Julie Albert — Direct
460 linesWhereupon, JULIE ALBERT having been first duly sworn, was examined and testified as follows:
JUDGE CANNONE: All right. Whenever you’re ready, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good morning, ma’am.
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, ma’am?
MS. ALBERT: I live at [REDACTED], 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. Forty-eight years.
MR. LALLY: And where did you live just prior to living on Maple?
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 Ave.?
MS. ALBERT: Oh, 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: And what’s your husband’s name?
MS. ALBERT: Christopher Albert.
MR. LALLY: And your three boys, how old are they?
MS. ALBERT: My oldest, Christopher, is 25; my second son, Colin, is 20; and my youngest son, [REDACTED], is 16.
MR. LALLY: And do each of them -- where do they live? 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 for work?
MS. ALBERT: He owns a restaurant in Canton.
MR. LALLY: And 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: John’s house was at the top of the street and there’s two houses -- there was two houses between John’s house and my house.
MR. LALLY: And, if you recall, about how long had you known John O’Keefe or when did he move into Meadows?
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 O’ Keefe?
MS. ALBERT: We were friendly. We were neighbors. You know, I’d see him all the time coming in and out of the street, because he lived at the top of the street, when I pulled out of the street. We were friendly.
MR. LALLY: And, in addition to you knowing Mr. O’ Keefe, were there other sort of people that you knew that also knew him?
MS. ALBERT: Yes.
MR. LALLY: And who were some of those people?
MS. ALBERT: Well, I know -- I knew John through Jennifer McCabe.
MR. LALLY: And who is Jennifer McCabe to you?
MS. ALBERT: She’s one of my closest friends.
MR. LALLY: Now, you knew that John had two children that he was guardian for?
MS. ALBERT: Yes.
MR. LALLY: And you were familiar with both his niece and his nephew as well?
MS. ALBERT: Yes.
MR. LALLY: Now, at some point through Mr. O’Keefe did you come to know somebody by the name of Karen Read?
MS. ALBERT: Yes.
MR. LALLY: And when about was it that you met Ms. Read?
MS. ALBERT: Maybe in like 2021. Like, you know, pulling in and out of the street, if they were outside. You know, a couple of times out socially. Probably in 2021, I would say.
MR. LALLY: And, if you could, just so we’re clear, do you see Ms. Read in the courtroom today?
MS. ALBERT: Yes. Between her lawyers right over there.
MR. LALLY: I’d just ask the record to reflect identification of the defendant by the witness.
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Now, on some social occasions that you were talking about when you would see them out, would you see —-- would you have occasion to socially interact with Mr. O’Keefe and Ms. Read?
MS. ALBERT: Yes.
MR. LALLY: Is that something that like you and your husband did together or was it more of a group setting type of thing?
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 Ms. 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 Ms. 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: And do you recall what day of the week it was?
MS. ALBERT: Friday.
MR. LALLY: And what, if anything, did you have plans for that particular evening?
MS. ALBERT: The next day was my nephew’s birthday, so we were all -- a bunch of us were going to go out that night, the night before, to a bar in Canton.
MR. LALLY: And 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 or how -- well, let me start with this. How old is he now, if you know?
MS. ALBERT: He’s 24.
MR. LALLY: So just turned 24 a few months ago?
MS. ALBERT: January, yeah.
MR. LALLY: And, so, he would have been turning, what, 22 at that point?
MS. ALBERT: Yeah.
MR. LALLY: Okay. When you say we had plans to sort of go out, who is the “we”?
MS. ALBERT: Myself; his mother, Nicole; my niece, Caitlin; and a couple of Brian’s friends.
MR. LALLY: And you mean Brian, Jr.’s friends?
MS. ALBERT: Yes.
MR. LALLY: Okay. And, so, Brian Albert, Jr. has a mother named Nicole Albert; is that correct?
MS. ALBERT: Yes.
MR. LALLY: Okay. And how is she sort of -- how is she related to you?
MS. ALBERT: She’s my sister-in-law. Our husbands are brothers.
MR. LALLY: So your husband, Christopher, has a brother --
MS. ALBERT: Brian.
