tim Albert lives with your parents in Canton; correct?
MR. ALBERT: Correct.
MR. YANNETTI: And Tim Albert and your parents live directly across the street from the Canton Police Department; correct?
MR. ALBERT: Correct.
MR. YANNETTI: Do you know whom they bought that house from?
MR. LALLY: Objection.
JUDGE CANNONE: The objection is sustained.
BY MR. YANNETTI:
MR. YANNETTI: You still live in Canton?
MR. ALBERT: Correct.
MR. YANNETTI: With your wife, Julie Albert?
MR. ALBERT: Correct.
MR. YANNETTI: And your son, Colin Albert; correct?
MR. ALBERT: Along with my other two sons, yes.
MR. YANNETTI: And you would agree that your entire family has deep roots in the town of Canton?
MR. ALBERT: Yes.
MR. YANNETTI: You would agree with me that the Albert family is well-known in the town of Canton?
MR. ALBERT: We have a big family.
MR. YANNETTI: And you would agree with me that the Albert family is a powerful family in the town of Canton?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: As a town selectman, you have some power; do you not?
MR. ALBERT: I’m one of five selectman.
MR. YANNETTI: And, as a police detective, Kevin Albert has some power; does he not?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: And you also have close friends on the Canton Police Department; do you not?
MR. LALLY: Objection.
JUDGE CANNONE: I’11 allow that.
MR. ALBERT: I have some.
BY MR. YANNETTI:
MR. YANNETTI: Now, you know that Massachusetts State Police Trooper Michael Proctor is the lead investigator on this case; correct?
MR. ALBERT: I know that.
MR. YANNETTI: One of your wife’s best friends is Michael Proctor’s sister, Courtney Proctor; correct?
MR. LALLY: Objection.
JUDGE CANNONE: That’s sustained. If you have another witness you can ask that, Mr. Yannetti.
BY MR. YANNETTI:
MR. YANNETTI: You know Courtney Proctor; correct?
MR. LALLY: Objection.
JUDGE CANNONE: I’1ll1 allow it.
MR. ALBERT: Yes.
BY MR. YANNETTI:
MR. YANNETTI: And you know her to be Michael Proctor’s Sister; correct?
MR. ALBERT: That’s correct.
MR. YANNETTI: You attended Michael Proctor’s sister’s wedding; correct?
MR. LALLY: Objection, Your Honor. May we approach?
JUDGE CANNONE: Sure.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: Okay. What's the objection?
MR. LALLY: The objection, Your Honor, is to the relevancy of any of this. And I understand what Mr. Yannetti would like to do as far as trying to argue that it's biased. What I don't understand is how it pertains to this witness. So what Commonwealth versus Martinez says is that you are allowed to explore bias as it pertains to the witness, not just to any other witness within the case. So any bias, even if it existed as far as Christopher Albert is concerned, has absolutely no bearing on the investigation. He's not an investigator. So his knowledge of any sort of purported bias of Trooper Proctor has no bearing through his testimony and no relevancy to his testimony, to his testimony whatsoever.
JUDGE CANNONE: What do you say, Mr. Yannetti?
MR. YANNETTI: I disagree.
JUDGE CANNONE: I know that, but what do you say?
MR. YANNETTI: Right. Well, that's my opening Salvo. The evidence that I'm seeking to introduce is evidence that is relevant to Trooper Proctor's bias, his connections to the Albert family, how deep they go, all goes to his credibility. The case law is such that you can introduce extrinsic evidence on the issue of bias, it's that fundamental to a defendant's right to explore.
JUDGE CANNONE: Right, which is in my discretion. So you've gone as far as I think I'm going to let you go and it will still be a question-by-gquestion with this witness, again, and I -- so if you individualize it, then you can add more.
MR. YANNETTI: Well, I think am individualizing it by talking about his specific connections with Trooper Proctor.
JUDGE CANNONE: So if you focus on that -- the Alberts' wedding was 12 years ago.
MR. YANNETTI: Right. Your Honor, I know the Court has indicated that that's -- or at least with regard to the evidence. I would argue it's a strength. It talks about how far back these connections go, and it wasn't just that he was at the wedding, that he was one of the invited guests. His son was actually in the wedding party, Michael Proctor. That has to be brought out before this jury, the deep ties that they have.
JUDGE CANNONE: And that can be done with another witness. It's just not him.
MR. YANNETTI: But he is a witness that has personal, direct knowledge of it. He was there. Why wouldn't I be able to ask him about his own knowledge?
MR. LALLY: Your Honor, if I may, what case law specifically states this witness's bias, this witness's likelihood to prevaricate based on that bias. There has been nothing about any relationship that he may or may not have with Trooper Proctor that bears on his testimony or his prevarication. If you want to ask Trooper Proctor about it, I think that is permissible. But as far as asking this witness or any other witnesses, frankly, about whatever their relationship is with Trooper Proctor is simply not appropriate; it's not allowed by the case law. You can't ask other witnesses about some other witness's bias.
JUDGE CANNONE: Is there any statement to Proctor suggesting he only made that statement because of a friendship with Proctor? That would be how you get it in.
MR. YANNETTI: If I may just have a moment?
JUDGE CANNONE: Yes. Jurors, feel free to stand up and stretch if you'd like.
(Whereupon, the sidebar conference continues.)
MR. YANNETTI: Okay. Thank you for your patience. On direct examination, this witness testified a couple of things that he has never testified to before that I'm going to impeach him with. One is that he left the bar at 12:05 to 12:10.
JUDGE CANNONE: Are you saying he got home at 12:05 or 12:10?
MR. YANNETTI: Even worse, because the video shows he didn't leave the bar until 12:13. And then tied in with that is the fact that he now claims that his son, Colin, opened the bedroom door and that it's after he got up there.
JUDGE CANNONE: Ten minutes after?
MR. YANNETTI: Exactly. And he has testified under oath previously that he doesn't know when Colin got home and he just heard it from his wife.
JUDGE CANNONE: Okay.
MR. YANNETTI: It is precisely because of his relationships with and his family's relationships with the Proctor family, I would argue, that Trooper Proctor did not press him like he would any other witness. This was treated as a very informal meeting. He didn't ask a lot of questions about who got home when. He never included Colin in his police report.
JUDGE CANNONE: Okay. So the Commonwealth's objection is sustained. You have to move on, including on the wedding 12 years ago. You can cross-examine him on those two point that you made that you just said.
MR. YANNETTI: Yes. Of course.
JUDGE CANNONE: And, if that opens the door you think in some way, you can come back. Okay?
(Whereupon, the sidebar conference concluded.)
BY MR. YANNETTI:
MR. YANNETTI: I believe you testified, sir, that you have known Michael Proctor’s sister for about 20 years?
MR. LALLY: Objection.
JUDGE CANNONE: I don’t think he said that, but we’1ll let that -- we’ll let that stand and then move on, please.
BY MR. YANNETTI:
MR. YANNETTI: About 20 years, you testified?
MR. ALBERT: I’m not sure if that’s --
MR. YANNETTI: Didn’t you testify to that on direct examination just moments ago when Mr. Lally was asking you questions?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Next question, Mr. Yannetti. Objection is sustained.
BY MR. YANNETTI:
MR. YANNETTI: How long have you known Michael Proctor for?
MR. ALBERT: I mean, I know he’s Courtney’s sister, brother. I couldn’t tell you exactly how long I’ve known him for.
