Commonwealth v. Read — Trial ArchiveJulie Albert - Direct
420 linesCOURT OFFICER: Thank you, please be seated.
JUDGE CANNONE: All right, Mr. Lally, your next witness please.
MR. YANNETTI: May we approach before the next witness is called, Your Honor?
JUDGE CANNONE: Okay.
JUDGE CANNONE: All right. So, Mr. Lally — who's your next witness?
MR. LALLY: The Commonwealth call Ms. Julie 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?
MS. ALBERT: I do.
JUDGE CANNONE: All right, whenever you're ready, Mr. Lally.
MR. LALLY: Thank you. Good morning.
MS. ALBERT: Good morning.
MR. LALLY: Could you please state your name and spell your last name for the jury?
MS. ALBERT: Julie Albert. A-L-B-E-R-T.
MR. LALLY: And where do you live now?
MS. ALBERT: I live at 22 Maple Street in Canton.
MR. LALLY: And how long have you lived there?
MS. ALBERT: A little over two years.
MR. LALLY: And how long in total have you lived in Canton?
MS. ALBERT: My whole life — 48 years.
MR. LALLY: And where did you live just prior to living on Maple Street?
MS. ALBERT: I lived at 7 Meadows Avenue in Canton.
MR. LALLY: And how long a period of time did you live at 7 Meadows?
MS. ALBERT: Oh, um — 20 — 15 plus — 20 years, about 20 years.
MR. LALLY: And do you have kids?
MS. ALBERT: Yes, I have three boys.
MR. LALLY: And are you married?
MS. ALBERT: Yes, I am.
MR. LALLY: What's your husband's name?
MS. ALBERT: Christopher Albert.
MR. LALLY: And your three boys — how old are they?
MS. ALBERT: Um, my oldest Christopher is 25, my second son Colin is 20, and my youngest son Dylan is 16.
MR. LALLY: And do they live with you?
MS. ALBERT: They all live with me, yes.
MR. LALLY: And your husband — does he work?
MS. ALBERT: Yes.
MR. LALLY: What does he do?
MS. ALBERT: He owns a restaurant in Canton.
MR. LALLY: What's the name of the restaurant?
MS. ALBERT: D&E Pizza.
MR. LALLY: And where is that located?
MS. ALBERT: 618 Washington Street.
MR. LALLY: Now, when you lived on Meadows Avenue, can you describe for the jury — sort of, if you know — about how many houses are on Meadows?
MS. ALBERT: I would say maybe eight on each side.
MR. LALLY: And Meadows comes out to a main road, is that correct?
MS. ALBERT: Yes, Pleasant Street.
MR. LALLY: Okay. And while you were living on Meadows Avenue, did you have occasion to come to know someone by the name of John O'Keefe?
MS. ALBERT: Yes, I did.
MR. LALLY: And where did John live in relation to you?
MS. ALBERT: Um, John's house was at the top of the street, and there were two houses between John's house and my house.
MR. LALLY: And if you recall, about how long had you known John? When did he move in?
MS. ALBERT: I think he moved in in 2017-ish, maybe, and I've probably known him since maybe 2019.
MR. LALLY: And how would you describe sort of your relationship with John?
MS. ALBERT: We were friendly. Um, we were neighbors, you know — I see him all the time coming in and out of the street, and he's at the top of the street when I pulled out — and we were friendly.
MR. LALLY: And in addition to you knowing Mr. O'Keefe, were there other sort of people that knew you that also knew him?
MS. ALBERT: Yes, yes.
MR. LALLY: Who were some of those people?
MS. ALBERT: Um, well, I knew John through Jennifer McCabe.
MR. LALLY: And who is Jennifer McCabe?
MS. ALBERT: Um, she's one of my closest friends.
MR. LALLY: Now, you knew that John had two children that he was a guardian for?
MS. ALBERT: Yes.
MR. LALLY: And you were familiar with both his niece and his nephew?
MS. ALBERT: Yes.
MR. LALLY: Now, at some point through Mr. O'Keefe, did you come to know somebody by the name of Karen?
