Commonwealth v. Read — Trial ArchiveChris Albert — Direct
424 linesPROCEEDINGS May 9, 2024
(Court in session at 9:05 a.m.)
(Defendant present. Jury present.)
COURT CLERK: 22-117, Commonwealth versus Karen Read. Would counsel identify themselves for the record, please?
MR. LALLY: Adam 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: Good 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, Ms. Little.
MR. YANNETTI: And good morning, Your Honor. David Yannetti, for Karen Read.
JUDGE CANNONE: Good morning, Mr. Yannetti. Good morning, Ms. Read. Good morning, jurors. I have to ask you those same three questions. Was everyone able to follow the instructions and refrain from discussing this case with anyone since we left yesterday? Every 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” or nodded affirmatively. Did anyone happen to see, hear or read anything about this case, even inadvertently, since we met yesterday? Okay. So I am going to see counsel at sidebar for just a moment.
Court Order: Jurors or Juror Issues [REDACTED]
JUDGE CANNONE: So, Mr. Lally, your next witness, please.
MR. LALLY: Yes, Your Honor. The Commonwealth would call Mr. Christopher Albert to the stand.
Whereupon, CHRISTOPHER ALBERT having been first duly sworn, was examined and testified as follows:
JUDGE CANNONE: Any time you’re ready, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good morning, sir.
MR. ALBERT: Good morning, sir.
MR. LALLY: Could you please state your name and spell your last name for the jury?
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 [REDACTED], Canton, Mass.
MR. LALLY: And how long have you lived there?
MR. ALBERT: Almost two years.
MR. LALLY: 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, [REDACTED].
MR. LALLY: And how long have you and your wife Julie been married?
MR. ALBERT: Roughly -- gosh, she’s going to kill me -- 21 years. Around 21 years.
MR. LALLY: You mentioned you and your wife, Julie, 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: Twenty-five years this March.
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 at times?
MR. ALBERT: She does some the behind-the-scene stuff, yes.
MR. LALLY: Now, when you lived on Meadows Ave., 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 sort of -- how is it that you knew John O’ Keefe?
MR. ALBERT: So he bought One Meadows Ave., the top house, 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. That’s how I initially became 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: Yes, 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 Ave., how about how many houses are on Meadows?
MR. ALBERT: Well, between us or down the whole street, you mean?
MR. LALLY: First down the whole street and then between you.
MR. ALBERT: Yeah. So roughly on the 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 is both odd numbers. Are they on the same side of the street?
MR. ALBERT: Same side, yeah.
MR. LALLY: Now, you said that 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, like, 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 [REDACTED] in my pizza shop a lot, so it was not uncommon for him to stop by a couple of days a week and 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, Brendon and Timmy. Seven of us.
MR. LALLY: Where is it that you sort of fit in in that sort of --
MR. ALBERT: I’m the third oldest.
MR. LALLY: Third oldest. Now, your older brother, Brian, what does he do for work?
MR. ALBERT: He’s a Boston Police officer, or he was. dHe’s recently retired.
MR. LALLY: And your brother Kevin, what does he do for work?
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 was 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 who, if anyone, of note sort of came into D&E?
MR. ALBERT: John came in that day with his nephew, [REDACTED].
MR. LALLY: And do you recall what did they get that day?
MR. ALBERT: They just 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 are heading out and I was planning on meeting up with them later when I got out of work. So I think I said to him -- I said to him I’1l1l shoot you a text later, if you’re around maybe we can hook up.
MR. LALLY: So, in that sense -- or how would you describe your relationship with Mr. O’ Keefe?
MR. ALBERT: Oh, it 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 that night?
MR. ALBERT: So the shop stays open until 10:00. I know that I left sometime a little bit before 10:00. I had my wife drop me off some clothes. And 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 or 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 boss, see if you can get out of there. And I just said I’m married to this place. It’s tough. I’11 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.
MR. LALLY: And where did he say that he was?