MR. LALLY: -- Brian. Okay. And that would be sort of Brian, Sr. --
MS. ALBERT: Brian, Sr.
MR. LALLY: -- for lack of a better term?
MS. ALBERT: Yup.
MR. LALLY: Okay. Your husband, Christopher, how many Siblings does he have?
MS. ALBERT: Six.
MR. LALLY: And Brian is the oldest; is that correct?
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: Okay. And what were the plans? What did they sort of consist of?
MS. ALBERT: We were just going to go to Waterfall.
MR. LALLY: And is Waterfall -- where is that?
MS. ALBERT: It’s a bar in Canton on Washington Street.
MR. LALLY: And from your husband’s pizza shop, D&E, to the Waterfall, about how far away are the two from each other?
MS. ALBERT: Very close. I mean, two-minute steps, maybe. Very, very close.
MR. LALLY: Okay. Same side of the street or opposite Sides?
MS. ALBERT: No. Opposite sides.
MR. LALLY: Okay. Now, when it came to that day, where did you go? Did you go to the Waterfall first or somewhere else, if you know?
MS. ALBERT: I went to my sister-in-law Nicole’s house to pick her up.
MR. LALLY: And do you know the address where your Sister-in-law and your brother-in-law live?
MS. ALBERT: 34 Fairview. Where they lived, 34 Fairview Road.
MR. LALLY: And that was somewhere that you had been 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 or didn’t recognize?
MS. ALBERT: I know my niece, Caitlin was in there, my nephew, Brian. I don’t -- I think -- I don’t recall. I don’t recall who else was in there.
MR. LALLY: Your sister-in-law, Nicole, was she there?
MS. ALBERT: Yes. She was ready to leave.
MR. LALLY: Okay. And when you left, I’m using sort of “you” in the plural, so you drove; is that correct?
MS. ALBERT: I drove, yup.
MR. LALLY: And who, if anyone, went along with you in your car?
MS. ALBERT: Nicole, my sister-in-law; and Caitlin, my niece. And Brian did not end up coming with us.
MR. LALLY: And, so, your nephew, Brian, for whom you initially made the plans to go out and celebrate, didn’t end up coming?
MS. ALBERT: Correct.
MR. LALLY: And why was that, if you know?
MS. ALBERT: 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 your sister-in-law and your niece up and then went to Waterfall?
MS. ALBERT: I don’t remember exactly, but I would probably say between maybe 7:30 and 8:00. Like around 7:30, maybe.
MR. LALLY: Okay. And you arrive at the Waterfall. You go in. If you could just explain to 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 of 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 sort of entertainment?
MS. ALBERT: Yeah. They always have -- every week is 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 do 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 the wall in kind of like an alcove, like a little -- against the wall.
MR. LALLY: And when you went there was the band already sort of 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, yeah.
MR. LALLY: And while you were there, as far as -- during sort of 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 think during the meal part anyone else, I don’t think.
MR. LALLY: So you recall as far as the meal part was concerned it’s you; your sister-in-law, Nicole; your niece, Caitlin; and her boyfriend, Tristin Morris?
MS. ALBERT: Correct.
MR. LALLY: And, Mr. Morris, did he stay for any extended period of time, or when was it that he left, if you recall?
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: Okay. And, so, the plan was basically for him to meet you at the Waterfall when he was done with work?
MS. ALBERT: Correct, yes.
MR. LALLY: And, if you know, about what time was it that your husband Christopher came over to the Waterfall?
MS. ALBERT: Maybe 9:30, 10:00, maybe.
MR. LALLY: And, again, ma’am, I don’t want you to guess. Just if you know approximate time.
MS. ALBERT: Yeah.
MR. LALLY: Okay. So at sometime around 9:30 or so your husband, Christopher, comes over to the Waterfall?
MS. ALBERT: Yes.
MR. LALLY: Okay. And what, if anything, did he do when he got there?
MS. ALBERT: He came in.
MR. LALLY: Let me ask you, when he came in did he get anything to eat, anything to drink?
MS. ALBERT: Yeah. He probably ordered a drink and just stood by the table.
