Commonwealth v. Read — Trial ArchiveBrian Albert - Direct
775 linesMR. LALLY: Yes, your honor. The Commonwealth calls — excuse me — Mr. Brian 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?
MR. ALBERT: I do.
JUDGE CANNONE: All right, whenever you're ready, Mr. Lally.
MR. LALLY: Thank you. Good afternoon, sir.
MR. ALBERT: Good afternoon. Good afternoon, your honor, and good afternoon to the jury.
MR. LALLY: Good afternoon, sir. Could you please state your name and spell your last name?
MR. ALBERT: Sure. It's Brian. Last name Albert, A-L-B-E-R-T.
MR. LALLY: And where do you live?
MR. ALBERT: I live in Norwood, Massachusetts.
MR. LALLY: How long have you lived in Norwood?
MR. ALBERT: Approximately a year.
MR. LALLY: And who, if anyone, do you live in Norwood with?
MR. ALBERT: My wife Nicole and my son Brian and my son Brandon.
MR. LALLY: Ask just a little bit about your family. As far as -- let me start with yourself and your wife Nicole -- how long have the two of you been together?
MR. ALBERT: Approximately 29 years.
MR. LALLY: And were you together for a period of time prior to getting married?
MR. ALBERT: Yes, we've known each other since we were 13, 14 years old.
MR. LALLY: And do you have any siblings, sir?
MR. ALBERT: I do.
MR. LALLY: And how many siblings do you have?
MR. ALBERT: I have five brothers and one sister.
MR. LALLY: And if you could just -- as far as -- are you the oldest?
MR. ALBERT: I'm the oldest of seven, yes.
MR. LALLY: And as far as your brothers and sisters are concerned, what are their names, and if you could rank them sort of by --
MR. ALBERT: Sure. The next sibling after me is my sister Kathleen, then I have a brother Chris, a brother Kevin, a brother Keith, a brother Brendan, and a brother Timmy.
MR. LALLY: And you and your wife Nicole, do you have children of your own?
MR. ALBERT: Yes.
MR. LALLY: And how many children do you have?
MR. ALBERT: Five.
MR. LALLY: And how old are they?
MR. ALBERT: So my oldest daughter is 29, my son Brian is 25, my son Brendan turns 23 today, and I have twins -- or we have twins -- that are 20 years old. Caitlyn is 28. I'm sorry, I said 29.
MR. LALLY: Now, prior to living at your address in Norwood, where did you live before that?
MR. ALBERT: Canton, Canton, Mass.
MR. LALLY: And how long have you lived in Canton?
MR. ALBERT: Approximately -- in the house on Fairview Road, approximately 11 years.
MR. LALLY: And in total, about how long have you been a resident before moving to Norwood?
MR. ALBERT: Approximately 45 years.
MR. LALLY: And that address is 34 Fairview Road, is that right?
MR. ALBERT: Yes.
MR. LALLY: And what, if any, relationship does that home or that residence have to your family, before you and your wife and your kids moved --
MR. ALBERT: My parents had lived at that residence prior to us.
MR. LALLY: So you spent some of your childhood in that house as well?
MR. ALBERT: Yes.
MR. LALLY: And do you work, sir?
MR. ALBERT: I did. Retired now.
MR. LALLY: Retired. What did you retire from?
MR. ALBERT: Boston Police Department.
MR. LALLY: And how long were you a member of the Boston Police Department?
MR. ALBERT: Approximately 30 years.
MR. LALLY: And within the Boston Police Department, were you assigned to any sort of specific unit or special duties?
MR. ALBERT: My last assignment -- is that what we're referring to?
MR. LALLY: Yes.
MR. ALBERT: My last assignment was the Boston Police executive unit.
MR. LALLY: Now, if I could turn your attention to January 28th, 2022. You recall that day?
MR. ALBERT: Yes.
MR. LALLY: And do you recall what day of the week that was?
MR. ALBERT: The 28th -- I believe it was a Friday.
MR. LALLY: And when you first sort of got up on the 28th, where were you with that?
MR. ALBERT: On the 28th I was in New York -- New York City.
MR. LALLY: And why had you gone to New York City?