MS. ALBERT: Yes.
MR. LALLY: When about was it that you met Miss Read?
MS. ALBERT: Um, maybe like in 2021 — like, you know, pulling in and out of the street if they were outside, a couple times out socially — probably in 2021, I would say.
MR. LALLY: And if you could — just so we're clear — do you see Miss Read in the courtroom?
MS. ALBERT: Yes, between her lawyers, right over there. That's a record of identification by the witness.
MR. LALLY: Now, on some social occasions that you were talking about — when you would see them out — would you have occasion to socially interact with Mr. O'Keefe and Ms. Read?
MS. ALBERT: Yes.
MR. LALLY: Is that something that you and your husband did together, or was it more of a group setting?
MS. ALBERT: No, a group setting.
MR. LALLY: And with reference to — did you have occasions where you would socially hang out or interact with Mr. O'Keefe in which Miss Read wasn't there?
MS. ALBERT: Um, I can only honestly remember one time, and that was — I don't even know if they were together at the time.
MR. LALLY: And had you ever socially interacted or spent time with Miss Read separate and apart from Mr. O'Keefe?
MS. ALBERT: No.
MR. LALLY: Now, if I could turn your attention to January 28th, 2022 — do you recall that day?
MS. ALBERT: Yes.
MR. LALLY: You recall what day of the week it was?
MS. ALBERT: Um, Friday.
MR. LALLY: And what, if anything, did you have planned for that particular evening?
MS. ALBERT: Um, the next day was my nephew's birthday, so we — a bunch of us — were going to go out that night, the night before, to a bar in Canton.
MR. LALLY: By "the night before," you mean the night before his birthday?
MS. ALBERT: Yes.
MR. LALLY: And that nephew — what was that nephew's name?
MS. ALBERT: Brian — Brian Jr.
MR. LALLY: And if you know, about how old was he turning — let me start with this — how old is he now?
MS. ALBERT: Um, he's 24 — so just turned 24 a few months ago, January.
MR. LALLY: Yep. And so he would have been turning what — 22 at that point?
MS. ALBERT: Yes.
MR. LALLY: And we say "we" — who had plans to sort of go out?
MS. ALBERT: Um, myself, his mother Nicole, my niece Caitlyn, and a couple of Brian's friends.
MR. LALLY: Now, you mean Brian Junior's friends?
MS. ALBERT: Yes.
MR. LALLY: And so Brian Albert Jr. has a mother named Nicole Albert, is that correct?
MS. ALBERT: Yes.
MR. LALLY: And how is she — sort of how was she related to you?
MS. ALBERT: Um, she's my sister-in-law. Our husbands are brothers.
MR. LALLY: So your husband Christopher has a brother Brian — that would be sort of Brian Albert Sr.?
MS. ALBERT: Yep.
MR. LALLY: Your husband Chris — how many siblings does he have?
MS. ALBERT: Six.
MR. LALLY: And Brian is the oldest?
MS. ALBERT: The oldest, yes.
MR. LALLY: And so there were plans to go out that evening, the day before Brian Albert Jr.'s birthday, correct?
MS. ALBERT: Yes.
MR. LALLY: And what were the plans — what did they sort of consist of?
MS. ALBERT: Um, we were just going to go to Waterfall. Waterfall's — it's a bar in Canton, on Washington Street.
MR. LALLY: And from your husband's pizza shop at D&E to the Waterfall — about how far away are the two from each other?
MS. ALBERT: Um, very close. I mean, 200 steps, maybe — very, very close.
MR. LALLY: Same side of the street or opposite sides? no response captured Now, when it came to that day — where did you go? Did you go to the Waterfall first, or somewhere else?
MS. ALBERT: I went to my sister-in-law Nicole's house to pick her up.
MR. LALLY: And you know the address where your sister-in-law and your brother-in-law live?
MS. ALBERT: 34 Fairview Road.
MR. LALLY: Where they lived — 34 Fairview Road — that was somewhere you had been on numerous occasions before?