MR. YANNETTI: About 15 years or so?
MR. ALBERT: Roughly.
MR. YANNETTI: All right. Who is Kenneth Berkowitz?
MR. ALBERT: The former Canton Police Chief.
MR. YANNETTI: And how do you know him?
MR. ALBERT: His son and my son are the same age, so they played on some sports teams when they were younger together. I think that’s when I first came to know Ken.
MR. YANNETTI: And you became friendly with him?
MR. ALBERT: I became friendly with him, sure.
MR. YANNETTI: And how would you characterize your relationship with him?
MR. ALBERT: Friends.
MR. YANNETTI: You’ve seen him socially?
MR. ALBERT: Rarely.
MR. YANNETTI: You’ve been out for drinks with him?
MR. ALBERT: I think maybe once.
MR. YANNETTI: And you’ve known him for how long?
MR. ALBERT: Twenty-plus years.
MR. YANNETTI: And you say you’ve only been out with him for drinks one time in those 20 years?
MR. ALBERT: I can’t even remember if it was with drinks one time, yeah. No.
MR. YANNETTI: What other types of activities have you done together?
MR. ALBERT: TI can’t think of any. I think he came to an event that I held one time. That’s about it.
MR. YANNETTI: Have you been out with him in a group setting?
MR. ALBERT: That event that I just mentioned, yeah.
MR. YANNETTI: And what event was that?
MR. ALBERT: It was my campaign event when I was running for select board.
MR. YANNETTI: All right. And he was one of your supporters?
MR. ALBERT: He came by.
MR. YANNETTI: Did he donate money to your campaign?
MR. ALBERT: I think he did.
MR. YANNETTI: May we approach, Judge?
JUDGE CANNONE: Yes.
(Whereupon, there was a sidebar conference as follows:)
MR. YANNETTI: I have a photo that I'd like to display, actually introduce and then display to the jury of the two of them together, smiling for the camera.
JUDGE CANNONE: Is there an objection?
MR. LALLY: No.
MR. YANNETTI: Thank you.
(Whereupon, the sidebar conference concluded.)
BY MR. YANNETTI:
MR. YANNETTI: Sir, 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 know —_
JUDGE CANNONE: Do you have a hard copy of it?
MR. YANNETTI: Yes, we do have a hard copy?
JUDGE CANNONE: So why don’t we show it to the witness.
MR. YANNETTI: I can do that. Thank you, Your Honor.
JUDGE CANNONE: And then take that into evidence and then --
MR. YANNETTI: That makes sense. May I approach, Judge?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: Okay. Sir, I’ve handed you a photograph. Do you recognize what that depicts?
MR. ALBERT: Yes.
MR. YANNETTI: What does it depict?
MR. ALBERT: Me and Kenny Berkowitz.
MR. YANNETTI: And is that a fair and accurate representation of you and Kenny Berkowitz?
MR. ALBERT: Do you mean is the picture us?
MR. YANNETTI: Yes.
MR. ALBERT: Yes.
MR. YANNETTI: I would offer that, Your Honor.
JUDGE CANNONE: Okay.
(Whereupon, photograph was entered and marked as Exhibit No. 55 in Evidence.)
COURT REPORTER: Exhibit 55.
MR. YANNETTI: May that be published to the jury on the screen, Your Honor?
JUDGE CANNONE: Sure.
BY MR. YANNETTI:
MR. YANNETTI: So, Mr. Albert, that’s obviously you on the right and Kenny Berkowitz on the left?
MR. ALBERT: Correct.
MR. YANNETTI: Have you seen that photo before?
MR. ALBERT: I believe I’ve seen it.
MR. YANNETTI: Do you recall when?
MR. ALBERT: I believe that’s my fundraiser for when I was running for select board, the event that I spoke of earlier.
MR. YANNETTI: Okay. And when would it have been that you saw that photograph?
MR. ALBERT: I’m not sure. I don’t know if it was on my Facebook page when I was running for select board. It looks familiar.
MR. YANNETTI: Has Mr. Lally shown you that photograph?
MR. ALBERT: No.
MR. YANNETTI: Has he informed you that the defense would be introducing that photograph during this trial?
MR. ALBERT: Nope.
MR. YANNETTI: You can take the photo down, Mr. Bates, and the lights can go on.
BY MR. YANNETTI:
MR. YANNETTI: You would agree with me that one of your functions as a selectman is to oversee public safety in the town?
MR. ALBERT: Yes.
MR. YANNETTI: And you would agree that the police department is a key component of public safety in the town of Canton?
MR. ALBERT: Yes.
MR. YANNETTI: So part of your duties as a town selectman is to oversee the Canton Police Department; correct?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: I’11 let him have it. Is that one of your duties, sir?
MR. ALBERT: I believe so. I’m new at them. I’m recently elected, so I’m just going through it. But, yeah, I believe so.
BY MR. YANNETTI:
MR. YANNETTI: And you became a town selectman shortly after Kenny Berkowitz retired; correct?
MR. ALBERT: I’m not sure when Kenny retired.
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. ALBERT: Can you rephrase that?
MR. YANNETTI: You would agree with me that the former Canton Police Chief, Kenny Berkowitz, has both personal and professional relationship with you and members of your family?
MR. LALLY: Objection, Your Honor. It’s the same question.
JUDGE CANNONE: No. No. Go ahead and answer that.
MR. ALBERT: I’m not sure I agree with that question.
BY MR. YANNETTI:
MR. YANNETTI: Well, your brother Kevin Albert worked under Chief Berkowitz; correct?
MR. ALBERT: Correct.
MR. YANNETTI: Would you consider that to be a professional relationship?
MR. ALBERT: With them two, yes.
MR. YANNETTI: And your brother Brian Albert attended Chief Berkowitz’s retirement party; did he not?
MR. ALBERT: I have no idea.
MR. YANNETTI: But your brother Brian is also a friend of Kenny Berkowitz; is he not?
MR. ALBERT: He may be. I’m not sure.
MR. YANNETTI: And as far as your, you know, ties to the Canton Police, you would agree with me that Lieutenant Michael Lank is a member of the Canton Police Department; correct?
MR. ALBERT: He is.
MR. YANNETTI: And you’ve been friends with him for years; correct?
MR. ALBERT: I’ve known him for a long time.
MR. YANNETTI: You’ve been childhood friends with him since the age of 12; correct?
MR. ALBERT: Somewhere around there. Maybe earlier.
MR. YANNETTI: And you’re tight with him?
MR. ALBERT: I don’t know if I’d call it tight.
MR. YANNETTI: He’s not an enemy of yours; is he?
MR. ALBERT: Oh, God, no.
MR. YANNETTI: No. He’s a friend of yours; correct?
MR. ALBERT: Sure.
MR. YANNETTI: And does “sure” mean yes?
MR. ALBERT: Yes.
MR. YANNETTI: Now, your older brother, Brian, you’ve already testified, was a Boston Police officer for years; correct?
MR. ALBERT: Correct.
MR. YANNETTI: And he achieved some notoriety on a television show; did he not?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: He was in the fugitive unit?
MR. ALBERT: Correct.
MR. YANNETTI: And you know that your brother Brian was also a trained boxer; correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: Brian is a lot bigger guy than you are; correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. LALLY:
MR. LALLY: Your brother Brian Albert is someone who is close to his family; correct?