MR. ALBERT: I went to New York for a funeral of a New York City police officer who was killed in the line of duty.
MR. LALLY: And about what time -- or what day -- did you go down to New York for that?
MR. ALBERT: We went down the day before, so I believe that was Thursday.
MR. LALLY: Do you recall how it was that you got down there?
MR. ALBERT: Yes. I flew to New York.
MR. LALLY: And when you say "we," who, if anyone, went with you on that trip to New York for the funeral?
MR. ALBERT: I flew with a friend and a coworker named Eddie Hernandez.
MR. LALLY: So another Boston police officer?
MR. ALBERT: Yes.
MR. LALLY: And down in New York at that funeral, were there other members of law enforcement that you knew or were familiar with?
MR. ALBERT: Yes, there were thousands of police officers that went to the funeral.
MR. LALLY: And included within those people -- you mentioned you have a brother Kevin, is that correct?
MR. ALBERT: Yes.
MR. LALLY: Is he a police officer as well?
MR. ALBERT: He is.
MR. LALLY: And where is he?
MR. ALBERT: He's a detective in Canton, Massachusetts.
MR. LALLY: And was he down at this funeral as well?
MR. ALBERT: He was.
MR. LALLY: And do you know a gentleman by the name of Brian Higgins?
MR. ALBERT: Yes.
MR. LALLY: And was Brian Higgins at this funeral?
MR. ALBERT: Yes, he was.
MR. LALLY: And how is it that you know Brian?
MR. ALBERT: I know Brian Higgins initially from work -- a professional relationship. I've known him, or known of him, for 10 or 15 years, and then the past few years, more recently, we worked together on a closer basis and I became better friends with him.
MR. LALLY: And fair to say that when you became better friends with him, you also sort of socialized with him outside of work?
MR. ALBERT: Yes.
MR. LALLY: Now, as far as your return trip from New York, what, if anything, happened with that?
MR. ALBERT: On the return trip from New York we drove back.
MR. LALLY: Why did you drive versus fly back?
MR. ALBERT: So that weekend there was an anticipated snowstorm, and I believe the flight that we were taking with JetBlue may have even been cancelled. And Brian Higgins was leaving in a vehicle that morning, so we ended up driving -- or, after the funeral, we ended up driving with him.
MR. LALLY: And so it's yourself, Mr. Higgins, and then, if anyone else, who went with you on the drive back to Massachusetts?
MR. ALBERT: Eddie Hernandez and my brother Kevin.
MR. LALLY: And when you arrived back in Massachusetts, where was it, sort of specifically, that you went first?
MR. ALBERT: I initially went to Charlestown to pick up my vehicle.
MR. LALLY: Where was your vehicle parked in Charlestown?
MR. ALBERT: It was at a police station -- Charlestown station, it's a satellite station located in Charlestown.
MR. LALLY: And that was in reference -- in proximity to the airport, is that correct?
MR. ALBERT: Yes.
MR. LALLY: So that would have been Logan -- that you flew out of and intended to fly back into?
MR. ALBERT: Logan Airport, yes.
MR. LALLY: And after you were dropped off with your vehicle -- what kind of vehicle was that?
MR. ALBERT: That was a Ford Edge.
MR. LALLY: Was that a personal vehicle or work?
MR. ALBERT: Work vehicle.
MR. LALLY: And so you get dropped back off at your work vehicle -- where did you go from there?
MR. ALBERT: So from Charlestown -- I drove back towards the Canton area, and I met Brian Higgins at a restaurant/bar called the Hillside.
MR. LALLY: Is that in Canton as well?
MR. ALBERT: I believe so. It's on the Canton-Milton line. I believe it sits in Canton.
MR. LALLY: And what was the purpose of you and Mr. Higgins going there?
MR. ALBERT: After the drive home he asked if I wanted to get some food and stop off, and I said yes.
MR. LALLY: And if you know, about what time was it that you got to the Hillside?
MR. ALBERT: I want to say around 9, 9:30 -- perhaps not entirely sure.
MR. LALLY: When you arrived there, what did you do?
MR. ALBERT: So we went into the establishment and had a drink and hung out for a while.
