Commonwealth v. Read — Trial ArchiveChris Albert - Direct
387 linesCOURT CLERK: Hear ye, hear ye, hear ye. All persons having any business before the Honorable Cannone, Justice of the Norfolk Superior Court, in and for the County of Norfolk, give your attendance. You shall be heard. God save the Commonwealth of Massachusetts. This court is now open. You may be seated. Docket 22117, the Commonwealth versus Karen Read. Can I have counsel identify themselves for the record?
MR. LALLY: For the Commonwealth, good morning, Your Honor.
JUDGE CANNONE: Good morning, Mr. Lally.
MS. MCLAUGHLIN: Good morning, Your Honor. Laura McLaughlin for the Commonwealth.
JUDGE CANNONE: Good morning, Ms. McLaughlin.
MR. JACKSON: Morning, Your Honor. Alan Jackson for Ms. Read.
JUDGE CANNONE: Good morning, Mr. Jackson.
MS. LITTLE: Good morning, Your Honor. Elizabeth Little, also on behalf of Ms. Read.
JUDGE CANNONE: Good morning, Miss Little. And good —
MR. YANNETTI: Morning, Your Honor. David Yannetti for Karen Read.
JUDGE CANNONE: Good morning, Mr. Yannetti. Good morning, Miss Read. Good morning, jurors. I have to ask you those same questions. Was everyone able to follow the instructions and refrain from discussing this case with anyone since we left yesterday? Everyone said yes or nodded affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case? Everyone said yes, I noted affirmatively. Did anyone happen to see, hear, or read anything about this case, even in inadvertent ways, since we met yesterday? Okay, so I am going to see counsel at sidebar for just a moment. Most people said no. I will see the juror who raised her hand in just a moment. We are fine, and to begin. So, Mr. Lally, your next witness, please.
MR. LALLY: Yes, Your Honor. The Commonwealth would like to call Mr. Christopher Albert to the stand.
COURT CLERK: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. ALBERT: Yes, I do.
JUDGE CANNONE: Thank you. Anytime you're ready, Mr. Lally.
MR. LALLY: Thank you. Good morning, sir.
MR. ALBERT: Good morning, sir.
MR. LALLY: Could you please state your name and spell your last name for the record?
MR. ALBERT: It's Christopher Albert. A-L-B-E-R-T.
MR. LALLY: And where do you live, sir?
MR. ALBERT: I live at 22 Maple Street, Unit L, Canton, Mass.
MR. LALLY: And how long have you lived there?
MR. ALBERT: Almost two years.
MR. LALLY: Sorry, go ahead. And how long have you lived in Canton?
MR. ALBERT: Since 1974.
MR. LALLY: And so pretty much your whole life?
MR. ALBERT: Pretty much, since I was four.
MR. LALLY: And prior to living on Maple, where did you live in Canton before that?
MR. ALBERT: 7 Meadows Ave in Canton.
MR. LALLY: And how long did you live at 7 Meadows?
MR. ALBERT: From 2001 to 2021, about 20 years.
MR. LALLY: And who, if anyone, do you live with now?
MR. ALBERT: I live with my wife Julie, my oldest son who just came home from the Navy, my middle son Colin, and my youngest son Dylan.
MR. LALLY: And how long have you and your wife Julie been married?
MR. ALBERT: Roughly — gosh, going to kill me — 21 years, around 21 years.
MR. LALLY: You mentioned you and your wife Julie, you have three sons?
MR. ALBERT: Yeah.
MR. LALLY: And how old are they?
MR. ALBERT: My oldest is 25, my middle is 20, and my youngest is 16.
MR. LALLY: Now, do you work, sir?
MR. ALBERT: Yes, I do.
MR. LALLY: What do you do for work?
MR. ALBERT: I'm self-employed. I own a small pizza shop.
MR. LALLY: What's the name of the pizza shop?
MR. ALBERT: It's called D&E Pizza.
MR. LALLY: And how long have you owned that?
MR. ALBERT: 25 years this month.
MR. LALLY: And prior to that, did you work sort of in the same industry?
MR. ALBERT: Same industry, pretty much my whole life.
MR. LALLY: And does your wife work?
MR. ALBERT: She does not.
MR. LALLY: Does she help out with the D&E Pizza shop?
MR. ALBERT: She does some of the behind-the-scenes stuff, yes.