MR. ALBERT: Yes.
MR. LALLY: And, when I say “his family, I’m talking about not just his, you know, wife and children, but also his extended family. Correct?
MR. ALBERT: Yes.
MR. LALLY: You are part of his family, obviously; correct?
MR. ALBERT: Yes.
MR. LALLY: And your son Colin is part of his family; correct?
MR. ALBERT: Yes.
MR. LALLY: The Albert family is close; correct?
MR. ALBERT: Yes.
MR. LALLY: You all essentially grew up in Canton; correct?
MR. ALBERT: Correct.
MR. LALLY: And you hung out with each other growing up; correct?
MR. ALBERT: We were siblings, so --
MR. LALLY: Of course.
MR. ALBERT: -- yes.
MR. LALLY: And you still hang out with each other quite often; correct?
MR. ALBERT: Like all of us?
MR. LALLY: In various combinations.
MR. ALBERT: We have different relationships with my Siblings.
MR. LALLY: Sure. But you see some more than others. But you hang out with your family; do you not?
MR. ALBERT: Yeah. Mostly during holidays.
MR. LALLY: And you go out for drinks together; correct?
MR. ALBERT: Occasionally.
MR. LALLY: And you’re protective of each other; correct?
MR. ALBERT: Like most families.
MR. LALLY: And if someone had a dispute with a member of the Albert family, Brian wouldn’t be happy about that; correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: You know that Brian would stick up for your kids; correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: Your son Colin is particularly close to your brother Brian; is he not?
MR. LALLY: Objection.
JUDGE CANNONE: I’11 let him have that. Do you know?
MR. ALBERT: Yes.
BY MR. YANNETTI:
MR. YANNETTI: In fact, your son Colin was a football player through high school; was he not?
MR. ALBERT: Yes.
MR. YANNETTI: What was his number?
MR. ALBERT: In high school?
MR. YANNETTI: Yes.
MR. ALBERT: Thirty-four, I believe.
MR. YANNETTI: And was that for 34 Fairview?
MR. ALBERT: I don’t think so.
MR. YANNETTI: Now, you testified you moved to Maple Street in Canton not long before January 28th of 2022; correct?
MR. ALBERT: Correct.
MR. YANNETTI: And before that you lived at 7 Meadows Ave. in Canton?
MR. ALBERT: Correct.
MR. YANNETTI: And that was when John O’Keefe was your neighbor; correct?
MR. ALBERT: Correct.
MR. YANNETTI: I believe you testified he was a couple of houses away from you?
MR. ALBERT: Yes.
MR. YANNETTI: And he was your neighbor for a series of years; was he not?
MR. ALBERT: Yes.
MR. YANNETTI: While he was living in the neighborhood, you knew that he was working as a Boston Police officer; correct?
MR. ALBERT: Correct.
MR. YANNETTI: And you were familiar with him; correct?
MR. ALBERT: What do you mean? Can you -- what do you mean “familiar”?
MR. YANNETTI: You knew who he was. You know, you became familiar with him.
MR. ALBERT: Yeah. He was my neighbor. I knew who he was.
MR. YANNETTI: Right. And you knew that he was not married; correct?
MR. ALBERT: Yes.
MR. YANNETTI: And at a certain point you knew that he was dating Karen Read?
MR. ALBERT: Yeah, at some point.
MR. YANNETTI: Now, you would agree with me that your family has a police background, sir; correct?
MR. ALBERT: I wouldn’t agree with that statement.
MR. YANNETTI: Two of your brothers are or were police officers; correct?
MR. ALBERT: Out of seven of us, yes.
MR. YANNETTI: And you knew friends of your brothers who were also police officers or in law enforcement; correct?
MR. ALBERT: Correct.
MR. YANNETTI: And you had already testified that you know some members of the Canton Police Department; correct?
MR. ALBERT: Correct.
MR. YANNETTI: And you socialized with police officers; did you not?
MR. ALBERT: Have I? Sure.
MR. YANNETTI: You’ve been to bars with police officers; correct?
MR. ALBERT: Correct.
MR. YANNETTI: And you’ve drank with police officers; right?
MR. ALBERT: sure.
MR. YANNETTI: And you were friendly with police officers; correct?
MR. ALBERT: Yes.
MR. YANNETTI: And with regard to -- I’d like to ask you some guestions about people specifically connected to this case. We’ve established that Lieutenant Lank has been a friend of yours for years; correct?
MR. ALBERT: Yes.
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. ALBERT: I know Kenny, yup.
MR. YANNETTI: And he actually donated to your campaign when you were running for town selectman; correct?
MR. ALBERT: Correct.
MR. YANNETTI: And you also knew Michael Proctor prior to January 29th of 2022; correct?
MR. ALBERT: Correct.
MR. YANNETTI: You’ve attended social events together with him; have you not?
MR. LALLY: Objection.
JUDGE CANNONE: I’11 let that one question.
MR. ALBERT: A couple.
BY MR. YANNETTI:
MR. YANNETTI: So at some point Michael Proctor came to question you; did he not?
MR. ALBERT: 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. ALBERT: Yes.
MR. YANNETTI: You knew him by face; correct?
MR. ALBERT: Correct.
MR. YANNETTI: And you knew him by name; correct?
MR. ALBERT: Correct.
MR. YANNETTI: There was no need for Michael Proctor to formally introduce himself to you; was there?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: What did he say when he first walked in the door in terms of introductions?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: May we be seen at sidebar, Judge?
JUDGE CANNONE: Sure.
(Whereupon, there was a sidebar conference as follows:)
MR. YANNETTI: I guess I'd like to hear the basis of the objection or the Court's ruling because I don't understand why this isn't --
JUDGE CANNONE: The objection?
MR. LALLY: Hearsay.
MR. YANNETTI: It's not hearsay. I'm not offering it for the truth of the matter which is that they needed to be formally introduced. I'm offering to show that that is not true. So you know, it is an interview that he had with the lead investigator on this case where the lead investigator characterized it as they had to formally introduce each other, you know, before they spoke. I'm just impeaching that.
MR. LALLY: You're impeaching the trooper who didn't even write the report that you're referencing, the civilian witnesses? Is that what you're doing?
MR. YANNETTI: I'm impeaching the investigation here and the attempt to cover up the nature of the relationships. Part of the handicap is the Commonwealth hasn't called Trooper Proctor yet.
JUDGE CANNONE: So you can do it after they call Proctor.
MR. YANNETTI: Which would mean I would have to recall several witnesses.
JUDGE CANNONE: We'll see. But I'm not letting it in at this point for the reason I just stated. Okay? So they haven't called him yet.
MR. YANNETTI: But I'm not allowed to ask what he told the state police or what the state police told him?
JUDGE CANNONE: What do you expect the answer to be, what Proctor said to him?
MR. YANNETTI: I don't know what the answer is going to be. I mean, it could --
JUDGE CANNONE: The Commonwealth's objection is sustained.
(Whereupon, the sidebar conference concluded.)
BY MR. YANNETTI:
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. ALBERT: Yes.
MR. YANNETTI: He didn’t need to say how do you do, I am Michael Proctor; correct?
MR. ALBERT: No.
MR. YANNETTI: No. Do you consider the Proctors to be the Albert’s second family?
MR. LALLY: Objection.
JUDGE CANNONE: Do you consider that?
MR. ALBERT: No.