MS. ALBERT: Yes.
MR. LALLY: And when you arrived at 34 Fairview Road, you went inside the house?
MS. ALBERT: I think I went inside for a moment, yeah, just to wait.
MR. LALLY: And do you know who — if anyone — did you see in there that you knew or recognized?
MS. ALBERT: Um, I know my niece Caitlyn was in there, my nephew Brian — I don't — I think — I don't recall who else was in there.
MR. LALLY: Your sister-in-law Nicole — was she there?
MS. ALBERT: Yeah, she was ready to leave.
MR. LALLY: And when you left — you drove, is that correct?
MS. ALBERT: I drove, yep.
MR. LALLY: And who if anyone went along with you in your car?
MS. ALBERT: Um, Nicole, my sister-in-law, and Caitlyn, my niece. And Brian did not end up coming with us, and —
MR. LALLY: So your nephew Brian, for whom you had initially made the plans to go out to celebrate, didn't end up coming, correct?
MS. ALBERT: Correct.
MR. LALLY: And why was that?
MS. ALBERT: I don't — he just — I don't think he was feeling up to it.
MR. LALLY: And if you know, about what time was it that you picked up your sister-in-law and your niece and went?
MS. ALBERT: What — I don't remember exactly, but I would probably say between maybe 7:30 and 8 — like around 7:30 maybe.
MR. LALLY: And you arrive at the Waterfall, you go in — if you could just explain for the jury, sort of when you walk into the door of the Waterfall, where was it that the three of you went?
MS. ALBERT: When you walk into the door, there's a couple high-top tables, long high-top tables in front of you, and we just sat down at a high-top table right when you walk through the door.
MR. LALLY: Now from your experience, either that evening or prior evenings, on certain nights does the Waterfall have any kind of entertainment?
MS. ALBERT: Yeah, they always have — every week's different, they have bands.
MR. LALLY: And from your recollection, was there a band there that night?
MS. ALBERT: Yes there was.
MR. LALLY: And you recall where you were seated in relation to the band?
MS. ALBERT: I was sitting at the end of the high-top table closest to the door that you walk in, and the band was to the right of me against a wall, in kind of like an alcove, like a little against the wall.
MR. LALLY: And when you went there, was the band already set up and playing, or did that happen later?
MS. ALBERT: I think they set up while we were there, I think.
MR. LALLY: And so initially when you go there, do you go there and just have drinks, or did you eat something, or what?
MS. ALBERT: We ate, and yeah.
MR. LALLY: And while you were there, during the meal portion of it, was there anyone else that joined you?
MS. ALBERT: I know my niece's boyfriend Tristin Morris came — I don't remember exactly when it was during that, but I know he was there. And then during the meal part, I don't — I don't think during the meal part anyone else. I don't think so.
MR. LALLY: You recall, as far as the meal part was concerned, it's you, your sister-in-law Nicole, your niece Caitlyn, and her boyfriend Tristin Morris, correct?
MS. ALBERT: Correct.
MR. LALLY: And Mr. Morris, did he stay for any extended period of time, or when was it that he left?
MS. ALBERT: I know he stayed for a little bit, but I honestly can't remember what time exactly he left.
MR. LALLY: Now your husband, was he working on that day?
MS. ALBERT: Yes he was.
MR. LALLY: And had you been in communication with him as to where you were going to be?
MS. ALBERT: Yes.
MR. LALLY: And so the plan was basically for him to meet you at the Waterfall when he was done with work, correct?
MS. ALBERT: Yes.
MR. LALLY: And if you know, about what time was it that your husband Christopher came over to the Waterfall?
MS. ALBERT: Maybe — not 9:30, 10 — I maybe — I don't remember exactly, just, you know, approximately — yeah.
MR. LALLY: So it's sometime around 9:30 or so your husband Christopher comes over to the Waterfall?
MS. ALBERT: Yes.
MR. LALLY: And what if anything did he do when he came in?
MS. ALBERT: Yeah, he came in.
MR. LALLY: Did he get anything to eat, anything to drink?