MR. LALLY: Now, when you lived on Meadows Avenue, did you have occasion to become familiar with someone named John O'Keefe?
MR. ALBERT: Yes, I did.
MR. LALLY: And how is it that you knew John?
MR. ALBERT: So he bought the house at 1 Meadows, the top house. I don't know exactly, maybe like 2017. So he became my neighbor, and I guess just from me driving by his house and coming home, I saw him, would wave to him and stuff, and that's how I initially came to know who John was.
MR. LALLY: And you mentioned he bought the house at sort of the top of the street — is that correct?
MR. ALBERT: Yeah, it's the very — if you're coming off Pleasant, you take a right down Meadows, it's the first on the right.
MR. LALLY: And then on Meadows, about how many houses are on Meadows?
MR. ALBERT: Well, between us, or all down the whole street, you mean?
MR. LALLY: First, down the whole street. And then, yeah.
MR. ALBERT: So roughly on that whole street, I would say there's like close to 30 houses from top to bottom on both sides.
MR. LALLY: And then how about in between one and seven?
MR. ALBERT: So there's two — there's two houses between mine and John's.
MR. LALLY: And your house — both odd numbers — are they on the same side?
MR. ALBERT: Same, yeah.
MR. LALLY: Now, you said that's how you initially came to know John O'Keefe. How did your relationship sort of go on from there?
MR. ALBERT: So over the years, he was friendly with some other folks that I was friends with, so we'd maybe be out occasionally and bump into him. But he would also come to my pizza shop a lot. He would take his nephew Patrick into my pizza shop a lot, so it was not uncommon for him to stop by a couple days a week, usually just grab a slice.
MR. LALLY: Now, you grew up in Canton, correct?
MR. ALBERT: Yes.
MR. LALLY: And do you have any siblings?
MR. ALBERT: I do. I have six.
MR. LALLY: And what are the names of your six siblings?
MR. ALBERT: So my oldest is my older brother Brian. I have a sister Kathleen — she's older than me — and then I'm next in line, and then I have a brother Kevin, then a brother Keith, Brendan, and Timmy. Seven of us.
MR. LALLY: Where is it that you sort of fit in?
MR. ALBERT: I'm the third oldest.
MR. LALLY: Now, your older brother Brian, what does he do for work?
MR. ALBERT: He's a Boston police officer — or he was, he's recently retired.
MR. LALLY: And your brother Kevin, what does he do?
MR. ALBERT: He's a Canton police officer.
MR. LALLY: And John O'Keefe — were you familiar with what he did for work?
MR. ALBERT: Yes. I knew he was a Boston police officer as well.
MR. LALLY: Now, sir, if I could turn your attention to January 28th, 2022. Do you recall that day?
MR. ALBERT: Yes, I do.
MR. LALLY: And do you recall what day of the week that was?
MR. ALBERT: It's a Friday, I believe.
MR. LALLY: And were you working at the D&E Pizza shop on that day?
MR. ALBERT: I was.
MR. LALLY: And at some point in time in the afternoon, did anyone of note sort of come into the shop?
MR. ALBERT: John came in that day with his nephew Patrick.
MR. LALLY: And do you recall what they got that day?
MR. ALBERT: I think they got two slices of pizza, if I recall correctly.
MR. LALLY: And what, if any, conversation did you have with Mr. O'Keefe as far as plans for later in the evening?
MR. ALBERT: So he asked me if I had any plans that night, and I said, unfortunately it's Friday and I'm working pretty much till close. And I said, but it's my nephew's birthday and I know a bunch of people were heading out and I was planning on meeting up with them later when I got out of work. So I said to him, I'll shoot you a text later if you're around, maybe we can hook up.
MR. LALLY: So in that sense, how would you describe your relationship with Mr. O'Keefe?
MR. ALBERT: That was a good relationship, yeah.
MR. LALLY: Would you consider yourself friends?
MR. ALBERT: Yeah, absolutely.
MR. LALLY: Now, pushing forward on January 28th, about what time was it, if you know, that you sort of closed up shop?
MR. ALBERT: So the shop stays open till 10:00. I know that I left some time a little bit before 10:00. I had my wife drop me off some clothes — it was like a ritual she would, because those nights are tough for me to get out early and go home. So she dropped me off some clothes, and I remember just changing quick, washing up a little bit, and then leaving. So I think I left before the store actually closed a few minutes.