MR. LALLY: And did you order any food there?
MR. ALBERT: I did not. I believe Brian did, though.
MR. LALLY: And while you were at the Hillside with Mr. Higgins, what, if any, communication did you receive from your wife Nicole?
MR. ALBERT: So around that time I talked to my wife -- I think more than once -- and she had let me know that her and a few people were at another location in Canton. She had asked if I wanted to come by and see them.
MR. LALLY: What was that other location?
MR. ALBERT: That other location was the Waterfall.
MR. LALLY: Is that an establishment you were familiar with?
MR. ALBERT: Yes.
MR. LALLY: You've been there before?
MR. ALBERT: Several times. I had been there before, yes.
MR. LALLY: And so you drove then from the Hillside to the Waterfall?
MR. ALBERT: Yes.
MR. LALLY: About how long a drive is that?
MR. ALBERT: Maybe seven minutes between -- less than 10 minutes.
MR. LALLY: And so as you're going on that drive, the snow that was anticipated coming in -- had anything related to that started yet?
MR. ALBERT: No. At that time I don't recall any snow.
MR. LALLY: And in relation to the Waterfall, where did you park?
MR. ALBERT: In the parking lot for the Waterfall, which is adjacent to the door to go inside. So it's to the left if you're looking at the building from Washington Street.
MR. LALLY: And when you come in -- now, when you left the Hillside, Mr. Higgins stayed there?
MR. ALBERT: Yes, he did.
MR. LALLY: And when you came into the Waterfall, who, if anyone, was there?
MR. ALBERT: So when I walked in I saw my wife, my oldest daughter Caitlyn, I saw my brother Chris, his wife Julie, my brother-in-law Matt, and my sister-in-law Jen.
MR. LALLY: And your brother-in-law Matt and your sister-in-law Jen -- their last name is --, is that right?
MR. ALBERT: Yes.
MR. LALLY: And if you could just explain to the jury how you're related, as far as --
MR. ALBERT: So my brother Chris's wife is Julie, and then Nicole's sister is Jen, and then Jen's husband is Matt McCabe.
MR. LALLY: And is it fair to say that you've probably known Jennifer McCabe about as long as you've known your wife Nicole?
MR. ALBERT: Yes, since she was a little kid -- maybe six, seven years old.
MR. LALLY: And you see these people -- and where were they sort of situated in the Waterfall?
MR. ALBERT: So there was a high-top table kind of in the front area as you walk in, kind of in the middle of the room, and everybody was just kind of around the high-top table.
MR. LALLY: And what, if anything, was there as far as live entertainment at the Waterfall that night?
MR. ALBERT: Yeah, there was a band playing there.
MR. LALLY: And with reference to the people that you've just spoken of -- as far as your wife and your daughter specifically -- were they at the high-top table closer to the band or further away?
MR. ALBERT: So they were on the side of the table that's -- I guess -- closer to the door as you come in, and then there were other people on the opposite side of the table that was closer to the bar area.
MR. LALLY: And after you came into the Waterfall and went up to the group of your family, what did you do? Did you order anything?
MR. ALBERT: Yeah, I kind of just said hi to everybody. I don't recall exactly, but I'm sure I ordered a drink, and then just kind of hung out with family and friends.
MR. LALLY: And following your arrival, who, if anyone else, showed up and eventually sort of joined your group?
MR. ALBERT: There was another couple at the table. I don't know if they were there initially when I walked in, but there was another couple at the table whom I believed were there before I got there, but I just -- ...don't know what their names were.
MR. LALLY: Do you know how they were related to your group?
MR. ALBERT: I don't. I think they're friends with Jen and Matt, but I'm not 100% sure.
MR. LALLY: And where were they situated in reference to where your wife and your daughter were?
MR. ALBERT: So they were, I believe, to the right of this pretty large high-top table, toward the other end of the table. Yes.
MR. LALLY: And if you recall, what were you drinking that night?
MR. ALBERT: I don't recall. I usually drink Michelob Ultra, but I can't remember that night what I was drinking.
MR. LALLY: Now, following your arrival there and you meet up with your family, were there other friends or family that eventually showed up at this establishment?