MR. YANNETTI: You are aware that there are members of the Proctor’s family who consider -- who have posted publically that the Alberts --
MR. LALLY: Objection.
MR. YANNETTI: -- are their second family; correct?
JUDGE CANNONE: So the objection is sustained and I’m going to strike that question. Disregard it.
BY MR. YANNETTI:
MR. YANNETTI: Now, at the time that Trooper Michael Proctor showed up to question you, sir, you knew that Karen Read had been charged in this case; correct?
MR. ALBERT: Yes.
MR. YANNETTI: And you knew that John O’Keefe had been found dead on your brother’s lawn; correct?
MR. ALBERT: 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 --
MR. LALLY: Objection.
MR. YANNETTI: -- and your wife on February 10th of 2022?
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: Now, you’ve testified that on January 28th of 2022, that day, that Friday that you were working, John O’ Keefe stopped into D&E Pizza, your shop; correct?
MR. ALBERT: 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. ALBERT: Correct.
MR. YANNETTI: Now, you’ve previously on direct examination characterized your relationship with him as being friends; correct?
MR. ALBERT: 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. ALBERT: You mean, I’m sorry, you mean like phone numbers or --
MR. YANNETTI: Yeah. You didn’t have his cell number prior to that day?
MR. ALBERT: No, I didn’t.
MR. YANNETTI: And at that point in time he had lived in your neighborhood for four to five years; correct?
MR. ALBERT: Correct.
MR. YANNETTI: So I believe you’ve testified that that night after working you went out around 10 minutes of 10:00 p.m.?
MR. ALBERT: Roughly.
MR. YANNETTI: Before going out did you have anything alcoholic to drink?
MR. ALBERT: I think I may have had a beer at the pizza shop. I don’t remember exactly.
MR. YANNETTI: So you have a refrigerator there that you can keep drinks cold; correct?
MR. ALBERT: Among other things.
MR. YANNETTI: And you do have beers in that frig --
MR. ALBERT: Sometimes.
MR. YANNETTI: -- for personal use?
MR. ALBERT: Sometimes.
MR. YANNETTI: Do you know how many beers that you would have had before going out?
MR. ALBERT: No.
MR. YANNETTI: And would you have drank that beer as you were cleaning up at the end of the night?
MR. ALBERT: Probably.
MR. YANNETTI: Did you have anything to eat at the pizza shop?
MR. ALBERT: No.
MR. YANNETTI: When did you last eat before you went out at 9:50 or so?
MR. ALBERT: When did I last eat?
MR. YANNETTI: Yes.
MR. ALBERT: It was a long time ago. I’m not sure.
MR. YANNETTI: And you knew that your wife, Julie, was starting the night at C.F. McCarthy’s; correct?
MR. ALBERT: Yes.
MR. YANNETTI: And you couldn’t meet her there because you were still working; right?
MR. ALBERT: Correct.
MR. YANNETTI: But at some point you heard that Julie and others were headed to the Waterfall; correct?
MR. ALBERT: Yes.
MR. YANNETTI: And that was where you planned to go after you closed up D&E Pizza?
MR. ALBERT: Correct.
MR. YANNETTI: And 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. ALBERT: Yes.
MR. YANNETTI: And the Waterfall is a short walk to D&E Pizza?
MR. ALBERT: Yes.
MR. YANNETTI: Maybe about three minutes?
MR. ALBERT: About that.
MR. YANNETTI: And your plan was to walk there that night; correct?
MR. ALBERT: Correct.
MR. YANNETTI: You had not taken a car to D&E Pizza anyway; right?
MR. ALBERT: I don’t believe so.
MR. YANNETTI: So what time did you get to the Waterfall?
MR. ALBERT: Shortly before 10:00. I don’t know exactly.
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. ALBERT: Correct.
MR. YANNETTI: And the food that you ordered, do you remember what appetizers you would have gotten?
MR. ALBERT: Probably like potato skins and some sort of chicken tenders, I would guess. It’s two years ago, so I don’t remember exactly.
MR. YANNETTI: And did you order a drink along with the appetizers?
MR. ALBERT: I believe so.
MR. YANNETTI: All right. And that would have been the Miller Lite that you talked about?
MR. ALBERT: Correct.
MR. YANNETTI: Then not long after you got there Brian Albert and Brian Higgins showed up; correct?
MR. ALBERT: Correct.
MR. YANNETTI: And you had met Brian Higgins prior to that night?
MR. ALBERT: Yes.
MR. YANNETTI: In fact, you had testified that you had seen him around quite a bit; correct?
MR. ALBERT: A few times.
MR. YANNETTI: And you knew him, I believe your testimony was, from him working inside the Canton Police Station; correct?
MR. ALBERT: I knew that he worked there.
MR. YANNETTI: Did you testify on direct examination, quote, “T knew him from working inside Canton P.D.”?
MR. ALBERT: Yes.
MR. YANNETTI: And you’ve been inside Canton Police; correct?
MR. ALBERT: Maybe twice in my life.
MR. YANNETTI: You knew that Brian Albert, your brother, and Brian Higgins were friends; correct?
MR. ALBERT: I knew they knew each other.
MR. YANNETTI: So are you saying that they were acquaintances?
MR. ALBERT: No. I guess they’re friends.
MR. YANNETTI: You guess they’re friends?
MR. ALBERT: Yeah, they’re friends.
MR. YANNETTI: Was there something confusing about my question the first time I asked it?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: 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 know, I believe you called them a Greek couple because their last name is difficult to pronounce for everybody. But do you remember them being there?
MR. ALBERT: Yes.
MR. YANNETTI: All right. If I mention the name Kolokithas, does that ring a bell or do you --
MR. ALBERT: That’s them, yeah.
MR. YANNETTI: That’s them. Okay. And the whole group was either standing or sitting around a high-top table?
MR. ALBERT: Correct.
MR. YANNETTI: And at 9:45 p.m. you texted John O’ Keefe while you were at the Waterfall; correct?
MR. ALBERT: Correct.
MR. YANNETTI: Would you agree with me that the language of your text was, quote, “Get over here or I’11 fuck up your lawn,” end quote?
MR. ALBERT: That was one of the texts.
MR. YANNETTI: If I may just have a moment?
JUDGE CANNONE: Sure.
MR. YANNETTI: May I approach?
JUDGE CANNONE: Sure.
MR. YANNETTI: I’m sorry. I don’t think I asked to approach.
JUDGE CANNONE: No. That’s fine.
MR. YANNETTI: Thank you.
BY MR. YANNETTI:
MR. YANNETTI: I’ve placed a document before you, sir. Take a look at that and tell the jury whether or not you recognize it.
MR. ALBERT: Yeah, I recognize it.
MR. YANNETTI: What is it?
MR. ALBERT: It’s a text message, two text messages.
MR. YANNETTI: Okay. And who are the participants in that text message exchange?
MR. ALBERT: Me and John.
MR. YANNETTI: And what is it that you said and at what time?
MR. ALBERT: So the first one --
MR. LALLY: Your Honor, objection. May we approach?
JUDGE CANNONE: Okay. Can I see that, please?
MR. ALBERT: Yeah.
(Whereupon, there was a sidebar conference as follows:)
MR. LALLY: So, Your Honor, the entirety of the text communication between Mr. O'Keefe and Mr. Albert is already in evidence. It's in Exhibit 48, pages 7 through 12. So I don't know why we are putting in separately just one portion of that text communication when the entire communication from that day is already in.