MR. LALLY: Now, during the time prior to you leaving the pizza shop, what, if any, conversation via text did you have with Mr. O'Keefe?
MR. ALBERT: He asked where I was. I said I was still working. And he said something like, why don't you talk to the boss, see if you can get out of there. And I just said, I'm married to this place, it's tough. I'll text you when I leave. And then I shot him a text, I think, when I got down to Waterfall, and I said, where are you and what's going on?
MR. LALLY: And where did he say that he was?
MR. ALBERT: He was at CF's — CF McCarthy's.
MR. LALLY: Are you familiar with both those establishments, as far as CF McCarthy's and Waterfall?
MR. ALBERT: Yes, I am.
MR. LALLY: And with regard to your pizza shop, where is CF McCarthy's in relation to that, and where is Waterfall?
MR. ALBERT: So if I was sitting at my front door looking out, CF McCarthy's would be to my right, and Waterfall would be down the street, diagonal, maybe like 200 yards on the opposite side of the street.
MR. LALLY: So both sort of walking distance from where you were?
MR. ALBERT: Yeah, yeah.
MR. LALLY: Now, your home on Maple, where is that in relation to those businesses on Washington Street, including your own?
MR. ALBERT: So Maple Street is probably from my pizza shop maybe like a five-minute walk. It's not far, a little closer to Waterfall. So maybe it's like a seven-minute walk from D&E and like a five-minute walk from Waterfall.
MR. LALLY: And are there any sort of — the area where you live, is there any sort of town buildings or anything like that?
MR. ALBERT: Yeah, so I kind of live behind the library. Like, you take a left on Maple and the library is like two buildings after me on the left-hand side. And then the town hall is a little further down on the right.
MR. LALLY: And the library — that's around where you live — is that the only public library in Canton?
MR. ALBERT: That's, besides what's inside schools, yeah, that's the only public library.
MR. LALLY: And so, again, I'm sorry — about what time is it that you leave D&E to go to Waterfall?
MR. ALBERT: Just before 10:00, maybe like 9:50.
MR. LALLY: And as far as meeting up with people, who is it that directs you to go to Waterfall specifically?
MR. ALBERT: I think — My wife said, "Are you coming down, are you there?" She was down there, so I had a conversation with her. I think that's how I headed down there.
MR. LALLY: You went there to meet your wife, correct?
MR. ALBERT: Yeah, yeah. She was down there.
MR. LALLY: And you've been to the Waterfall before?
MR. ALBERT: Yeah, yes.
MR. LALLY: And so when you walk into the Waterfall, where did you go? As far as — did you recognize anyone when you came in?
MR. ALBERT: So pretty much when you walk in, it's just kind of like open. My wife was there, Matt was there, Matt McCabe was there, Jen McCabe was there, my sister-in-law Nicole was there, my niece Caitlin was there. I think when I first walked in— —that's who was there.
MR. LALLY: And you mentioned Jennifer and Matthew McCabe — yeah, and how do you know them?
MR. ALBERT: Well, I grew up with — I didn't grow up with Jen, she's younger than me, but she's lived in Canton for a long time. My brother Brian is married to her sister Nicole, so I've known her pretty much my whole life.
MR. LALLY: And you were testifying earlier about some of the people that you and Mr. O'Keefe sort of knew in common — would Mrs. McCabe be one of those people?
MR. ALBERT: Yes, yeah.
MR. LALLY: And when you walk in, relative to the establishment, whereabouts were those people situated?
MR. ALBERT: So they were at a table that was close to the bar. It's like — they have like three tables in a row, and I think we were either in the middle or the next table to the bar, with those three sort of tables together.
MR. LALLY: If you know, about how long a table are we talking about?
MR. ALBERT: I would say they're about six-foot tables.
MR. LALLY: And was this a low top, high top, or something?
MR. ALBERT: It's like a high top.
MR. LALLY: Located close to the bar, is that correct?
MR. ALBERT: Yes.
MR. LALLY: What if anything do you recall from that evening as far as entertainment within the Waterfall?
MR. ALBERT: There was a live band that was playing to the side.
MR. LALLY: About how close to your table was the live band?
MR. ALBERT: Oh, within like six or seven feet, probably.
MR. LALLY: To say pretty loud in there?
MR. ALBERT: Pretty loud, yeah.