MR. LALLY: And you and the people in your group, were you drinking that night?
MS. ALBERT: Yes.
MR. LALLY: And what is it -- do you recall specifically what you had to drink?
MS. ALBERT: I think I had just a couple of glasses of wine.
MR. LALLY: And your husband, what does he -- do you recall specifically what he had that night?
MS. ALBERT: What he would drink is Miller Lite.
MR. LALLY: Okay. And that’s sort of typically what he would drink --
MS. ALBERT: Yes.
MR. LALLY: -- when he was out?
MS. ALBERT: Yes.
MR. LALLY: And your sister-in-law, Nicole, do you recall what she was drinking?
MS. ALBERT: I would assume White Claw, a White Claw.
MR. LALLY: And same question with regard to your niece, Caitlin?
MS. ALBERT: Yes, probably White Claw as well.
MR. LALLY: Now, while you were there, who, if any -- so after your husband came in, who, if anyone else, sort of came in and joined the group that you were with?
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: Uh-hmm.
MR. LALLY: And do you know --
COURT REPORTER: Is that “yes”?
MS. ALBERT: Yes.
MR. LALLY: Thank you, Madam Court Reporter.
BY MR. LALLY:
MR. LALLY: You just have to answer audibly “yes.” 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: So you know him just sort of through your brother-in-law, Brian; is that correct?
MS. ALBERT: Yeah. Yes.
MR. LALLY: Okay. And do you know when they arrived in relation to when your husband, Christopher, arrived?
MS. ALBERT: I don’t. I don’t recall.
MR. LALLY: But 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 in your group?
MS. ALBERT: Jennifer McCabe and Matt McCabe. And there was a couple. I don’t even know their name. Kolikitis (phonetic). They arrived. I don’t know their first names.
MR. LALLY: Okay.
MS. ALBERT: And John and Karen arrived shortly after that.
MR. LALLY: And, just so we can clear up people, as far as Jennifer McCabe, you already mentioned her. And, Matthew, is that her husband?
MS. ALBERT: Uh-hmm. Yes.
MR. LALLY: And the other couple that you were talking about or sort of guessing their names, had 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 them, 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 sort of sporting events, sporting events in relation to what?
MS. ALBERT: Basket -- if they were like 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 probably 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 very well? Your kids or somebody else’s kids?
MS. ALBERT: No. Jennifer McCabe’s kids.
MR. LALLY: Okay. So you would go to sporting events for Jennifer McCabe’s kids and see this couple there?
MS. ALBERT: Yes.
MR. LALLY: And, if you know, about how long after Brian Albert and Mr. Higgins arrived did the McCabes and this other couple arrive?
MS. ALBERT: Really, I don’t remember exactly.
MR. LALLY: But after Mr. Albert and Mr. Higgins; correct?
MS. ALBERT: Correct.
MR. LALLY: Okay. Now, you mentioned Mr. O’Keefe and Mr. Read came in at some point as well?
MS. ALBERT: Uh-hmm. Yes.
JUDGE CANNONE: You have to make Sure you say yes or no; okay? And the other thing you say, “I assume” or “I guess,” don’t answer -- if you don’t know, you don’t know.
MS. ALBERT: Okay.
BY MR. LALLY:
MR. LALLY: And, if you know, about what time was it that Mr. O’ Keefe and Ms. Read came in?
MS. ALBERT: A little before 11:00 o’clock.
MR. LALLY: And, Your Honor, I’m just going to hold off and let the sirens go by.
BY MR. LALLY:
MR. LALLY: And, with reference to when Mr. O’ Keefe and the defendant, Ms. Read came into the Waterfall, where were you in relation to sort of the high-top table that you had described?
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 a drink.
MR. LALLY: And, as far as the drink in the glass, what, if anything, did you observe as far color or anything like that?
MS. ALBERT: Clear.
MR. LALLY: And the glass that she had, could you see -- so the clear liquid inside it, how much of the glass was full of that?
MS. ALBERT: I don’t recall.
MR. LALLY: And she placed it on the table; is that correct?
MS. ALBERT: Uh-hmm. Yes.