JUDGE CANNONE: Okay. So we don't need to put it in, but does your IT person have it all queued up?
MR. LALLY: He has it, yes. He has that queued up.
MS. LITTLE: We don't have electronic versions for any of the stuff that you send. So it's hard to coordinate and know exactly what's been --
JUDGE CANNONE: That's fine. So we'll mark this piece of paper for identification, please.
COURT REPORTER: "T" for Identification, Your Honor.
(Whereupon, text excerpt from Exhibit 48 was entered and marked as Exhibit “T” for Identification.)
JUDGE CANNONE: So I have to give my digital instruction. I have to give my digital evidence instruction that I gave the other day --
MR. LALLY: Oh, that's fine.
JUDGE CANNONE: -- before it comes in. So just preface it so the jurors know when -- we don't need specifically this piece of paper.
MR. YANNETTI: Yes. We don't. That's all I want to publish.
JUDGE CANNONE: All right. So just let them -- just so that they know that they have it, just like you all were doing with the different --
MR. LALLY: Exhibit 48, yes.
JUDGE CANNONE: Ms. Little, do you have the exact -- oh, you said the exact exhibit.
MR. LALLY: It's on the table right over there.
JUDGE CANNONE: All right. So just say the exhibit and where this is and publish it. Just let me give that quick instruction.
MR. YANNETTI: Will do.
MR. LALLY: Thank you.
(Whereupon, the sidebar conference concluded.)
JUDGE CANNONE: All right. Jurors, I’m going to instruct you again, as I did yesterday. So before you consider any electronic communication in your deliberations you must first find that it’s more likely true than not true that the person who either authored or sent or created or transmitted the communication was in fact John O’Keefe and this witness, Chris Albert. If you do not find that it’s more likely true than not that John O’ Keefe sent one or that this witness was the person who sent the message or transmitted it, then you may not consider it in deciding this case. So you have clarification then, Mr. Yannetti?
MR. YANNETTI: I do, yes. And, just for the record and for the jurors’ 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 with the Court’s permission.
JUDGE CANNONE: Sure.
(Whereupon, “T” for Identification was published on screen.)
BY MR. YANNETTI:
MR. YANNETTI: And, sir, you’d agree that the -- when you say it was two text messages, they’re both with regard to the same subject; correct?
MR. ALBERT: What do you mean?
MR. YANNETTI: Well, one says “Get over here”; right?
MR. ALBERT: (No response.)
MR. YANNETTI: And then the second is a continuation of that, “if not I’m going to fuck up your lawn”; correct?
MR. ALBERT: So you mean that’s to tell him to come over to the Waterfall?
MR. YANNETTI: Right.
MR. ALBERT: Okay. I just didn’t understand what you meant.
MR. YANNETTI: That’s fine. So you’re telling John O’ Keefe this; correct?
MR. ALBERT: Yeah, I’m telling him to come over and meet us.
MR. YANNETTI: All right. And that little emoji, that face emoji after “if not I’m going to fuck up your lawn,” that’s --
MR. ALBERT: Yes, it’s a laughing face.
MR. YANNETTI: Right. So you’re --
MR. ALBERT: It’s a joke.
MR. YANNETTI: So you’re just saying -- you know, you’re cracking up --
MR. ALBERT: Yeah, it’s a joke.
COURT REPORTER: One at a time, please.
MR. ALBERT: Sorry. Sorry.
MR. YANNETTI: Okay.
MR. ALBERT: I apologize. Okay. We can take that down.
BY MR. YANNETTI:
MR. YANNETTI: 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. ALBERT: That’s what I thought, yeah.
MR. YANNETTI: Would you agree with me that between the time you arrived and the time you eventually left that you did go up to the bar within that establishment a few times?
MR. ALBERT: I’m sure I did.
MR. YANNETTI: And bought a few rounds of drinks?
MR. ALBERT: I’m sure.
MR. YANNETTI: Including that one round of Fireball shots?
MR. ALBERT: Correct.
MR. YANNETTI: What was the state of your sobriety when John and Karen arrived?
MR. ALBERT: Probably fine. Fine.
MR. YANNETTI: All right. You didn’t fee; like intoxicated —_
MR. ALBERT: No.
MR. YANNETTI: -- or unable to, you know, perceive what’s going on? You were still in control of your faculties?
MR. ALBERT: Yes.
MR. YANNETTI: And is it true that after John and Karen arrived that your wife, Julie, didn’t want to stay any longer or too much longer?
MR. ALBERT: She didn’t want to. She had a headache, so she wanted to go home.
MR. YANNETTI: Right. And by that point in time you had been there about an hour, maybe a little less?
MR. ALBERT: When Karen and John arrived?
MR. YANNETTI: Right.
MR. ALBERT: Yeah, about an hour.
MR. YANNETTI: And you were having fun?
MR. ALBERT: sure.
MR. YANNETTI: And, so, Julie drove home, but you stayed; correct?
MR. ALBERT: Correct.
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. ALBERT: Correct.
MR. YANNETTI: And I believe you said either a lime ora lemon?
MR. ALBERT: I thought I said a lime, but yeah.
MR. YANNETTI: Okay. And you assumed that that was, you know, vodka and soda water or vodka and some type of mixer, correct, that was clear?
MR. ALBERT: Correct.
MR. YANNETTI: And if she was -- while drinking that night, 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. ALBERT: Yeah, I would have no way.
MR. YANNETTI: You can’t tell that by eyeballing the drink; right?
MR. ALBERT: No.
MR. YANNETTI: Because both liquids are clear?
MR. ALBERT: Yes.
MR. YANNETTI: And, in order to discern that, you’d actually have to be given a sip to see; right?
MR. ALBERT: Okay.
MR. YANNETTI: But, in any case, Karen did not appear to be under the influence of alcohol to you?
MR. ALBERT: I didn’t notice anything.
MR. YANNETTI: She wasn’t stumbling; correct?
MR. ALBERT: Nope.
MR. YANNETTI: She wasn’t swaying?
MR. ALBERT: I didn’t notice it.
MR. YANNETTI: She didn’t appear to be unbalanced; correct?
MR. ALBERT: I didn’t notice anything.
MR. YANNETTI: She wasn’t slurring her words?
MR. ALBERT: Nope.
MR. YANNETTI: She wasn’t talking gibberish; correct?
MR. ALBERT: No.
MR. YANNETTI: She was engaging in normal conversation and she appeared to be under control?
MR. ALBERT: Yeah.
MR. YANNETTI: And would you agree with me that she also appeared to be affectionate with John O’ Keefe?
MR. ALBERT: I wasn’t really watching her interactions too much to be honest.
MR. YANNETTI: All right. But, in any case, you never saw any arguing between the two of them?
MR. ALBERT: I wasn’t really paying attention to their interactions.
MR. YANNETTI: Okay. And you didn’t perceive any tension between them; correct?
MR. ALBERT: I didn’t notice anything irregular.
MR. YANNETTI: Okay. And from your observations of Karen Read that night -- and you were there probably over two hours; were you not?
MR. ALBERT: Total, about that, yeah.
MR. YANNETTI: From your observations of Karen that night, you would have had no problem with her driving a car; correct?
MR. ALBERT: I wouldn’t even have thought about it.