MR. LALLY: And when you walk in, where do you sort of go in reference to the other people there?
MR. ALBERT: I go right over to the table. I think I walked right over, said hello to them, sat down.
MR. LALLY: And what if anything did you order when you got there?
MR. ALBERT: I ordered a beer.
MR. LALLY: And did you eat while you were there as well?
MR. ALBERT: I did, yeah. I was starving. I didn't eat all day, so I ordered some food — appetizers.
MR. LALLY: And throughout the course of the evening — you're at a bar so you're drinking, correct?
MR. ALBERT: Sure.
MR. LALLY: And what were you drinking?
MR. ALBERT: Mich Ultra.
MR. LALLY: Is that sort of normally what you would drink when you go out?
MR. ALBERT: Yeah.
MR. LALLY: Now, you mentioned that initially when you get there it's yourself, your brother Brian, his wife, the McCabes, and your niece Caitlin — is that correct?
MR. ALBERT: No, my brother Brian wasn't there yet. Yeah, it was Jen McCabe, Matt McCabe, my wife, Caitlin, and Nicole.
MR. LALLY: Thank you for the correction.
MR. ALBERT: Yeah, no problem, sorry.
MR. LALLY: So at some point shortly after that, who if anyone else arrives and sort of joins your table, your group?
MR. ALBERT: So my brother Brian and a gentleman named Brian Higgins — they came and joined us.
MR. LALLY: And is Brian Higgins someone that you had met previously?
MR. ALBERT: Yeah, a few times.
MR. LALLY: And how did you know him?
MR. ALBERT: I don't know how I initially met him, but just probably just seen him around. I knew that he worked as an ATF agent. I knew that he had worked inside the Canton Police Department, so I think I knew him from that, just being around.
MR. LALLY: To say you knew him sort of through your brothers, either Brian or Kevin?
MR. ALBERT: Yeah, that's the only way I met him.
MR. LALLY: And about how long after you arrived was it that they arrived?
MR. ALBERT: Probably within like 35 minutes, roughly.
MR. LALLY: And what if anything did you know about where they had been prior to, or what they had been doing—
MR. ALBERT: So they were in New York at a police officer's funeral. They went there for the ceremony, and that snowstorm was coming, so they decided they were going to drive back early to beat the storm.
MR. LALLY: As far as going out on that particular evening — what was that in reference to?
MR. ALBERT: So my nephew Brian — it was his birthday.
MR. LALLY: And when you say your nephew Brian, whose son is that?
MR. ALBERT: So that's my older brother Brian's son, Brian.
MR. LALLY: So Brian Jr.?
MR. ALBERT: Brian Jr., yeah. We call him Brian Jr.
MR. LALLY: And was he present at the Waterfall that night?
MR. ALBERT: He wasn't, no. He decided he didn't want to go out.
MR. LALLY: And when your older brother Brian and Mr. Higgins come in, where is it that they go, sort of in relation—?
MR. ALBERT: So they walk in and they come directly over to the table.
MR. LALLY: Now at some point later in the evening, who if anyone else also joins your group or your table?
MR. ALBERT: So John O'Keefe came with Karen Read.
MR. LALLY: And how did you know Karen Read at that time?
MR. ALBERT: I met her a couple times. She also had been in the pizza shop a couple times, and driving by the street when I would come home she would be outside 1 Meadows.
MR. LALLY: And just to be clear, when we're speaking about Miss Read, you see her in the courtroom today?
MR. ALBERT: Yes, I do.
MR. LALLY: Can you identify as to where she's seated?
MR. ALBERT: She's sitting right over there between the two attorneys.
MR. LALLY: Just ask the record reflect identification of the defendant.
JUDGE CANNONE: Okay.
MR. LALLY: Now prior to Mr. O'Keefe coming into the Waterfall, you had mentioned some text communications with him — is that correct?
MR. ALBERT: Yes.
MR. LALLY: And what if any other communications did you have with Mr. O'Keefe before he got — before you got to the Waterfall? Before Mr. O'Keefe got to the Waterfall, with Mr. O'Keefe?
MR. ALBERT: I don't think — nothing before I got to the Waterfall. Yes. Just — where was he, where were we going, where was he going to be.
MR. LALLY: What if any communication do you recall in regards— —to who was there, or who was going to be with Mr. O'Keefe?