MS. ALBERT: Yeah, probably would've had a drink and just stood by the table, I would think.
MR. LALLY: And you and the people in your group, were you drinking that night?
MS. ALBERT: Yes.
MR. LALLY: What do you recall specifically — what you had to drink?
MS. ALBERT: I think I had just a couple glasses of wine.
MR. LALLY: And your husband — what does he — you recall specifically what he had that night, what he would drink?
MS. ALBERT: Miller Lite.
MR. LALLY: And that's sort of typically what he would drink when he was out?
MS. ALBERT: Yes.
MR. LALLY: And your sister-in-law Nicole, you recall what she was drinking?
MS. ALBERT: I would assume — a White Claw.
MR. LALLY: And same question with regard to your niece Caitlyn?
MS. ALBERT: Yes, probably White Claw as well.
MR. LALLY: Now while you were there — so after your husband came in, who if anyone else sort of came in and joined the group?
MS. ALBERT: My brother-in-law Brian Albert and his friend Brian Higgins.
MR. LALLY: And obviously you know your brother-in-law Brian Albert, correct?
MS. ALBERT: Yes.
MR. LALLY: Thank you — you just have to answer. So did you know Mr. Higgins as well?
MS. ALBERT: Yes.
MR. LALLY: And how did you know Mr. Higgins?
MS. ALBERT: I just know him from being friends with my brother-in-law.
MR. LALLY: As you knew him just sort of through your brother-in-law Brian, is that correct?
MS. ALBERT: Yeah — yes.
MR. LALLY: And do you know when they arrived in relation to when your husband Christopher arrived?
MS. ALBERT: I don't — I don't — I don't recall.
MR. LALLY: At some point after, correct?
MS. ALBERT: Yes.
MR. LALLY: Then after they arrived, who if anyone else do you recall sort of arriving and joining your group?
MS. ALBERT: Jennifer McCabe and Matt McCabe, and there was a couple — I don't even know their name — Kolokithas — they arrived, I don't know their first names. And John and Karen arrived shortly after that.
MR. LALLY: And just so you can clear up the people — as far as Jennifer, you've already mentioned her, and Matthew was her husband?
MS. ALBERT: Yes.
MR. LALLY: And the other couple that you were talking about, you're sort of guessing their names — have you ever met them before?
MS. ALBERT: No, nope.
MR. LALLY: Not anybody that you're particularly friends with or anything like that?
MS. ALBERT: No, I know who they are from seeing them, maybe at a sporting event or something, but I've never been introduced to them.
MR. LALLY: And when you say sporting events — sporting events in relation to what?
MS. ALBERT: Basketball — if they were at a basketball game and I was at a game, like I've just seen them around. I'm assuming probably sporting events, probably a basketball game.
MR. LALLY: And I'm sure it's pretty well understood, but I just want to clarify — so when you say sporting events, these are kids' sporting events?
MS. ALBERT: Kids' sporting events, yes.
MR. LALLY: And so which kids' sporting events would you be at that you would see this couple that you didn't know — your kids', or —?
MS. ALBERT: No. Jennifer McCabe's kids.
MR. LALLY: So you would go to sporting events for Jennifer McCabe's kids and see this couple?
MS. ALBERT: Yes.
MR. LALLY: And if you know, about how long after Mr. Brian Albert and Mr. Higgins arrived did the McCabes and this other couple arrive?
MS. ALBERT: I really don't remember exactly, but after.
MR. LALLY: After Mr. Albert and Mr. Higgins, correct?
MS. ALBERT: Correct.
MR. LALLY: Now you mentioned Mr. O'Keefe and Miss Read came in at some point as well.
JUDGE CANNONE: So you have to make sure you say yes or no, okay? And if you say "I assume" or "I guess," don't answer if you don't know — you don't have to, okay?
MR. LALLY: And if you know, about what time was it that Mr. O'Keefe —
MS. ALBERT: [unintelligible] — before 11 o'— [unintelligible]
MR. LALLY: Okay, and with reference to when Mr. O'Keefe and the defendant Miss Read came into the Waterfall, where were you in relation to the high-top table?