MR. LALLY: And what was your reaction to that?
MS. ALBERT: I think I laughed and said, made a comment like you’re crazy or something just because she walked in with a glass.
MR. LALLY: Now, did you know where Mr. O’Keefe and Ms. 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: And you’re familiar with that establishment or club?
MS. ALBERT: Yes.
MR. LALLY: And where is that in relationship to the Waterfall?
MS. ALBERT: It’s maybe 200 steps, right next to my husband’s restaurant.
MR. LALLY: So on the same side of Washington Street?
MS. ALBERT: Opposite side. Opposite side.
MR. LALLY: I’m sorry. On the same side of Washington Street as your husband’s restaurant?
MS. ALBERT: Yes.
MR. LALLY: Okay. And then the same vicinity from D&E to Waterfall, C.F. McCarthy is to Waterfall?
MS. ALBERT: Yes. Yes.
MR. LALLY: Now, over the course of the evening did you occasion to see Mr. O’ Keefe, if he was at a bar, he had something to drink; is that correct?
MS. ALBERT: Can you repeat that?
MR. LALLY: Sure. Over the course of the evening did you occasion to observe what, if anything, Mr. O’Keefe was drinking?
MS. ALBERT: No, I don’t believe. I left very shortly after they got there.
MR. LALLY: And, so, you left fairly shortly after they arrived?
MS. ALBERT: Yes.
MR. LALLY: Okay. And, if you know, about how much time are we talking about?
MS. ALBERT: Maybe 10-15 minutes.
MR. LALLY: And why is it that you left?
MS. ALBERT: I had a terrible migraine.
MR. LALLY: From the band being so close to you?
MS. ALBERT: Yes.
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: So your oldest son, Christopher, he was in the Navy at that point?
MS. ALBERT: He was in the Navy and he was stationed in San Diego, yes.
MR. LALLY: And, so, your middle son, Colin, he was out. Did you know where he was?
MS. ALBERT: Yes. He was at, I believe, his friend Michael Leonnetti’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: And 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.
MR. LALLY: Where?
MS. ALBERT: My brother and sister-in-law’s. 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 your back to the Waterfall just for a second. So while you were at the Waterfall, obviously, you see Mr. O’ Keefe and Ms. Read come in. 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 him wearing, what, if anything, did you observe as far as the condition of that clothing? And by that I mean, was it torn, was it disheveled, anything like that?
MS. ALBERT: No, nothing. Nothing that I remember.
MR. LALLY: And, with regard to Mr. O’Keefe, as far as his appearance, what, if anything, did you observe about him as far injuries or anything like that?
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 that evening?
MS. ALBERT: Just normal. I thought it was just normal. Sitting and listening to a band.
MR. LALLY: So, at least during the time that you were there, there were no sort or arguments or disagreements or anything like that?
MS. ALBERT: Nope.
MR. LALLY: And specifically to Mr. O’Keefe and the defendant, Ms. 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: Uh-hmm. Yes.
MR. LALLY: And where did the defendant go?
MS. ALBERT: She talked to me at the top of the table fora 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 of 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 sort of your end of the table, what, if anything, was discussed as far as sort of where to go or 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 Ms. Read either on that date or on a prior day?
MS. ALBERT: I believe we discussed just that we went there once and we said next time she’ll have to come with us.
MR. LALLY: And was that something that was discussed as a possibility or something that was going to happen that night?
MS. ALBERT: 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: Okay. 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: Uh-hmm. Yes.
MR. LALLY: Okay. And who came home first, your husband, Christopher, or you son, Colin?
MS. ALBERT: My husband.
MR. LALLY: And do you know about time that was?
MS. ALBERT: I want to say about after 12:00. 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: He came upstairs to my room. He was shivering because it was cold out. And he immediately went into the bathroom, got undressed, and got into bed.
MR. LALLY: And your son Colin, had you 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 Colin came home?
MS. ALBERT: Ten to fifteen minutes.
MR. LALLY: And were you essentially waiting up for him?
MS. ALBERT: Oh, yes. Yup.