MR. ALBERT: Yes, yeah. So I think at some point he said, "Who's there?" And I said, "My brother Brian" — I said, "Brian." He said, "Your brother Brian?" I said, "Yeah, Brian and Brian Higgins are there." And he said, "Where's your brother Kevin?" And I said, "I have no clue," LOL or something.
MR. LALLY: And when Mr. O'Keefe and Ms. Read come into the bar, where is it that they go upon coming in?
MR. ALBERT: They walked directly in, came towards our table, just struck up a conversation. I think Jen came over to my wife and said hello to her first, maybe, and then just kind of got with the group, started talking.
MR. LALLY: Now, fair to say Mr. O'Keefe knew your wife Julie as well?
MR. ALBERT: Yes.
MR. LALLY: And how would you describe their relationship, as far as you?
MR. ALBERT: Good, good relationship.
MR. LALLY: And when Mr. O'Keefe and the defendant come over to the area where you and your wife are — what if anything did you observe about the defendant?
MR. ALBERT: Well, when they came over, I think they started talking. At one point when they first came over, the defendant came in with a glass underneath her jacket, and I thought that was kind of funny and I laughed about it and made a comment about it.
MR. LALLY: And what if anything did you notice about the glass? What was in the glass— —anything like that?
MR. ALBERT: It was just a tall, like cylinder glass with some clear liquid in it and a lime.
MR. LALLY: And that was under a coat when she came in?
MR. ALBERT: Yeah, it was like she pulled it out.
MR. LALLY: If you know, about what time was it that Mr. O'Keefe and Ms. Read came in?
MR. ALBERT: So I got there close to 10. I would say 10:45, to the best of my recollection.
MR. LALLY: And following sort of the hellos and all that kind of stuff — after they first came in, where did they go from—?
MR. ALBERT: I think the defendant sat down, and — well, John went to the bar and got a beer.
MR. LALLY: Is that sort of what John would typically drink?
MR. ALBERT: Yeah, Bud Light, I think.
MR. LALLY: And you mentioned that the defendant sat down — where did she sit down in relation to you and your wife?
MR. ALBERT: I think right next to — I think next to my wife.
MR. LALLY: Now with regard to just the — how would you describe the general tone or demeanor within the group at the Waterfall that night?
MR. ALBERT: It was fine. Everyone was just having a good time.
MR. LALLY: No arguments or anything like that?
MR. ALBERT: No, not at all.
MR. LALLY: And specifically between Mr. O'Keefe and the defendant — what if anything did you observe between them?
MR. ALBERT: I didn't notice anything.
PARENTHETICAL: [unclear]
MR. ALBERT: normal.
MR. LALLY: Now if you recall, what was Mr. O'Keefe wearing on that night?
MR. ALBERT: Blue jeans, baseball hat, and kind of like a pullover light sweatshirt type of grayish garment. I don't know what you would call it. It wasn't like a hoodie — it's like a long-sleeve shirt.
MR. LALLY: Is that what he was wearing when he walked in?
MR. ALBERT: Yes.
MR. LALLY: At any point in time did you see him with like a jacket or anything like that?
MR. ALBERT: No.
MR. LALLY: Now as far as your observations of Mr. O'Keefe — what if anything did you observe about that clothing as far as any tears or any dishevelment of it at all?
MR. ALBERT: No, I didn't notice anything. It looked fine to me.
MR. LALLY: And as far as Mr. O'Keefe himself — what if anything did you observe as far as any injuries or anything like that?
MR. ALBERT: Didn't see anything, looked normal.
MR. LALLY: Now after Mr. O'Keefe went to the bar and got a beer, do you know where he went from there?
MR. ALBERT: Just came back over to the table, started chatting people up.
MR. LALLY: And when you say the table, was that sort of your area or was there a different area?
MR. ALBERT: No, the same table, the same high top — some people sitting, some people standing.
MR. LALLY: And as far as this length that you described — about six feet or so of that table — if you recall, where were people situated around the table?
MR. ALBERT: I mean, I was sitting at one point because I was eating, so I was sitting in one seat. My wife was sitting in another seat. Matt and Jen was sitting in— — another seat. I recall John standing a lot. I don't think he sat at all. I think Karen was sitting at one point, probably situated near — maybe across from my wife, or next to my wife.
MR. LALLY: Now, as far as Mr. O'Keefe was concerned, do you recall anything specific that you discussed or talked about while you were there that night?