MS. ALBERT: I was at the top of the high-top table closest to the door.
MR. LALLY: And when they came in, where did Mr. O'Keefe and the defendant go?
MS. ALBERT: John walked in and said hello and kept on walking — I think to the bar — and Karen came in and stopped at the table to talk for a minute.
MR. LALLY: And during the time that she stopped at the table to talk for a minute, what if anything did she do?
MS. ALBERT: She opened her jacket and had a glass and pulled the glass out and started drinking the drink.
MR. LALLY: And as far as the drink in the glass, what if anything did you observe as far as color or anything?
MS. ALBERT: Clear.
MR. LALLY: And the glass that she had — could you see the clear liquid inside it? How much of the glass was full?
MS. ALBERT: I don't recall.
MR. LALLY: And she placed it on the table, is that correct?
MS. ALBERT: Yes.
MR. LALLY: And what was your reaction to that?
MS. ALBERT: I think I laughed and made a comment like "you're crazy" or something, just because she walked in with the glass.
MR. LALLY: Now did you know where Mr. O'Keefe and Miss Read had been coming from prior to them getting to the Waterfall?
MS. ALBERT: Yes.
MR. LALLY: And where were they coming from?
MS. ALBERT: C.F. McCarthy's.
MR. LALLY: You're familiar with that establishment?
MS. ALBERT: Yes.
MR. LALLY: And where is that in relation to the Waterfall?
MS. ALBERT: It's maybe 200 steps, right next to my husband's restaurant — so on the same side —
MR. LALLY: Opposite side?
MS. ALBERT: On the same side of Washington Street as my husband's restaurant.
MR. LALLY: Yes, okay. And the same vicinity — from D&E to Waterfall?
MS. ALBERT: Yes.
MR. LALLY: Now over the course of the evening, did you have occasion to observe what, if anything, Mr. O'Keefe was drinking?
MS. ALBERT: Can you repeat that?
MR. LALLY: Sure. Over the course of the evening, did you have occasion to observe what, if anything, Mr. O'Keefe was drinking?
MS. ALBERT: No, I don't believe so — I left very shortly after they got there.
MR. LALLY: And so you left very shortly after they arrived?
MS. ALBERT: Yes.
MR. LALLY: And if you know, about how much time are we talking?
MS. ALBERT: Maybe 10, 15 minutes.
MR. LALLY: And why is it that you left?
MS. ALBERT: I had a terrible migraine from the band being so close.
MR. LALLY: And when you left, where did you go?
MS. ALBERT: Home.
MR. LALLY: And when you got home, as far as your children on that evening, who was home, who was out, if you know?
MS. ALBERT: My youngest son was home, and my oldest son didn't live at home — he lived in California at the time — and my middle son was not home.
MR. LALLY: And your oldest son Christopher, he was in the Navy at that —
MS. ALBERT: He was in the Navy and he was stationed in San Diego, yes.
MR. LALLY: And so your middle son — [unintelligible] — he was out, did you know where he was?
MS. ALBERT: Yes, he was at — I believe his friend Michael Leonetti's house.
MR. LALLY: And at some point did you learn that Colin had gone from that person's house to somewhere else?
MS. ALBERT: Yes.
MR. LALLY: Is this him communicating with you?
MS. ALBERT: Yes.
MR. LALLY: And that other place that he went to — do you know where that was?
MS. ALBERT: Yes, my brother-in-law and sister-in-law Nicole and Brian Albert's house on Fairview Road.
MR. LALLY: And was that in relation to your nephew and his birthday?
MS. ALBERT: Yes.
MR. LALLY: Now while you were — if I could take it back to the Waterfall just for this — while you were at the Waterfall, obviously you see Mr. O'Keefe and Miss Read come in. Um, do you recall what Mr. O'Keefe was wearing?
MS. ALBERT: I know he had a hat on, he had jeans on, and he had something with a hood.
MR. LALLY: And from your observations, did you ever see him with like a winter coat or a jacket or anything like that?