MR. ALBERT: Yes.
MR. LALLY: And who were they, sir?
MR. ALBERT: So after I was there maybe about a half hour, Brian Higgins arrived at the location.
MR. LALLY: And if you recall, what if any sort of communication did you have with Mr. Higgins, or how did Mr. Higgins know to come to the waterfall specifically?
MR. ALBERT: Because while we were at the Hillside, I had mentioned that I was going to be leaving to go to the waterfall to see my family who was already there, and I invited him to come by if he wanted to.
MR. LALLY: And at any point in time throughout the course of the day, yourself and Mr. Higgins — you had each other's sort of information and cell numbers, things like that?
MR. ALBERT: Yes.
MR. LALLY: And at any point in time throughout the course of the day or the evening, did you have occasion to text or phone call or anything with Mr. Higgins?
MR. ALBERT: Yes.
MR. LALLY: Now, after Mr. Higgins arrived, who if anyone else came into the waterfall and joined?
MR. ALBERT: Probably after about a half hour later from Brian Higgins arriving, John O'Keefe came into the waterfall with the defendant, and that would have been probably about 11:00.
MR. LALLY: Is that correct?
MR. ALBERT: Yes.
MR. LALLY: And John O'Keefe — if you could tell the jury, well, first, did you know John O'Keefe?
MR. ALBERT: So I knew John O'Keefe, but not — — not well. I had only met him two times prior to that night, but I knew him to be a Boston cop, and I knew of him, and I knew some things about him.
MR. LALLY: And as far as the Boston Police Department — a fairly large department, would you agree with that?
MR. ALBERT: Yes.
MR. LALLY: And about how many members, or how many people, are on the Boston Police Department?
MR. ALBERT: Depending on the year, I mean, sometimes it's upwards of 2,000.
MR. LALLY: And through the course of your work over the decades that you worked with the Boston Police, did you ever work with or have any professional sort of interaction with him?
MR. ALBERT: No. I don't remember working with him directly.
MR. LALLY: Within the Boston Police Department, were — — you aware of sort of what his role was or what he did within the Boston Police?
MR. ALBERT: Yes. I knew where he worked.
MR. LALLY: And where did he work?
MR. ALBERT: I believe he worked at the SOR unit, which is the sex offender registry unit.
MR. LALLY: And you mentioned just briefly before that you had heard of Mr. O'Keefe, correct?
MR. ALBERT: Yes.
MR. LALLY: And what is it that you had heard about him?
MR. ALBERT: Well, I knew him to be a friend of my sister-in-law Jen and her husband Matt. I knew him to be a friend of my brother Chris and my sister-in-law Julie. I knew him to be a friend of my brother Kevin's. I've heard his name mentioned multiple times. And I knew that he had — — a horrible couple of tragedies in his family, and I knew that he stepped up and decided to take care of his niece and his nephew when they tragically lost their parents.
MR. LALLY: And how would you sort of describe your relationship with John O'Keefe at this time — January 28th, 2022?
MR. ALBERT: Although I didn't know him well, I considered him to be a friend, and our relationship was very good — cordial — and I considered him to be somebody that I could hang out with and have a good time with.
MR. LALLY: Now, you mentioned that Mr. O'Keefe walked in around 11:00 to the waterfall with the defendant. For clarity purposes, you're referring to — — Karen Read, is that correct?
MR. ALBERT: Yes.
MR. LALLY: And do you see Ms. Read in the courtroom today?
MR. ALBERT: Yes, I do.
MR. LALLY: Could you identify where she's seated or an article of clothing?
MR. ALBERT: Sure. She's a female at the table in front of me with a black top on — long sleeve.
JUDGE CANNONE: Let the record reflect the identification.
MR. LALLY: Now, with regard to Miss Read — had you met Miss Read prior to that date of January 28th?
MR. ALBERT: I believe I had met her one time, a week prior.
MR. LALLY: And do you recall any specifics about that meeting, or how it is that you came to meet her about a week prior?
MR. ALBERT: I do.
MR. LALLY: And if you could explain to the jury what those circumstances were.
MR. ALBERT: Sure. I met — — her at the Hillside. I believe she was there with John a week prior.