MR. ALBERT: He was at C.F.’s, C.F. McCarthy’s.
MR. LALLY: And are you familiar with both of those establishments, as far as C.F. McCarthy’s and Waterfall?
MR. ALBERT: Yes, I am.
MR. LALLY: And with regard to your pizza shop, where is C.F. McCarthy’s in relation to that and where is the Waterfall in relation to that?
MR. ALBERT: So, if I was sitting at my front door looking out, C.F. 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 work?
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 like -- probably from my pizza shop is maybe like a five-minute walk, you know, it’s not far, anda 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 —-- in the area of where you live is there any sort of like town buildings or anything like that?
MR. ALBERT: Yes. 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 little further down on the right.
MR. LALLY: And the library that’s around where you live, is that the only public library in town?
MR. ALBERT: Besides what’s inside schools, yeah, that’s the only public library.
MR. LALLY: And, so, again, I’m sorry, about what time is that you leave D&E to go to Waterfall?
MR. ALBERT: Just before 10:00. Maybe like 9:50-ish.
MR. LALLY: And, as far 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 hada conversation with her. I think that’s how I headed down there.
MR. LALLY: So you went there to meet your wife; correct?
MR. ALBERT: Yeah. Yeah. She was down there.
MR. LALLY: And had you been to the Waterfall before?
MR. ALBERT: Yes.
MR. LALLY: And, so, when you walk into the Waterfall, where did you go as far as -- who, if anyone, did you recognize when you came in?
MR. ALBERT: So it’s pretty much when you walk in it’s just kind of like open. And my wife 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 Matt McCabe; is that right?
MR. ALBERT: Yeah.
MR. LALLY: 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 on like a table that was close to the bar. It’s like set up they have like three tables in a row. And I think we were maybe either in the middle or the next table to the bar.
MR. LALLY: So, with those three sort of tables together, if you know, about how long a table are we talking about?
MR. ALBERT: I would say they’re about a six-foot table.
MR. LALLY: And was this a low-top, high-top, or something else?
MR. ALBERT: It’s like a high-top.
MR. LALLY: And 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: And about how close to your table was the live band that was playing?
MR. ALBERT: Oh, within like six or seven feet probably.
MR. LALLY: So fair to say pretty loud in there?
MR. ALBERT: Pretty loud, yeah.
MR. LALLY: And when you walk in, where do you sort of -- where do you go in reference to sort of the other people at the table?
MR. ALBERT: I went right over to the table and 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 at all day, so I ordered some food, appetizers.
MR. LALLY: And throughout the course of the evening what is it -- you’re at a bar, so you’re drinking; correct?
MR. ALBERT: Sure.
MR. LALLY: And what were you drinking?
MR. ALBERT: Miller Lite.
MR. LALLY: And 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.
MR. LALLY: Okay.
MR. ALBERT: Yeah. There was Jen McCabe, Matt McCabe, my wife, Caitlin, and Nicole.
MR. LALLY: Thank you for correcting me.
MR. ALBERT: Yeah. No problem. Sorry.
MR. LALLY: So at some point shortly after that or at some point 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 Brian Higgins, is that 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 worked inside the Canton Police Department, so I think I knew him from that, just being around.
MR. LALLY: Fair to say you knew him sort of through your brothers, either Brian or Kevin or both?
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 sort of where they had been prior to or what they had been doing earlier that day?
MR. ALBERT: So they were in New York at a police officer’s funeral. They went there for the ceremony. And the snowstorm was coming, so they decided that they were going to drive back early to beat the storm.
MR. LALLY: Now, you mentioned -- well, 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: So when you say your nephew, Brian, whose son is that?
MR. ALBERT: So that’s my older brother Brian’s son, Bernie.
MR. LALLY: So Brian, Jr.?
MR. ALBERT: Brian, Jr., yeah. Call him Brian, Jr.
MR. LALLY: And was he present at the Waterfall that night?