MS. ALBERT: I did not.
MR. LALLY: And with regard to the clothing that you observed Miss Read wearing, what if anything did you observe as far as the condition of that clothing — in that, I mean, was it torn, was it disheveled, anything like that?
MS. ALBERT: No, nothing — nothing that I remember.
MR. LALLY: And with regards to Mr. O'Keefe, as far as his appearance, what if anything did you observe about him as far as injuries or anything?
MS. ALBERT: Nothing.
MR. LALLY: Now with reference to your group — — as far as at the Waterfall, how would you describe sort of the overall demeanor or tone of the group and what was going on?
MS. ALBERT: Just normal — I thought it was just normal, sitting, listening to a band.
MR. LALLY: So at least for the time that you were there, there were no sort of arguments or disagreements or anything like that?
MS. ALBERT: Nope, nothing.
MR. LALLY: And specifically as to Mr. O'Keefe and the defendant, Miss Read, while you were there during the short time that you were there when they were there, did you observe anything as far as any arguments or disagreements or anything like that?
MS. ALBERT: No, I did not.
MR. LALLY: Now at the time — so during that time between when they arrived, you mentioned — — that John went up to the bar, correct?
MS. ALBERT: Yes.
MR. LALLY: And where did the defendant go?
MS. ALBERT: She talked to me at the top of the table for a few minutes, and then I believe she made her way down the table to either Jennifer McCabe or the couple that was at the end of the table to speak with.
MR. LALLY: And was it during that period of time that you had enough with the migraine and went home?
MS. ALBERT: Yes, I left very, very shortly after that.
MR. LALLY: Now during the time that you were there and you were speaking with the defendant down your end of the table, what if anything was discussed as far as sort of where to go, what to do after the Waterfall?
MS. ALBERT: I do know that — I do remember — — I'm sorry, that Karen had asked if we could go back to D&E, my husband's store, and make pizza, because that's something we frequently do if we're out at the end of the night if we're hungry.
MR. LALLY: And was that something that you had discussed with Miss Read either on that date or on a prior date?
MS. ALBERT: I believe we discussed just that — we went there once, and she — we said next time she'll have to come with us.
MR. LALLY: Was that something that was discussed as a possibility or something that was going to happen that night?
MS. ALBERT: Um, I think right away I just wasn't going to do that because I wasn't feeling well, and I just — I think I might have said talk to — — Chris, because I wasn't going to do it.
MR. LALLY: And is that something that she mentioned over the course of that evening — once, more than once, or something else?
MS. ALBERT: Just once to me.
MR. LALLY: So when you get home, at some point the rest of your family came home at some point in the evening, correct?
MS. ALBERT: Yes.
MR. LALLY: And who came home first — your husband Christopher or your son Colin?
MS. ALBERT: My husband.
MR. LALLY: You know about what time that was?
MS. ALBERT: I want to say about after 12, maybe — 12:10, around there.
MR. LALLY: So sometime around 12:10?
MS. ALBERT: Sometime around 12:10, yes.
MR. LALLY: And what if anything do you recall specifically about when your husband Christopher came home?
MS. ALBERT: Um, he came upstairs to my room. He was shivering because it was cold out, and he — — immediately went to the bathroom, got undressed, and got into bed.
MR. LALLY: And your son Colin — you had been in communication with him over the evening?
MS. ALBERT: Yes.
MR. LALLY: And about how long was it after your husband came home that your son called?
MS. ALBERT: Um, 10 to 15 minutes.
MR. LALLY: And were you essentially waiting up for him?
MS. ALBERT: Oh yes, yep.
MR. LALLY: Is that sort of common practice?
MS. ALBERT: Yes, I do not go to bed until my kids are home.
MR. LALLY: And is there another common practice as far as when your kids come home — where do they go when they first come in?
MS. ALBERT: They immediately will always come in the door, maybe grab a water out of the fridge, and come upstairs and give me a kiss good night and tell me that they're home.
MR. LALLY: Now did that happen on this occasion?
MS. ALBERT: Yes.