MR. ALBERT: No, nothing in particular.
MR. LALLY: And throughout the course of the time that you were there, what if any discussion was there as to going someplace or wanting to go someplace after the Waterfall?
MR. ALBERT: So we have this like little ritual — when one of my nieces or nephews turns 21, we go back to the pizza shop, like after hours, and turn on the oven and make pizzas and stuff. And there was talk about going back there. Miss Read asked if we could go back and make pizzas up at my pizza shop a couple times. And then there was some talk about — someone mentioned going back to my brother's house after.
MR. LALLY: And just to be clear, your brother's house — which brother?
MR. ALBERT: My brother Brian.
MR. LALLY: And where did your brother Brian live?
MR. ALBERT: Uh, 34 Fairview.
MR. LALLY: You familiar with that address?
MR. ALBERT: Yeah, I used — I used to live there. Grew up there.
MR. LALLY: So prior to it being your brother Brian's house, was it your parents' house?
MR. ALBERT: My parents' house, yeah.
MR. LALLY: So that's where you and your siblings essentially grew up, from the time that you moved to Canton?
MR. ALBERT: Yes.
MR. LALLY: Now, as far as going over to your pizza shop to make pizzas — is that something that the defendant talked about once or more than once?
MR. ALBERT: A few times.
MR. LALLY: And you referenced this ritual when one of your nieces or nephews turns 21 — and it was your nephew Brian Jr.'s birthday the following day, is that correct?
MR. ALBERT: Yeah.
MR. LALLY: Was he turning 21 at that point?
MR. ALBERT: I think so. I can't — can't remember exactly if he was 20 or 21. I think he was turning 21.
MR. LALLY: Now, in relation to this evening of January 28th, that ritual that you were talking about — when was the last time before January 28th that you had done that, if you know?
MR. ALBERT: Trying to see who else turned 21. Can't remember exactly. I know it was recent. I remember doing it. I just can't remember the date.
MR. LALLY: And that's all I'm really asking — so was it recent to January 28th?
MR. ALBERT: Yeah, it was sometime before that. Within like a couple months, I think. Someone turned 21 — maybe we just went there.
MR. LALLY: And so what if any conversation from your end — obviously it's your pizza shop — what if any conversation from your end was there in reference to doing that that night?
MR. ALBERT: So we were doing a weight loss competition — me, Matt McCabe, and my brother Brian. And we had like two more weeks left in it. And we do it pretty much every year — it's like a charity we do — and the proceeds go to scholarship funds. So I said no, because we were doing this weight loss challenge and I just didn't want to give in and eat pizza two weeks before we were weighing in.
MR. LALLY: And your wife Julie — how long was she at the bar?
MR. ALBERT: Not long. When I got there, she probably was only there for maybe 35, 40 minutes. She had a migraine, she wanted to go home, so she left.
MR. LALLY: She indicated she had a migraine and was going home?
MR. ALBERT: Yeah, she didn't feel well.
MR. LALLY: And was that before or after Mr. O'Keefe and Miss Read arrived?
MR. ALBERT: She left after they arrived.
MR. LALLY: So then she must have been — she must have left later than that?
MR. ALBERT: Yeah.
MR. LALLY: Now, later on in the evening, what if anything did you buy for the group?
MR. ALBERT: So at one point towards the end of the night, I bought a round of Fireball shots for the group.
MR. LALLY: And who partook in that, if you recall?
MR. ALBERT: I don't remember exactly. Probably half of the people there took them. I don't remember everyone. I wasn't paying attention.
MR. LALLY: And when you say "towards the end of the night," when was it that things sort of wrapped up at the Waterfall?
MR. ALBERT: I think they called last call right before 12 — pretty much right before 12. All wrapping up.
MR. LALLY: And as far as the group that you were with at the high top table, who if anyone from that group left first?
MR. ALBERT: So my wife left first — obviously she didn't feel well, she left earlier. Then Brian and Brian left. My sister-in-law left. Matt and Jen left. I left probably second to last — I probably left last with John and Karen, or right around the time that John and Karen left.
MR. LALLY: And do you recall, as far as you're leaving around the same time — do you recall walking out together, or seeing them outside, or where is it that you recall sort of leaving at the same time?
MR. ALBERT: My best recollection is I walked out roughly the same time. I walked out of the building and I came up Washington to the right, and they were either shortly after or shortly before me, and they walked up to the left.