MR. LALLY: And as far as your interaction with her on that particular evening — anything significant stand out to you?
MR. ALBERT: No.
MR. LALLY: Now, when they came in — and by that — I'm sorry — when Karen Read came into the waterfall, where did they go in relation to where you were situated at the high top?
MR. ALBERT: I don't remember them actually walking in the front door. I remember them being in my general area at some point, and they went towards the other side of the table where my sister-in-law Jen and my brother-in-law Matt were standing.
MR. LALLY: And at some point, did either or — — both of them make their way down towards your side of the table?
MR. ALBERT: Yes. I remember having an interaction — or more than one interaction. John came over to say hello and we had some conversation, not for too long, but yes.
MR. LALLY: Do you remember anything specific about that conversation, or anything that stood out to you?
MR. ALBERT: No. I think we were talking mostly about work. I think he let me know that the sergeant, I guess, that worked in his unit was leaving — or left, or was transferred — and he was jokingly saying that I should try to get — — a job over at where he works.
MR. LALLY: And as far as the defendant, Miss Read — what if any conversation or interaction did you have?
MR. ALBERT: I don't remember having any interaction with her whatsoever.
MR. LALLY: Now, as far as when Mr. O'Keefe came over, what if anything did you observe as far as what he was wearing — clothing, anything like that?
MR. ALBERT: I don't really remember what he was wearing for clothing. I believe he had a baseball hat on. Other than that, I can't remember his clothing.
MR. LALLY: And specifically, do you recall anything as far as like a winter jacket or a big coat, or anything like that?
MR. ALBERT: I can't say. I wasn't really paying attention to what he was wearing. I don't know.
MR. LALLY: And as far as just his general features — what if any sort of injuries or anything did you observe on his person at that time?
MR. ALBERT: I observed no injuries at that time.
MR. LALLY: And over the course of the evening, you had a couple of interactions with Mr. O'Keefe — is that correct?
MR. ALBERT: Yeah. I believe we talked a few times, kind of hung out, stood next to each other for a while, like you normally would do at a bar restaurant.
MR. LALLY: And is the band playing while this is going on?
MR. ALBERT: Yes. I believe they took a break here and there, but they were there for the — — night.
MR. LALLY: Now, Mr. Albert, how would you describe sort of the general mood or demeanor of the group while you were at the waterfall?
MR. ALBERT: In one word, it would be fun. Everybody was in a great mood, people were getting along, it was friends and family, and it just seemed like a great night.
MR. LALLY: And do you recall about what time things started to wind down for the evening?
MR. ALBERT: I believe the band stopped playing probably close to 12, and things started winding down a little before 12.
MR. LALLY: And if you know, from the group that you just described at the high-top table that you were a part of — — what was sort of the order in which people left the establishment, starting with the first?
MR. ALBERT: So I believe the first to leave was myself, my wife Nicole, my daughter Caitlyn, and Brian Higgins left at that time as well.
MR. LALLY: And had anybody left from your group prior? I'm sorry — so the bar starts to wind down around 12, correct?
MR. ALBERT: Yes.
MR. LALLY: Prior to the bar winding down, had anybody from your group left before that?
MR. ALBERT: I don't remember or notice that. I'm not sure.
MR. LALLY: And so the first to sort of leave from your group when the bar's winding down is yourself, Mr. Higgins, your wife, and your daughter?
MR. ALBERT: Yes.
MR. LALLY: And when you exit the establishment, where — — do you go?
MR. ALBERT: Into the parking lot, to my vehicle.
MR. LALLY: Let me take it back just for a moment, back into the waterfall. During the course of the evening, what if any conversation was had by you or amongst the group that you observed, as far as where to go next or what you were doing following the waterfall?
MR. ALBERT: Okay, so there was some conversation relative to people going to my brother's sub shop, which is across the street, and he was maybe going to make some pizzas for people if they were hungry. So that was discussed.
MR. LALLY: And did that end up happening?
MR. ALBERT: No. Some people didn't want to go over there, and for whatever reason it just — — didn't happen.
MR. LALLY: And beyond that, was there anything else that was discussed as far as where to go after the waterfall?