MR. LALLY: And so Colin came into your room and came upstairs?
MS. ALBERT: Yep, he came right upstairs, yes.
MR. LALLY: And when Colin came into your room and came upstairs, did you have occasion to observe him, to talk to him?
MS. ALBERT: Yes, we talked for a minute and he asked me if I was feeling better, and yeah, we talked for a moment.
MR. LALLY: And during that conversation that you had with Colin, similar to what I had asked you with regard to Mr. O'Keefe, what if any injuries or anything did you observe on your son Colin?
MS. ALBERT: None.
MR. LALLY: And fair to say the next day at some point you talked to and had interaction with your son?
MS. ALBERT: Yes.
MR. LALLY: What if any injuries or anything did you observe?
MS. ALBERT: None, none.
JUDGE CANNONE: So I know this is sort of hard — wait till Mr. Lally finishes his question before answering, okay? Thank you.
MR. LALLY: Now after your son Colin came home and you eventually went to bed, is that right?
MS. ALBERT: Yes.
MR. LALLY: And turning your attention to the next morning — the Saturday morning of the 29th — about what time was it that you woke up?
MS. ALBERT: I woke up about 8-ish.
MR. LALLY: And with regard to your nephew Brian Jr., whose birthday it was now on the 29th, what if any sort of tradition do you have with respect to him and his birthday?
MS. ALBERT: Every year on his birthday I go to Dunkin' Donuts, I get him six donuts — — and I bring them to the house and I leave them there with a card before he gets up, so when he wakes up they're there. I've been doing it for years.
MR. LALLY: And is that what your intention was on this morning as well?
MS. ALBERT: Yes.
MR. LALLY: Is that what you did?
MS. ALBERT: Yes.
MR. LALLY: Now when you woke up, probably like most people, at some point did you look at your phone?
MS. ALBERT: Yes.
MR. LALLY: And when you looked at the screen of your phone, what if anything did you see?
MS. ALBERT: I had a missed call from my friend Jen McCabe.
MR. LALLY: And was there any sort of notation in regards to the missed call as to what time that missed call came in?
MS. ALBERT: It was 5:55, maybe.
MR. LALLY: So sometime earlier in the morning — — early morning?
MS. ALBERT: Yes.
MR. LALLY: And beyond the missed call, was there any other sort of stamp or notification on the phone as far as a voicemail, text message?
MS. ALBERT: I'm sorry, no there was not.
MR. LALLY: And not from Miss McCabe?
MS. ALBERT: Correct, correct.
MR. LALLY: And not from anybody else?
MS. ALBERT: Correct.
MR. LALLY: And at any point in time on that morning, over the phone did you speak with Miss McCabe?
MS. ALBERT: No, I did not.
MR. LALLY: And you didn't call her back or anything like that?
MS. ALBERT: I did not.
MR. LALLY: So after you wake up, at some point you go to Dunkin' Donuts and get the six donuts?
MS. ALBERT: Yes.
MR. LALLY: And where did you go with those?
MS. ALBERT: I drove to 34 Fairview.
MR. LALLY: And when you arrived at 34 Fairview, where did you park in relation to the house?
MS. ALBERT: I pulled into the driveway.
MR. LALLY: And when you came up to the house — you were driving to the house at this point — what was the weather like?
MS. ALBERT: It was coming down — the snow was coming down pretty good.
MR. LALLY: And with reference to the house, what if anything did you notice out of the ordinary with regard to the house or the street or anything else?
MS. ALBERT: Um, Jennifer McCabe's car was in the driveway.
MR. LALLY: And as far as any other vehicles on the street or anything like that, what was going on at that point?
MS. ALBERT: I don't recall — I don't — nothing.
MR. LALLY: Nothing you can recall?
MS. ALBERT: No.
MR. LALLY: But what time was this that you got there?
MS. ALBERT: 8 — 8:30, 9:00 —
MR. LALLY: 8:30?
MS. ALBERT: Um, around that.
MR. LALLY: And when you get there, you pull in the driveway — what do you do?
