Day 9 - May 10, 2024

David Yannetti resumes cross-examination of Julie Albert, picking up from the prior day's questioning about her 67 phone calls with Courtney Proctor, sister of lead investigator Michael Proctor. Albert repeatedly states she cannot recall the content of those calls but admits the subject of Karen Read's arrest likely came up during a 12-minute call on the day of the arrest and a 27-minute call the morning of the arraignment. Yannetti establishes that Albert called Trooper Proctor's personal cell phone shortly after her February 10th interview and spoke with him for four minutes. He then uses Waterfall lobby video to show her husband Chris left the bar at 12:13-12:14 a.m., contradicting her direct testimony estimate of 12:10. After establishing that Karen Read appeared sober, bubbly, and getting along with John O'Keefe at the Waterfall, Yannetti turns to Colin Albert's whereabouts — establishing that Colin was at 34 Fairview Road after midnight on January 29th, the same house where O'Keefe was found dead. The cross ends with Yannetti asking whether Albert told Trooper Proctor during her interview that Colin was at 34 Fairview that night; Albert replied that she did not recall her interview.

In a brief redirect of 43 utterances, ADA Adam Lally methodically rehabilitates Julie Albert on the points raised during cross-examination. He contextualizes the 67 calls with Courtney Proctor over 210 days as below Albert's average call frequency with other friends, and elicits testimony that Albert never coordinated with Proctor about the case. Lally establishes Albert's voluntary cooperation with investigators — attending multiple interviews, answering questions, and surrendering her phone without being threatened with a warrant. He closes by addressing the timing discrepancy raised on cross, suggesting Albert walked faster in the cold on the morning of January 29th and was not expecting to stay at 34 Fairview Road.

The Commonwealth filed a motion to exclude Aidan Kearney, a blogger indicted for witness intimidation in connection with the Read case, from the courtroom during testimony of specific witnesses. Attorney Timothy Brado objected on procedural grounds, arguing he received no advance service of the motion and was given only 15 minutes' notice. Brado argued the issue had already been adjudicated twice — by Judge Krupp in Superior Court and Judge Pomerol in District Court — both ruling in favor of Kearney's First Amendment right to be present. ADA Lally argued for partial closure based on Kearney's open witness intimidation indictments and witness concerns about his presence. Judge Cannone ruled that while Kearney's SJC Rule 119 press credentials would be honored, he would be excluded during testimony of named witnesses: Julie Nagel, Christopher Albert, Colin Albert, Michael Proctor, Jennifer McCabe, Matthew McCabe, Brian Albert, Yuri Bukhenik, Nicole Albert, and Brian Albert Jr. The court preserved Kearney's reserved seat for his return.

Nicole Albert, wife of Brian Albert and sister of Jennifer McCabe, testified about the events of January 28-29, 2022. She described going to the Waterfall bar with her daughter Caitlin and sister-in-law Julie Albert, where they were joined over the course of the evening by Jennifer and Matt McCabe, Chris Albert, Brian Albert, Brian Higgins, and later John O'Keefe and Karen Read. After the bar closed around 12:45 AM, Nicole invited her sister Jennifer to stop by 34 Fairview Road for her son Brian Jr.'s birthday. She testified that John O'Keefe and Karen Read never came to her house. She described being woken between 6:00-6:30 AM by a hysterical Jennifer McCabe, who told her John had been found in the snow outside, and the subsequent arrival of Canton police officer Lank. Nicole also testified about the family dog Chloe, the layout of the home, and stated the family's 2023 move was planned before the incident.

Elizabeth Little conducted a methodical cross-examination of Nicole Albert, focusing on several areas: Brian Albert's fighting background (boxing and Marine Corps training), the family dog Chloe's bite history and subsequent rehoming to Vermont, Nicole's admission that she did not mention Colin Albert to Trooper Proctor, inconsistencies about when her daughter Caitlin left the house, her inability to account for Brian Albert and Brian Higgins's whereabouts during the gathering, and two phone-call entries from Jennifer McCabe at 6:07 and 6:08 AM that Nicole denied answering or speaking about. The examination concluded with questions about activity outside the bedroom. Nicole agreed that she had been lying next to a first responder and that neither she nor Brian went outside, explaining that they were asleep and unaware of what was happening until Jennifer entered the bedroom.

ADA Lally examines Brian Albert, a retired Boston Police officer and homeowner at 34 Fairview Road in Canton, about his activities on the night John O'Keefe died. Albert describes returning from an NYPD funeral in New York, stopping at the Hillside bar with Brian Higgins, then joining family at the Waterfall bar where O'Keefe and Karen Read arrived around 11 PM. Albert testifies the group went to his house after the bar for his son's birthday, that O'Keefe and Read never entered his home, and that he was awakened around 6-6:30 AM by Jennifer McCabe who was hysterical. He describes the police response, speaking with Canton officers and later state troopers, and identifies photographs of his property. Albert also addresses the timeline of selling the house, stating discussions began in late 2021 before the incident.