MR. ALBERT: Yes. It ended up being my son Brian's 23rd birthday, so at 12:00 he would be 23. There was some discussion about if anybody wanted to go by the house to kind of say happy birthday to him, and I know my wife Nicole mentioned it to Jen and Matt, and it was said, I believe, in the group where we were standing.
MR. LALLY: And so was that sort of an open invitation that was extended to pretty much anybody that was around the high-top tables?
MR. ALBERT: Yeah, sure. Anybody that was there was welcome to come by if they — wanted to.
MR. LALLY: And as far as you knew — as far as awareness of who was coming over to your house at 34 Fairview Road, uh, who from the group were you aware of coming over?
MR. ALBERT: I don't really remember the responses. I — I don't think I knew for sure if anybody was going to come, except — um, Brian Higgins said he would come by.
MR. LALLY: And he had left around the same time as you?
MR. ALBERT: Yes.
MR. LALLY: And had Brian Higgins been to your house before?
MR. ALBERT: I believe he was at my house for a, um, high school graduation party.
MR. LALLY: And high school graduation — probably in spring — is that correct?
MR. ALBERT: It would have been the summer prior to that time. So my twins were graduating high school and we had something at the house. And it was spring/summer of the year prior. And around that time —
MR. LALLY: So that would have been 2021 — is that correct?
MR. ALBERT: Yes.
MR. LALLY: So around that time, uh, there was still sort of vestiges — or whatever — of the COVID pandemic — is that correct?
PARENTHETICAL: [video plays]
MR. LALLY: Thank you. Mr. Albert, would you recognize what that is?
MR. ALBERT: Yes, actually — that was just getting — kind of getting over, I think.
MR. LALLY: And so where was this graduation party at your house — was that inside your house or outside your house, or something?
MR. ALBERT: It was actually — it was more of a cookout-type thing.
MR. LALLY: And so, as far as you can recall, prior to January 28th, 2022, had Mr. Higgins been physically sort of inside your house [unintelligible] anything beyond using the — bathroom, besides that graduation party?
MR. ALBERT: He — I don't believe he had ever been at my house. I'm sure he walked into the house, you know, to use the bathroom or something that day, but I didn't really notice, you know, whether he went in there or not.
MR. LALLY: And, uh — Your Honor, if I — with the Court's permission — there's just a couple of very short clips that I'd like to publish with this witness in reference to what's been marked as [exhibit] from the waterfall.
JUDGE CANNONE: Okay.
MR. LALLY: And, Miss Gilman, with reference to, uh, channel three — if I can have the fourth video down. [unintelligible] If I could ask you to, uh, fast-forward to, uh, 18 minutes and 50 seconds. Now, Mr. Albert, directing your attention up to the screen, uh, to your right here — do you recognize what's up on the screen?
MR. ALBERT: Yes.
MR. LALLY: What do you recognize?
MR. ALBERT: Uh, the waterfall.
MR. LALLY: And this is, uh, reflected according to the timestamp about 11:57 p.m. on the 28th — is that correct?
MR. ALBERT: Yes.
MR. LALLY: And what's up there — is that, to the best of your recollection, a fair and accurate portrayal of what the inside of the waterfall looked like, absent sort of the quality —?
MR. ALBERT: Yes.
MR. LALLY: And, uh, sir, I believe there should be a laser pointer on the desk before you. You just press that button and point at the screen. What I'm going to ask you to do is, uh, if you could draw the jury's attention to, uh, who, if anyone, within this sort of still frame of the video that you recognize, if any.
MR. ALBERT: With the time band across the top there, I can't really — I can see some people around the table that we were standing, um, which would be, you know, this table area here, um. Tough for me to say from here who everybody is. I believe — I believe that's Brian Higgins there, but I'm not 100%.
MR. LALLY: Miss Gilman, if you could, uh, play this — uh, and what I'm going to ask you ultimately is to play it up to the 19-minute-and-58- second mark. If you could pause it there. Now, Mr. Albert, from what you observe up there — as far as the door that you came in and came out of, uh, on that evening — do you see generally where that door is?
MR. ALBERT: Yes.