MR. ALBERT: He wasn’t, no. He decided that he didn’t want to go out.
MR. LALLY: And when your brother, your older brother, Brian, and Mr. Higgins come in, where is it that they go sort of in relation to the group?
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 of 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 One Meadows.
MR. LALLY: And, just to be clear, when we’re speaking about Ms. Read, do you see her in the courtroom today?
MR. ALBERT: Yes, I do.
MR. LALLY: Could you just identify as to where she’s seated or an article --
MR. ALBERT: She’s sitting right over there between the two attorneys.
MR. LALLY: Just ask the record reflect identification of the defendant, Your Honor.
JUDGE CANNONE: Okay.
BY MR. LALLY:
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 there?
MR. ALBERT: I don’t think nothing -- before I got to the Waterfall?
MR. LALLY: Not before you got to the Waterfall. Before Mr. O’Keefe got to the Waterfall.
MR. ALBERT: With Mr. O’ Keefe?
MR. LALLY: Yes.
MR. ALBERT: Just that where we’ll see you or where were we going, where was he going to be.
MR. LALLY: What, if any, communication do you recall in regard to who was there or who was going to be there?
MR. ALBERT: With Mr. O’ Keefe?
MR. LALLY: Yes.
MR. ALBERT: Yeah. So I think at some point he said, who’s there. 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 striked up conversation. I think John came over to my wife and said hello to her first maybe, 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 knew?
MR. ALBERT: Good relationship.
MR. LALLY: And when they come -- when Mr. O’Keefe and the defendant come over to the area where you and your wife is, what, if anything, did you observe the defendant to do?
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. I laughed about it and made a comment about it.
MR. LALLY: And what, if anything, did you notice sort of 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 her coat when she came in?
MR. ALBERT: Yeah. It was like she pulled it out.
MR. LALLY: Now, 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 10:00. I would say 10:45-ish, to the best of my recollection.
MR. LALLY: And following sort of the hellos and all that kind of stuff as far as after they first came in, where did they go from there?
MR. ALBERT: I think the defendant sat down and I think -- well, John went to the bar and got a beer.
MR. LALLY: And do you know 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 my wife.
MR. LALLY: Now, with regard to just the -- how would you describe sort of the general sort of 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: So no arguments, 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 abnormal.
MR. LALLY: Now, if you recall, what was Mr. O’ Keefe wearing on that evening?
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 and it wasn’t -- it was like a long-sleeve shirt.
MR. LALLY: And is that what he was wearing when he walked in?
MR. ALBERT: Yes.
MR. LALLY: And 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 of 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, his person, himself, what, if anything, did you observe as far as any injuries or anything like that when you saw him?
MR. ALBERT: Didn’t she 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 that he went to?
MR. ALBERT: No, the same table, the same high-top. Some people were sitting; some people standing.
MR. LALLY: And, as far as sort of this length you described, about six feet or so, of that table, if you recall, sort of 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 were 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 got situated 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 sort of 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 that when one of my nieces or nephews turn 21 we go back to the pizza shop, you know, after hours and turn on the oven and make pizzas and stuff, and there was talk about going back there. Ms. Read asked if we could go back and make pizzas up in my pizza shop a couple of times. Then there was talk about maybe after -- 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 does your brother Brian live at that point?
MR. ALBERT: 34 Fairview.
MR. LALLY: And are you familiar with that address?
MR. ALBERT: Yeah. I used to live there. I grew up there.
MR. LALLY: So prior to it being your brother Brian’s house, was that 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, things like that, is that something that the defendant talked about once or more than once?
MR. ALBERT: A few times.
MR. LALLY: And you referenced sort of this ritual when one of your nieces or nephews turned 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 remember exactly if he’s 20 or 21. I think he was turning 21.
MR. LALLY: So in relation to this evening of January 28th, that sort of ritual that you were talking about, when was the last time before January 28th that you had done that, if you know?
