Day 9 - May 10, 2024

Counsel and the judge agreed on a neutral way to identify prior grand-jury testimony while clarifying that neither side in this case participated in that proceeding. Court security reported that a court user would be barred from Norfolk Superior Court for the remainder of the trial, and the defense declined an offer for an officer to accompany Karen Read outside the courtroom. The judge adjusted the Memorial Day week schedule and set a hearing after the current witness on the Commonwealth's motion to exclude Aidan Kearney during certain witnesses' testimony.

On continued cross-examination, Julie Albert was questioned about 67 calls with Courtney Proctor and other contacts around Karen Read's arrest and arraignment; she said she did not remember the subjects of several conversations, while agreeing the arraignment could have been discussed. Defense counsel played Exhibit 53; Albert identified the person shown as her husband and agreed the screen showed him leaving the Waterfall at about 12:13:46 a.m., adding that her earlier 12:10 a.m. estimate had been made without the video. She also testified that Read did not appear impaired and that she had not seen Read and John O’Keefe arguing during the time she observed them at the Waterfall.

Julie Albert agreed that her calls with Ms. Proctor were less frequent than her calls with other friends and said she did not recall discussing the case with Ms. Proctor or Trooper Proctor outside her interview. She said she voluntarily attended interviews with other troopers, answered questions, and provided her phone. She also described walking faster in cold weather and not expecting to remain outside talking on January 29.

The court addressed the Commonwealth's motion concerning Mr. Kearney, described as seeking to exclude him from proceedings involving certain witnesses. Mr. Bradl said he had not received the motion and was appearing for Mr. Curry, not Mr. Kearney. The judge directed that he receive a copy and time to consult with Mr. Kearney before a hearing expected within 15 to 20 minutes. At defense counsel's request, the court excused the parties in the Read matter from the ancillary hearing and stated that the hearing would be sealed.

With the defendant present and the jury absent, the court held a hearing under separate cover involving Attorneys Lally, McLaughlin, and Bradl. After a recess, the jury returned and the Commonwealth called Nicole Albert as its next witness.

Nicole Albert denied answering or speaking with Jennifer McCabe by phone before McCabe came into her room on the morning of January 29. She testified that she had no experience interpreting Cellebrite extraction reports, described rehoming Chloe after a May 2022 biting incident, and said Mr. Higgins and her husband were outside her sight for only a couple of minutes while she cleaned. The judge limited one question about later contact with Chloe's new owner to whether contact occurred, rather than its substance.

Nicole Albert said she was not aware of receiving voicemails from Jennifer McCabe on January 29. The judge sustained objections to two defense questions about Chloe's whereabouts. In response to a later question, Albert said she believed she had provided the Commonwealth information about Chloe's whereabouts; counsel requested an approach when asked when she had done so.

Brian Albert described traveling from New York with Brian Higgins, meeting him at the Hillside, and later joining family and friends at the Waterfall. He recounted the discussion of an invitation to his home, the gathering at 34 Fairview Road, and his testimony that John O’Keefe and Karen Read never entered the house. Albert also described Jennifer McCabe waking him early the next morning, police contacts at the house, and later interviews with state troopers. The Commonwealth played portions of Waterfall video marked as Exhibit 53 and published photographs previously marked as Exhibits 58 through 65.

The judge excused the jury for the weekend, provided upcoming trial scheduling updates and standard cautions, and asked counsel to identify any evidentiary issues requiring weekend review. Defense counsel flagged anticipated photographs involving Caitlin Albert and Kate McLaughlin; the judge directed counsel to raise the matter before Caitlin Albert testifies and before cross-examination. The Commonwealth said Caitlin Albert would probably testify Monday.