MR. LALLY: And when you say "walk up Washington" — did you walk home that night?
MR. ALBERT: Yeah, I walked home.
MR. LALLY: And so when you came out of the bar, what if anything did you notice about the weather or what was going on?
MR. ALBERT: Just — it was snowing. It was cold out. It just started snowing. The ground had like a light coat.
MR. LALLY: Could you still sort of see the street?
MR. ALBERT: Oh yeah, yeah. You can still see it.
MR. LALLY: And you mentioned you walked out towards Washington, and Mr. O'Keefe and Miss Read did as well?
MR. ALBERT: Yes.
MR. LALLY: And which direction — did you go in the same direction, different direction?
MR. ALBERT: When you come out, you have to go to the left in order to get onto Washington. So I came out to the left and then went to the right onto Washington, and they would go to the left on Washington.
MR. LALLY: So you were walking in opposite directions on Washington?
MR. ALBERT: Yes.
MR. LALLY: Now, as far as throughout the course of the evening — did you have occasion to see what Mr. O'Keefe was drinking? You mentioned he went to the bar and got a beer. Was that the only beer that you saw him having, or did he have more?
MR. ALBERT: I'm sure he had more than one. Yeah, I saw him with more than one.
MR. LALLY: So essentially what I'm asking is — throughout the course of the evening, when you saw him drinking, other than maybe the Fireball shot, you saw him just drinking beer?
MR. ALBERT: Just beer, yeah.
MR. LALLY: And as far as Miss Read was concerned, what if anything did you observe her drinking?
MR. ALBERT: Just a clear liquid in a glass. I assume it was some sort of vodka drink.
MR. LALLY: Was that the same glass that she had come into the establishment with under her coat, or was it a different glass later on?
MR. ALBERT: Believe it was the same one.
MR. LALLY: You leave from the Waterfall and you're walking home, is that right?
MR. ALBERT: Correct.
MR. LALLY: Fair to say you didn't go to 34 Fairview?
MR. ALBERT: I did not.
MR. LALLY: And about what time was it that you got home?
MR. ALBERT: Sometime between — I'd say five past and ten past 12, somewhere in that window.
MR. LALLY: And was your wife home at that point?
MR. ALBERT: She was.
MR. LALLY: And as far as your children were concerned, how many of your three sons were living with you at that time?
MR. ALBERT: At that time, two. My 16-year-old — well, he wasn't 16 years old at the time — but my 16-year-old and my 20-year-old.
MR. LALLY: And so — 16 and 20 now. Is that 16 and 20 now? So that'd be like 14 and 18 then, I guess?
MR. ALBERT: And my older one at that time was in San Diego in the Navy.
MR. LALLY: And if you know, or did you check — as far as your kids when you got home, were they there?
MR. ALBERT: No, I ran — I ran right upstairs. I was freezing. I went right into my room.
MR. LALLY: Essentially, you went to bed, is that correct?
MR. ALBERT: Correct.
MR. LALLY: With the Court's permission, I would ask to publish for the jury just a small portion from what's been marked as Exhibit 53, the Waterfall surveillance.
JUDGE CANNONE: Okay.
MR. LALLY: Miss Gilman, if I could have from channel three, the second video down — you could just pause there for a moment. Mr. Albert, looking up at the screen, do you recognize generally what's depicted up on screen?
MR. ALBERT: Yeah, so those are the tables that I was speaking of, that are like — there's like two or three in a row.
MR. LALLY: I'm sorry — may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I don't have any copies — my apologies. Thank you very much. So, what I'm handing to you is a laser pointer — basically just click that button and point.
MR. ALBERT: Okay.
MR. LALLY: Mr. Albert, using that laser pointer that I just handed to you, if you could direct the jury's attention to about where the high top is, and then about where you were seated at that high top.
MR. ALBERT: So here's the high top. And I can't really see myself, to be honest with you, this far away. But somewhere — somewhere I think I ate on this side here.
MR. LALLY: And as far as the bar is concerned, where would that be?
MR. ALBERT: Back here. Wait, oh, this — — is, oh, so this is from walking into the Waterfall. Okay. So the bar is after. So that's the high top next to the bar, the bar's back there.
MR. LALLY: And as far as the band that you were talking about that was playing, if you could direct the jury's attention to where that was.