MR. ALBERT: I’m trying to see who else turned 21. I can’t remember exactly. I know it’s 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 of months I think someone turned 21. Maybe we just went there.
MR. LALLY: And, so, what, if any, conversation from your end as far as -- obviously, it’s your pizza shop. So what, if any, conversation from your end was there in reference to doing that?
MR. ALBERT: To doing that that night? 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. We do it every year. It’s like a charity. We do it and the proceeds go to like scholarship funds. So I said no because I didn’t -- we were doing this weight loss challenge and I just didn’t want to give in and, you know, eat pizza two weeks before we went in it.
MR. LALLY: And your wife, Julie, how long was she at the bar for?
MR. ALBERT: Not long when I got there. She probably was only there for maybe 35-40 minutes. She hada migraine. She wanted to go home, so she left.
MR. LALLY: So she indicated she had a migraine and she was going home?
MR. ALBERT: Yeah. She didn’t feel well.
MR. LALLY: Okay. And was that before or after Mr. O’Keefe and Ms. Read arrived?
MR. ALBERT: She left after they arrived. So then she must have been -- she must have left later than that, 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 know?
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 it’s sort of towards the end of the night, when was it that things sort of wrapped up at the Waterfall?
MR. ALBERT: I think they call last call right before 12:00. Pretty much right before 12:00 it all started 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 you leaving at the same time?
MR. ALBERT: My best recollection is I walked out roughly the same time. And I walked out the building and I come up Washington to the right, and they was either shortly after or shortly before me and they walk 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, when you came out of the bar, what, if anything, did you notice sort of about the weather or what was going on at that point?
MR. ALBERT: It just started snowing. It was cold out and it just started snowing. The ground had like a light coat.
MR. LALLY: Could you still sort of see the street or the blacktop?
MR. ALBERT: Oh, yeah. Yeah, you could still see it.
MR. LALLY: And you mentioned you walked out towards Washington and Mr. O’Keefe and Ms. Read did as well?
MR. ALBERT: Yes.
MR. LALLY: And which direction? Did you go in the same direction, different direction?
MR. ALBERT: So when you come out, you come out the building, you have to go to the left in order to get onto Washington. So I come out to the left and then go to the right onto Washington and they would go to the left on Washington.
MR. LALLY: So you’re sort of walking opposite --
MR. ALBERT: Opposite directions.
MR. LALLY: -- on Washington?
MR. ALBERT: Yes.
MR. LALLY: Now, as far as throughout sort of the course of the evening did you have occasion to see sort of what Mr. O’Keefe -- you mentioned that he went to the bar and he got a beer. Was that the only beer that you saw him having or did he have more than one?
MR. ALBERT: I’m sure he had more than one. Yeah, I Saw him with more than one.
MR. LALLY: So you saw him -- but 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.
MR. LALLY: And, as far as Ms. Read was concerned, what, if anything, did you observe her drinking throughout the course of the evening?
MR. ALBERT: Just a clear liquid ina glass. I assume it was some sort of vodka drink.
MR. LALLY: And was that the same glass that she had come into the establishment with under her coat or was ita different glass later on?
MR. ALBERT: I believe it was the same one.
MR. LALLY: So you leave from the Waterfall and you’re walking home; is that right?
MR. ALBERT: Correct.
MR. LALLY: So fair to say you didn’t go to 34 Fairview that night?
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 10 past 12:00, somewhere in the 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, about 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: So 16 and 20 now; is that correct?
MR. ALBERT: Sixteen and twenty now. So they’d be like 14 and 18 then, I guess.
MR. LALLY: And, so, your oldest son --
MR. ALBERT: He was in San Diego in the Navy.
MR. LALLY: And, if you know -- or did you check on anything as far as your kids when you got home? Were they there, if you know?
MR. ALBERT: 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: Your Honor, 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: Mr. Gilman, if I could have from Channel 3 the second video down, and if you could just pause there for a moment, Ms. Gilman?
(Whereupon, the video was played and paused.)