MS. ALBERT: I opened my car door, I got out to walk to the car in front of me to leave the donuts and card inside my nephew Brian's car, and Brian Albert came to the door — Brian Albert Sr. came to the door — and he told me to come — asked me to come in for a second. And I said that I didn't need to, and I said I'm just leaving this gift for Brian Jr., and he said no, just come in for a second. So I went into the house.
MR. LALLY: And when you walked into 34 Fairview Road on that morning, who if anyone else was there?
MS. ALBERT: Nicole Albert, Brian Albert, Brian Higgins, Jennifer McCabe, and — — Matt McCabe.
MR. LALLY: And where were they in relation to the house?
MS. ALBERT: In the kitchen.
MR. LALLY: And what if anything did they tell you at that time?
MS. ALBERT: When I first walked in, nothing — everyone was just sitting there. And I was looking around and everyone was visibly upset, and I asked what's going on. And another maybe 30 seconds went by and Jen said something's happened to John, and I said John? She said John O'Keefe, and I said — is he okay?
MR. YANNETTI: Objection.
JUDGE CANNONE: No, I'm going to allow it.
MS. ALBERT: I said is he okay? And she said we don't know. And that was that.
MR. LALLY: And after hearing that information, how long were you at your brother and sister-in-law's house?
MS. ALBERT: Probably about half hour, 45 minutes, maybe.
MR. LALLY: And where did you go from there?
MS. ALBERT: I went home to wake my husband up to let him know what had happened.
MR. LALLY: And at some point after you go home and wake up your husband, where did you and your husband go?
MS. ALBERT: We went back — I woke up my husband, told him what had happened, and we went back to Fairview.
MR. LALLY: And so the second time that you had gone back to Fairview, how long a period of time were you there?
MS. ALBERT: I would say probably half hour, not long.
MR. LALLY: And then after that half hour or so, where did you go?
MS. ALBERT: Back home to my house.
MR. LALLY: Now during either of those occasions when you were at 34 Fairview Road on the morning of — — the 29th, you had occasion to talk and observe Brian Albert Sr., correct?
MS. ALBERT: Yes.
MR. LALLY: And similar to the questions that I asked with regards to Mr. O'Keefe and your son Colin, what if any injuries or anything out of place did you notice with respect to Brian?
MS. ALBERT: Nothing that I saw.
MR. LALLY: And the same question with respect to Mr. Higgins — as far as you made observations and spoke, at least in the same room as him on that morning?
MS. ALBERT: Yes.
MR. LALLY: And what if anything did you observe as far as injuries or anything else on Mr. Higgins?
MS. ALBERT: Nothing.
MR. LALLY: And when you woke up your husband that next morning, your other two sons — being Colin and Dylan — they were at home still?
MS. ALBERT: Yes, they were at —
MR. LALLY: — home still asleep. And with regards to when you went to Fairview, came back with your husband, went back to Fairview, and then came back again — were they still asleep?
MS. ALBERT: I don't remember.
MR. LALLY: You recall — well, let me put it this way. As far as your sons, did either of your sons come back with you to Fairview Road that day?
MS. ALBERT: No, they did not.
MR. LALLY: And do you recall whether or not either Colin or Dylan was awake when you left the second time to go to Fairview?
MS. ALBERT: I don't.
MR. LALLY: At some point, a few days after this, did you have occasion to meet with a couple of troopers from the state police?
MS. ALBERT: Yes, I did. They came to my home.
MR. LALLY: And when you say "they," how many of them —
MS. ALBERT: There were two.
MR. LALLY: And you spoke to them that day in reference to what you had observed — the Waterfall, everything?
MS. ALBERT: Yes, I did.
MR. LALLY: One moment. Yes. Just one last question. Miss Albert, when you came over to Fairview Road that first time with the donuts, as far as the inside of the house, what if anything did you observe as far as the condition of the home, or anything about the home that seemed abnormal or out of place — you know, from the evening before when you were there?
MS. ALBERT: Nothing.
MR. LALLY: I have nothing further.