MR. YANNETTI: Okay. Now, would you agree with me that of the group that you had met out that you were the last person to leave the Waterfall on January 29th of 2022?
MR. ALBERT: I believe so.
MR. YANNETTI: Now, you previously -- well, you testified on direct examination today, I believe, that you thought you got home between 12:05 and 12:10 a.m. on January 29th; correct?
MR. ALBERT: That’s what I remember.
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. ALBERT: Would I quarrel with it?
MR. YANNETTI: Yes.
MR. ALBERT: No, I guess not. I mean --
MR. YANNETTI: All right. And is your memory exhausted as to the precise time that you left the bar?
MR. ALBERT: Is it exhausted?
MR. YANNETTI: Right. In other words, do you not remember the precise time that you left the bar that early morning?
MR. ALBERT: It’s over two years ago. I don’t know the precise time. That’s why I said between 12:05 and 12:10.
MR. YANNETTI: Okay. That answers my guestion. Thank you.
MR. YANNETTI: Could we have exhibit -- well, with the Court’s permission, can I publish Exhibit 53? It’s a short clip from the Waterfall.
JUDGE CANNONE: Sure.
MR. YANNETTI: I think we need to back it up and then start it. Thank you. If we can pause it for a second, please?
(Whereupon, the video was played and paused.)
BY MR. YANNETTI:
MR. YANNETTI: Mr. Albert, you would agree with me this was clearly the end of the night?
MR. ALBERT: Sure.
MR. YANNETTI: The lights are all on at this point?
MR. ALBERT: Yes.
MR. YANNETTI: The bar appears to have largely emptied out?
MR. ALBERT: Yes.
MR. YANNETTI: Okay. Continue, please.
(Whereupon, the video was played.)
MR. YANNETTI: Pause it.
(Whereupon, the video was paused.)
MR. YANNETTI: There we go. My co-counsel is much better at this than I am.
BY MR. YANNETTI:
MR. YANNETTI: Do you know who that person is that’s leaving the bar at this point at 12:13 and 43 a.m.?
JUDGE CANNONE: Mr. Yannetti, it might be better without that spotlight. Can you see it now?
MR. ALBERT: Yes.
MR. ALBERT: I believe it’s me.
MR. YANNETTI: Continue, please.
(Whereupon, the video was played.)
MR. YANNETTI: Okay. You can take that off the screen. BY YANNETTI:
MR. YANNETTI: So having now viewed that video with the time stamp of 12:13 and about 43 seconds or so, does that refresh your memory as to when you left the Waterfall?
MR. ALBERT: Yes.
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. ALBERT: Correct.
MR. YANNETTI: Now, it was about maybe a seven-minute walk home; would you agree with me?
MR. ALBERT: From Waterfall to Maple, no. I’d said seven minutes from D&E to Waterfall. Waterfall to Maple is probably less than five minutes.
MR. YANNETTI: So it’s your testimony that D&E is closer to the Waterfall than the Waterfall is Maple Street?
MR. ALBERT: D&E is farther away from Waterfall than -- farther away from where I live than the Waterfall is.
MR. YANNETTI: No. I understand that.
MR. ALBERT: I’m not following you. I’m sorry.
MR. YANNETTI: T’ll try to clarify. I don’t mean to be confusing here. 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? So would you agree with me that your home is farther from the Waterfall than D&E Pizza is from the Waterfall?
MR. ALBERT: I don’t follow you. I’m sorry.
MR. YANNETTI: Okay. So let’s take it step by step. D&E Pizza to the Waterfall, are they on the same street?
MR. ALBERT: Yes.
MR. YANNETTI: How many establishments, if you know, are between D&E Pizza and the Waterfall?
MR. ALBERT: Just a few.
MR. YANNETTI: Okay. So it’s a very short walk from D&E Pizza to the Waterfall --
MR. ALBERT: Yes.
MR. YANNETTI: -- correct? Your home on Maple Street is not on the same street as the Waterfall; correct?
MR. ALBERT: It’s off of the same street.
MR. YANNETTI: But it’s not on the same street?
MR. ALBERT: No.
MR. YANNETTI: And your home on Maple Street is farther from the Waterfall than D&E Pizza is to the Waterfall; is it not?
MR. ALBERT: Correct.
MR. YANNETTI: Okay.
MR. ALBERT: I didn’t understand it earlier.
MR. YANNETTI: No. I know it. 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?
MR. ALBERT: Correct.
MR. YANNETTI: All right. And I believe you said that one walk was seven minutes and one walk was maybe less than five minutes; correct?
MR. ALBERT: Yes.
MR. YANNETTI: All right. The seven-minute walk would have been the walk home as opposed to the walk to the Waterfall; correct?
MR. ALBERT: Yes.
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. ALBERT: Not exactly sure how --
JUDGE CANNONE: Can I see counsel at sidebar?
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: So you started out with the seven minutes. What he testified to was it was seven minutes from D&E, home.
MR. YANNETTI: No. I know. And then he agreed with. He said that it was seven minutes from --
JUDGE CANNONE: When you said "seven minutes," that's how long it takes him to get home at night. And that's why --
MR. YANNETTI: Oh. So he was confused about what I was --
JUDGE CANNONE: And you were confused.
MR. YANNETTI: Okay. I thought we were on the same page at that point.
JUDGE CANNONE: No. He's already testified "it took me five minutes to get home."
MR. YANNETTI: Okay. All right.
JUDGE CANNONE: I'm just afraid that now everything that we've heard --
MR. YANNETTI: That's fair enough, Your Honor. I appreciate that.
JUDGE CANNONE: And that's why he didn't give it to you just then.
MR. YANNETTI: I understand. Thank you for the help.
JUDGE CANNONE: Okay.
MR. YANNETTI: Just on an issue that came up earlier, Your Honor -- I know it's been excluded as of now -- we've shown this previously. This was Michael Proctor's mother making that comment, and Chris Albert is the one that is publishing it in October of 2019. So he's essentially publishing the photo and she's friends with him and has commented on it. So he clearly would have seen it.
JUDGE CANNONE: All right. So the ruling stands, but I'll mark this for identification.
MR. YANNETTI: Thank you.
(Whereupon, the sidebar conference concluded.)
COURT REPORTER: That will be “U” for Identification.
JUDGE CANNONE: Thank you.
(Whereupon, photograph from Facebook post was entered and marked as Exhibit “U” for Identification.)
BY MR. YANNETTI:
MR. YANNETTI: 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, you 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. ALBERT: I assume, yeah. I’d say around five minutes, I think, from the Waterfall to Maple Street.
MR. YANNETTI: Fair enough. All right. So, now, if you’re leaving the bar at like close to, you know, 12:14, as indicated on the video, you’re getting home somewhere around 12:19- 12:20; correct?
MR. ALBERT: Roughly, yeah.
MR. YANNETTI: And what were you wearing that night?
MR. ALBERT: Blue jeans, sneakers, I think, anda sweatshirt.
MR. YANNETTI: Okay. And it had started to snow by that point?
MR. ALBERT: A little bit.
MR. YANNETTI: So the ground was a little bit either slushy or wet?
MR. ALBERT: Not slushy, but it could have been wet.
MR. YANNETTI: Could have been wet. And the snow had not yet started to accumulate, or had it?
MR. ALBERT: It didn’t start.
MR. YANNETTI: All right. So, you know, you’re walking home. But it was cold; correct?