BY MR. LALLY:
MR. LALLY: Mr. Albert, looking up at the screen, do you recognize what I’m showing you, what’s depicted up on the screen?
MR. ALBERT: Yeah. So those are the tables that I was speaking of that there’s like two or three in a row.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: So, Sir, what I’m handing to you is a laser pointer. Basically, just click that button and point it at the screen. Okay? 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 there’s the high-top. I can’t really see myself, to be honest with you, this far away. It’s somewhere around -- I think I ate on this side here.
MR. LALLY: And, as far as the bar is concerned, where would that be, sir?
MR. ALBERT: Back here. Wait. 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 is back there.
MR. LALLY: And, as far as the band that you were talking about that was playing, would you direct the jury’s attention to where that was?
MR. ALBERT: On this side over here. It’s kind of fuzzy, but that side.
MR. LALLY: And, Ms. Gilman, if I could ask you to fast forward to 10:54, and I would ask if you could play that from 10:54 to about 10:56?
(Whereupon, the video was played.)
MR. LALLY: I’m sorry. If you could just pause briefly, Ms. Gilman?
(Whereupon, the video was paused.)
BY MR. LALLY:
MR. LALLY: Now, Mr. Albert, looking up at the screen, as far as the door that you came out, 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 line here. I think it would be over here.
MR. LALLY: So it would be off sort of towards the left; is that correct?
MR. ALBERT: Yeah, down this way (Indicating).
MR. LALLY: Ms. Gilman, if you could press play?
(Whereupon, the video was played.)
MR. LALLY: Pause it, please.
(Whereupon, the video was paused.)
BY MR. LALLY:
MR. LALLY: As far as the two individuals sort of walking in, do you recognize who those individuals are?
MR. ALBERT: I do. That’s John O’Keefe and Ms. Read.
MR. LALLY: And, again, Ms. Gilman, if you could just run it to 10:56?
(Whereupon, the video was played.)
MR. LALLY: Thank you, Ms. Gilman. You can take that down, please.
BY MR. LALLY:
MR. LALLY: Now, Mr. Albert, as far as your son Colin, do you know sort of where he was that night?
MR. ALBERT: Yes. So 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 and went to bed. So do you know what time your son came home that --
MR. YANNETTI: Objection.
JUDGE CANNONE: Do you know? Just answer yes or no, nothing else.
MR. ALBERT: Yes.
BY MR. LALLY:
MR. LALLY: And how do you know that, sir?
MR. ALBERT: Because he opened our bedroom door and said goodnight, guys. I love you. I’m home.
MR. LALLY: And about how long after you got home was it that you son got home?
MR. ALBERT: I’d say within 10 minutes.
MR. LALLY: And, 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. It was just to let us know that they were home.
MR. LALLY: Now, turning your attention to the next day on the 29th, about -- obviously, at some point you woke up. Do you recall about what time that was?
MR. ALBERT: 8:00-ish. 8:30-ish.
MR. LALLY: So sometime between 8:00 and 8:30?
MR. ALBERT: Yeah. I was still in bed. I woke up, but I didn’t leave my room.
MR. LALLY: And what was it that or who was it that woke you up that morning?
MR. ALBERT: At that time 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 entered the room, but that was a little bit later. I don’t know exactly what time. 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 where did you and your wife go?
MR. ALBERT: I was in shock. I was like what are you talking about, like what do you mean. 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 o’clock. 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, who, if anyone, was there?
MR. ALBERT: To the best of my recollection, 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, sir, 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?
MR. ALBERT: Afterwards, 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: Okay. And how many troopers from the state police did you talk to when you spoke with them?
MR. ALBERT: Two.
MR. LALLY: And where was that?
MR. ALBERT: At my condo.
MR. LALLY: Thank you, sir. I have no further questions, Your Honor.
JUDGE CANNONE: Okay. Cross-examination.
MR. YANNETTI: Thank you, Your Honor.