MR. ALBERT: On this side over here. It's kind of fuzzy, but that's — [unintelligible].
MR. LALLY: Miss Gilman, if I could ask you to fast forward to 10:54. I would ask if you could play that from 10:54 to about 10:56. I'm sorry — if you could just pause briefly, Miss Gilman. Now, Mr. Albert, looking up at the screen — as far as the door that you came out of, the door that you eventually exited from the Waterfall, do you see sort of that general area where that is in the video?
MR. ALBERT: No, because I think it's off-screen here. I think it would be over here — off sort of towards the left. Is that — yeah, like down this way.
MR. LALLY: Miss Gilman, if you could press play. As far as two individuals sort of walking in — do you recognize who those individuals are?
PARENTHETICAL: [video plays]
MR. LALLY: Thank you, Miss Gilman. You can now take that down. Now, Mr. Albert, as far as your son Colin — do you know sort of where he was that night?
MR. ALBERT: I do. That's John O'Keefe and Miss Read.
MR. LALLY: And again, Miss Gilman, if you could just run it through 10:56.
MR. ALBERT: Yes. He was at my brother Brian's house for my nephew's birthday.
MR. LALLY: And he came home sometime after you, is that correct?
MR. ALBERT: Correct.
MR. LALLY: And essentially you — ...came in, went to bed. So, do you know what time your son came home?
JUDGE CANNONE: Do you know — just answer yes or no whether you know.
MR. ALBERT: Yes.
MR. LALLY: And how do you know that?
MR. ALBERT: Because he opened the bedroom door and said, "Good night, guys. I love you. I'm home."
MR. LALLY: And about how long after you got home was it?
MR. ALBERT: I'd say within 10 minutes.
MR. LALLY: As far as sort of coming into your room — is that something that was required of your kids when they came home?
MR. ALBERT: He would always do that, yeah. That was something just to let us know that they were home.
MR. LALLY: Now, turning your attention to the next day, on the 29th — obviously, at some point you woke up. Do you recall about what time that was?
MR. ALBERT: 8-ish, 8:30-ish.
MR. LALLY: So sometime between 8 and 8:30?
MR. ALBERT: Yeah. I was still in bed — like, I woke up but I didn't leave my room.
MR. LALLY: And what was it — or who was it — that woke you up at that time?
MR. ALBERT: I just woke up on my own.
MR. LALLY: And when you woke up, what happened after you woke up?
MR. ALBERT: Shortly after I woke up, my wife entered the room — but that was a little bit later; I don't know exactly what time — and she informed me that something had happened to John.
MR. LALLY: And what was it that she told you?
MR. ALBERT: I don't know the exact words that she said, but basically that John had died.
MR. LALLY: And what, if anything, did she indicate to you as to where John had died?
MR. ALBERT: That he was found somewhere on the front lawn of 34 Fairview.
MR. LALLY: And following receiving that information, where did you go — or when you —
MR. ALBERT: I was in shock. I was like, "What are you talking about? What do you mean?" And then I jumped up, and she's like, "Let's — we have to go over. Let's go over to your brother's house."
MR. LALLY: And about what time was it, if you know, that you got over to your brother's house?
MR. ALBERT: Sometime approximately — like, after 9:00. I don't remember exactly what time we went over there — maybe 9:00 or 9:30.
MR. LALLY: And when you arrived at your brother's house, if anyone was there —
MR. ALBERT: To the best of my recollection — sorry, excuse me. From what I remember: I was there, my wife was there, my brother Brian, Nicole, Brian Higgins was there. I believe Matt McCabe was there and Jen McCabe was there.
MR. LALLY: When you came into the home, sort of where were they in relation?
MR. ALBERT: Just sitting at the kitchen table.
MR. LALLY: And if you know, about how long did you stay at your brother's house when you came over?
MR. ALBERT: Maybe an hour.
MR. LALLY: And where did you go from there afterward?
MR. ALBERT: Just home.
MR. LALLY: Now, as far as — subsequent to this, at some point within the days that followed, did you have occasion to speak with some troopers or members of the State Police?
MR. ALBERT: Yes, I did.
MR. LALLY: And how many troopers from the State Police did you talk to?
MR. ALBERT: Two.
MR. LALLY: And where was that?
MR. ALBERT: At my condo.
MR. LALLY: Thank you. I have no further questions.