MR. ALBERT: 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. ALBERT: I think I had a sweatshirt on.
MR. YANNETTI: Right. But you could have used something else, right, in light of the weather?
MR. ALBERT: Probably.
MR. YANNETTI: All right. Because you had testified that by the time you got home you were pretty cold; right?
MR. ALBERT: Correct.
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. ALBERT: sure.
MR. YANNETTI: And given that there was precipitation, you know, the snow had started, the sweatshirt would absorb the moisture as oppose to repel it; correct?
MR. ALBERT: Sure.
MR. YANNETTI: And so you were wet as well when you walked in; right?
MR. ALBERT: Sure.
MR. YANNETTI: And by that point in time you were tired; correct?
MR. ALBERT: I don’t remember if I was tired, but --
MR. YANNETTI: Okay.
MR. ALBERT: I don’t remember if I was tired at that point.
MR. YANNETTI: Okay. You had worked all day?
MR. ALBERT: Correct.
MR. YANNETTI: Till late in the day, actually into the evening; correct?
MR. ALBERT: Correct.
MR. YANNETTI: Taking pizzas in and out of a hot oven?
MR. ALBERT: Correct.
MR. YANNETTI: As well as other food that you serve as well; correct?
MR. ALBERT: Yup.
MR. YANNETTI: And you’re now -- and, by the way, you’d had a couple of drinks or a few drinks, whatever it was, at the Waterfall; correct?
MR. ALBERT: Correct.
MR. YANNETTI: And you decided not to go to your brother Brian Albert’s house; correct?
MR. ALBERT: Correct.
MR. YANNETTI: That was in part because you weren’t up for the continued partying at that point; correct?
MR. ALBERT: Yeah. I just wanted to go home.
MR. YANNETTI: Right. 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. ALBERT: Correct.
MR. YANNETTI: And where would you have done that within your home?
MR. ALBERT: In my bedroom.
MR. YANNETTI: And is this a townhouse or is it a freestanding residence?
MR. ALBERT: It’s a condo, condominium.
MR. YANNETTI: Condominium. How many floors?
MR. ALBERT: There’s three floors.
MR. YANNETTI: And your bedroom is on the top floor?
MR. ALBERT: Correct.
MR. YANNETTI: And the entrance is ground level?
MR. ALBERT: Correct.
MR. YANNETTI: When you first entered the home in those clothes, where was your wife, Julie?
MR. ALBERT: Upstairs in the bedroom? A And was she already washed up and ready for bed? A She was lying in bed.
MR. YANNETTI: And where did you go when you walked in the ground level?
MR. ALBERT: I went up to the bedroom --
MR. YANNETTI: All right.
MR. ALBERT: -- took off my clothes, jumped in bed.
MR. YANNETTI: All right. And do you have a master bath with regard to your bedroom?
MR. ALBERT: There’s a bathroom, yeah.
MR. YANNETTI: All right. That would have been where you brushed your teeth?
MR. ALBERT: Yeah.
MR. YANNETTI: And washed up?
MR. ALBERT: But I didn’t. That’s where I would do those things, but I didn’t do that.
MR. YANNETTI: You didn’t do either of those things?
MR. ALBERT: No.
MR. YANNETTI: Okay. Did you grab a drink of water before you went to bed?
MR. ALBERT: Nope.
MR. YANNETTI: So you essentially came home. And I think we agreed it was around 12:20 or so, give or take a minute.
MR. ALBERT: Roughly.
MR. YANNETTI: And you made a beeline for your bedroom?
MR. ALBERT: Correct.
MR. YANNETTI: Did you fall asleep shortly thereafter?
MR. ALBERT: Soon after.
MR. YANNETTI: Within five minutes or so, ten minutes?
MR. ALBERT: I started to doze off. I don’t know exactly -- I don’t know exactly how soon after I feel asleep.
MR. YANNETTI: All right. Sometime within five or ten minutes, would you say?
MR. ALBERT: I would say more like within 15 minutes.
MR. YANNETTI: Fifteen 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?
MR. ALBERT: About a minute.
MR. YANNETTI: You kicked off your sneakers downstairs, I imagine?
MR. ALBERT: Maybe. I don’t remember. That was a long time ago.
MR. YANNETTI: Okay. And then you walked up two flights of Stairs; right?
MR. ALBERT: I probably ran up the stairs because I was cold.
MR. YANNETTI: Okay. All right. So you’re getting up there around 12:20 or so; correct?
MR. ALBERT: Roughly, yeah.
MR. YANNETTI: And you believe that you dozed off about 15 minutes later, which would have made it about 12:35?
MR. ALBERT: Somewhere around there.
MR. YANNETTI: All right. Now, when you came home, you would agree with me that your son Colin Albert was not home; correct?
MR. ALBERT: Not when I first got home.
MR. YANNETTI: And, in fact, I think your testimony was that 10 minutes after you got home he opened the bedroom door?
MR. ALBERT: I think that’s what I said, yeah.
MR. YANNETTI: Do you want to stick with that?
MR. ALBERT: I’m just trying to recollect what I -- you know, thinking it over, so, obviously, it was a little bit longer.
MR. YANNETTI: Because you actually woke up when he opened the bedroom door; correct?
MR. ALBERT: I don’t think so.
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 goodnight?
MR. ALBERT: Yeah, I guess that’s what I said.
MR. YANNETTI: Okay. And when you testified to that on direct examination, that was when Mr. Lally was asking you questions; correct?
MR. ALBERT: Correct.
MR. YANNETTI: And you knew that you were under oath at that time; correct?
MR. ALBERT: Correct.
MR. YANNETTI: And you were trying to be as accurate as possible; correct?
MR. ALBERT: Trying to be, correct.
MR. YANNETTI: 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 upstairs to your bedroom around 12:20 and it takes you 15 minutes to go to bed 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. ALBERT: I don’t remember exactly.
MR. YANNETTI: Well, it’s difficult for you to remember how long you’d been asleep for when Colin opened the bedroom door; correct?
MR. ALBERT: Correct.
MR. YANNETTI: You don’t know if it was five minutes, ten minutes, or longer; correct?
MR. ALBERT: I don’t know exactly.
MR. YANNETTI: Right. But it was some time after you fell asleep?
MR. ALBERT: To the best of my recollection.
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. ALBERT: Correct.
MR. YANNETTI: And back in 2022 Colin Albert was 17 years old?
MR. ALBERT: Correct, part of the year.
MR. YANNETTI: And you knew that, like most teenagers, Colin drank alcohol with his buddies; correct?
MR. ALBERT: Correct.
MR. YANNETTI: Can you explain for the jury who or what is Nebbercracker?
MR. ALBERT: What is Nebbercracker?
MR. YANNETTI: Yes.
MR. ALBERT: Like the character?
MR. YANNETTI: That’s what I’m asking.
MR. ALBERT: It’s a character in a cartoon called Monster House.
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; correct?
MR. ALBERT: The character, yes.
MR. YANNETTI: He was the get-off-my lawn guy; correct?
MR. ALBERT: In the movie, yeah.
MR. YANNETTI: What was your nickname and your wife Julie’s nickname for John O’ Keefe?
MR. ALBERT: Mr. Nebbercracker.
MR. YANNETTI: All right. And your wife, Julie, actually had John O’ Keefe plugged into as contacts as Nebbercracker; correct?