MR. LALLY: And 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 frig, and come upstairs and give me a kiss goodnight and tell me that they’re home.
MR. LALLY: Now, did that happen on this occasion?
MS. ALBERT: Yes.
MR. LALLY: So Colin came into your room at some point?
MS. ALBERT: Yup. He came right upstairs, yes.
MR. LALLY: And, when Colin came into your room and came upstairs, did you have occasion to observe him as far as -- you talked to him obviously?
MS. ALBERT: Yes. We talked for a minute. He asked me if I was feeling better. Yeah, we talked for a moment.
MR. LALLY: And during that conversation that you had with Colin, same 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: Okay. And what, if any, injuries or anything did you observe --
MS. ALBERT: None.
MR. LALLY: -- on him at that time?
MS. ALBERT: None.
JUDGE CANNONE: So I know this sort of hard, but wait till Mr. Lally finishes his question before answering. Okay?
MS. ALBERT: Uh-hmm.
JUDGE CANNONE: Thank you.
BY MR. LALLY:
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, the 29th, about what time was it that you woke up?
MS. ALBERT: I woke up about 8:00-ish.
MR. LALLY: And, with regard to your nephew, Brian, JUr., 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 and 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: And is that what you did on that morning?
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 to 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 regard to the missed call as to what time that missed call had come in?
MS. ALBERT: Tt was 5:55, maybe.
MR. LALLY: So sometime earlier in the morning?
MS. ALBERT: Early morning, yes.
MR. LALLY: And beyond the missed call, was there any other sort of stamp or notification on the phone as far a voicemail, text message?
MS. ALBERT: Nope. No, there was not.
MR. LALLY: And not from Ms. McCabe; correct?
MS. ALBERT: 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 Ms. McCabe?
MS. ALBERT: No, I did not.
MR. LALLY: And did you call her -- so you didn’t call her back or anything like that?
MS. ALBERT: I did not.
MR. LALLY: And, so, after you wake up, at some point you go 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, when were driving to the house, at this point what was the weather like at this point?
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: 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.
MR. LALLY: So nothing you can recall?
MS. ALBERT: No.
MR. LALLY: About what time was this that you got there?
MS. ALBERT: 8:30-9:00 o’clock. 8:30.
MR. LALLY: And when you get there, you pull in the driveway, what did you do?
MS. ALBERT: IT 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, asked me to come in for a second and I said that I didn’t need to. And he said -- I said I’m just leaving these, 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 walk 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 has 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.
BY MR. LALLY:
MR. LALLY: Go ahead.
MS. ALBERT: I said, is he okay. And she said, we don’t know.
MR. LALLY: And after hearing that information, how long were you at your brother and sister-in-law’s house that morning?
MS. ALBERT: Probably about a 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 to -- 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, about how long a period of time were you there that time?
MS. ALBERT: I would say probably a half hour. Not long.
MR. LALLY: And then after that half hour or so, where did you go after that?
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 you with regard to Mr. O’Keefe and your son Colin, what, if any, injuries or anything out of place did you note with respect to Brian Albert, Sr.?
MS. ALBERT: Nothing that I saw.
MR. LALLY: And 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: Now, when you woke up your husband that next morning, your other two sons, being Colin and [REDACTED], they were at home still?
MS. ALBERT: Yes. They were at home still asleep.
MR. LALLY: And, with regard 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: Do you recall -- well, let me put it this way. As far as your sons, did they, 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 [REDACTED] was awake when you left the second time to go to Fairview?
MS. ALBERT: I don’t.
MR. LALLY: Now, 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: When you say “they,” how many of them came to you?
MS. ALBERT: There were two.
MR. LALLY: And you spoke to them that day in reference to what you had observed at the Waterfall and everything you just testified to?
MS. ALBERT: Yes, I did.
MR. LALLY: May I have one moment, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Just one last question. When you -- Ms. 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 or off, you know, from the evening before when you were there?
MS. ALBERT: Nothing.
MR. LALLY: I have nothing further for this witness, Your Honor.
JUDGE CANNONE: Okay. Mr. Yannetti.
MR. YANNETTI: Thank you.