MR. ALBERT: Correct.
MR. YANNETTI: In fact, you were there one time when Julie showed Karen her, Karen Read, her phone to show how John O’ Keefe was plugged in as Nebbercracker; correct?
MR. ALBERT: I believe so.
MR. YANNETTI: And this whole nickname started because of a conflict that Colin Albert had with John O’ Keefe; correct?
MR. ALBERT: Not correct.
MR. YANNETTI: John O’ Keefe complained to you about things that Colin was doing?
MR. ALBERT: Not correct.
MR. YANNETTI: He would tell you that Colin used to throw beer cans or beer bottles in his bushes; correct?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: You can answer that. What’s your answer to that?
MR. ALBERT: That is not correct.
BY MR. YANNETTI:
MR. YANNETTI: John O’ Keefe told you that Colin used to flip him off; correct?
MR. ALBERT: Not correct.
MR. YANNETTI: And say “f” you to him?
MR. ALBERT: Never.
MR. YANNETTI: Colin used to cut through his yard?
MR. ALBERT: Nope. That was [REDACTED].
MR. YANNETTI: You knew that John didn’t like people cutting through his yard; correct?
MR. ALBERT: No, I don’t know that to be true.
MR. YANNETTI: Okay. So is it your testimony that John O’ Keefe invited kids to cut through his lawn all the time?
MR. ALBERT: I don’t understand. Is that a question?
MR. YANNETTI: It was a question. I guess let me withdraw that and ask this. If John O’ Keefe is Nebbercracker and he’s the get-off-your-lawn guy, are you denying that he doesn’t like people cutting through his lawn?
MR. ALBERT: Do you want me -- can I explain?
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.
MR. ALBERT: So no, he’s not -- no.
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. ALBERT: That is correct.
MR. YANNETTI: And you entered onto his property; correct?
MR. ALBERT: On his front property, yes.
MR. YANNETTI: And you had drinks in your hand?
MR. ALBERT: Correct.
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; correct?
MR. ALBERT: Correct.
MR. YANNETTI: And you knew it would be funny because you knew it would annoy him; correct?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: No. He can go ahead. Can you answer that?
MR. ALBERT: Yeah. He was actually asking us to watch his house while he was away.
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; correct?
MR. ALBERT: He asked us to watch his property.
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; correct?
MR. ALBERT: Yeah, he didn’t ask me to send him a photo.
MR. YANNETTI: All right. And you would agree with me that Nebbercracker wouldn’t like a photo of somebody on his lawn with drinks in his hand, in their hands; correct?
MR. ALBERT: The cartoon character, Nebbercracker?
MR. YANNETTI: Yes.
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Sustained. Next question, please, Mr. Yannetti.
MR. YANNETTI: May I approach, Your Honor?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: Mr. Albert, I have placed two photographs before you. If you would take a look at those and tell the jury if you recognize what they depict.
MR. ALBERT: I do.
MR. YANNETTI: What do those photos depict?
MR. ALBERT: It’s me and my wife straddling John’s fence. We’re giving a thumbs up in one of them and a smile in another one.
MR. YANNETTI: Okay. And you say “John’s fence.” So that’s actually on John’s property; correct?
MR. ALBERT: Part of it is, yeah. I mean, I don’t know what the easement is from the street to the fence as ownership goes, but yeah. I mean, the town owns a portion of it.
MR. YANNETTI: Would you agree with me that that photo was taken in April of 2021?
MR. ALBERT: I’m not sure when it was taken, but if that’s what you have for a date, then that’s fine.
MR. YANNETTI: Okay. Who took that picture?
MR. ALBERT: That’s a good question. I have no idea.
MR. YANNETTI: Where was your son Colin that night when you had that picture taken?
MR. ALBERT: I have no idea.
MR. YANNETTI: Would you agree with me that you texted those photos or somebody texted those photos, whether it was you or your wife Julie, to John O’ Keefe?
MR. ALBERT: Absolutely.
MR. YANNETTI: All right.
MR. YANNETTI: May I offer those in --
MR. YANNETTI: And are those a fair and accurate representation of the photos that you took?
MR. ALBERT: Yeah.
MR. YANNETTI: I would offer those, Your Honor.
JUDGE CANNONE: All right. Any objection?
MR. LALLY: No, Your Honor.
JUDGE CANNONE: Okay.
(Whereupon, two photographs were entered and marked as Exhibit Nos. 56 and 57 in Evidence.)
COURT REPORTER: Exhibits 56 and 57.
JUDGE CANNONE: Thank you.
MR. YANNETTI: And, with the Court’s permission, may they be published for the jury?
JUDGE CANNONE: Okay.
(Whereupon, the photograph was displayed.)
BY MR. YANNETTI:
MR. YANNETTI: With regard to that first photo, is that -- well, first of all, whose house is that in the background?
MR. ALBERT: That’s John’s.
MR. YANNETTI: And that is you on the right and your wife Julie on the left?
MR. ALBERT: Correct.
MR. YANNETTI: The second photo, please.
(Whereupon, the photograph was displayed.)
BY MR. YANNETTI:
MR. YANNETTI: That is also John’s house in the background there?
MR. ALBERT: Correct.
MR. YANNETTI: And, again, that’s you on the right and Julie on the left; correct?
MR. ALBERT: Correct.
MR. YANNETTI: Okay. We can take that photo down, the last one.
BY MR. YANNETTI:
MR. YANNETTI: Now, would you agree with me that those photos give some context to the text that you sent to him on January 28th when you were trying to get him to come out and you threatened to, quote, “fuck up his lawn if he didn’t come out that night”?
MR. ALBERT: What do you mean “give context to it”?
MR. YANNETTI: Well, in other words, here you are texting him photos of you and your wife on his lawn; correct?
MR. ALBERT: Yes.
MR. YANNETTI: And that’s a common theme that explains the January 28th text where you were threatening to fuck up his lawn; correct?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: Okay. I just have one more area that I want to cover with you, sir. You previously confirmed that when you walked in your door on January 29th of 2022 after coming home from the Waterfall your son Colin was not home; correct?
MR. ALBERT: That’s correct.
MR. YANNETTI: At that time you had no personal knowledge of where he had been that night; correct?
MR. ALBERT: That’s correct.
MR. YANNETTI: Since that time you know that he was at your brother Brian’s house that night, Brian Albert?
MR. ALBERT: That’s correct.
MR. YANNETTI: Your old home; correct?
MR. ALBERT: Where I grew up, yup.
MR. YANNETTI: And you knew that address to be 34 Fairview Road?
MR. ALBERT: Correct.
MR. YANNETTI: And you knew that that was the same house outside which John O’Keefe was found dead later that morning; correct?
MR. ALBERT: Correct.
MR. YANNETTI: If I may have a moment, Your Honor?
JUDGE CANNONE: Sure.
BY MR. YANNETTI:
MR. YANNETTI: Just one other question, sir. When you spoke to Trooper Proctor on February 10th of 2022, you agree with me that you never mentioned that Colin Albert was at your brother Brian’s house that night; correct?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Overruled.
MR. ALBERT: I don’t remember.
MR. YANNETTI: No further questions.
JUDGE CANNONE: Thank you. Any redirect?
MR. LALLY: Yes, Your Honor.
JUDGE CANNONE: Go ahead, Mr. Lally.
MR. LALLY: Thank you, Your Honor.