MR. LALLY: And if you could direct the jury's attention to where on the video screen it is.
MR. ALBERT: The door's this way.
MR. LALLY: And from just prior to — in this video, when I stopped at the 11:57 and 52-second mark — um, you see a group sort of making their way towards that front door — is that correct?
MR. ALBERT: Yes.
MR. LALLY: And from this vantage point, are you able to recognize any of the people in that group that made their way towards the door?
MR. ALBERT: Yes. I believe I saw, uh, my wife, my daughter here maybe, and then I — think I'm over here. But again, it's a little grainy and I can't — I can't really see great from here. And I see — I saw Brian Higgins, but I don't know where — if he's in here somewhere.
MR. LALLY: Thank you. Miss Gilman, if you could just press play again for about 30 — some — thank you. Miss Gilman, could you take that down. And then, Miss Gilman, if I could ask for, um, one other video from channel one — the second one down — if I could ask you to, uh, fast-forward that to about 5 minutes and 10 seconds, and ultimately I'm going to ask you to play it from 5 minutes and 10 seconds to 5 minutes and 50 seconds. If you could press play now.
MR. ALBERT: Yeah, it looks like the exit of the waterfall, and we're kind of walking out — the same group that was just walking through the front door, now walking out the front door and into the parking lot. Yes. And I believe there was somebody else there — I don't know if it was somebody from the band or — looks like a different person out front there.
MR. LALLY: Thank you, sir. [unintelligible] You can, uh, take that. Now, Mr. Albert, when you get to the parking lot, you get in the vehicle and you drive to your house — is that right?
MR. ALBERT: Yes.
MR. LALLY: Okay, and specifically, you're the one driving — is that correct?
MR. ALBERT: Yes.
MR. LALLY: And who is in your car with you on the drive back?
MR. ALBERT: My wife Nicole and my daughter Caitlin.
MR. LALLY: And about how far of a drive is it from the waterfall to your house?
MR. ALBERT: I would say five minutes.
MR. LALLY: And, uh, the weather — as far as when you walk out, get in the car, and then start driving — what, if anything, had changed about the weather from the time you came into the waterfall to the time you came out?
MR. ALBERT: Yes. So, when — it had started snowing a little bit more heavily. Um, you can kind of see that on that second video. So, um, the ground was beginning to be, you know, coated — it looked like. So, coating on the ground.
MR. LALLY: But could you, as you were driving, could you still see the blacktop of the roadway?
MR. ALBERT: I believe so, yes.
MR. LALLY: Now you get to your house, and, uh, what, if anything, happens sort of as you're coming into your driveway?
MR. ALBERT: It looks like — it had looked like Brian had gotten there first — Brian Higgins — and he was backing out, um, so I could pull my car in.
MR. LALLY: And as far as the vehicle that, uh, that Mr. Higgins was driving on that evening from the waterfall — was that the same vehicle that he had driven with you back from New York?
MR. ALBERT: No.
MR. LALLY: And, uh, which — what kind of vehicle was the one that he was driving back in New York, and what kind of vehicle was the one he was driving —
MR. ALBERT: So the one back from New York, he was driving a full-size, uh, pickup truck. I'm not sure what make or model, but it had a cab on the back, and I believe it's gray. And then that night, at — later in the night at the waterfall, he had, um, a Jeep — uh, a Jeep Wrangler-type vehicle that I believe is white, but I'm not 100%.
MR. LALLY: So he had arrived at the house before you — is that correct?
MR. ALBERT: Yes.
MR. LALLY: When you said it looked like he had done something to the driveway —
MR. ALBERT: Um, he may have skimmed — yeah, he had a plow on his truck, and I think he may have, uh, skimmed — plowed the driveway, and then pulled out, and then we pulled in.
MR. LALLY: And, uh, as far as, uh, vehicles at your house, um — around this time in January '22, between yourself, your wife, kids — how many vehicles did you have?
MR. ALBERT: I believe, uh, three.
MR. LALLY: And what type of vehicles, and who was sort of the primary driver with regard to those?
MR. ALBERT: So I had — um, we had — we had a [unintelligible] — um, like a Cadillac SUV; it's a smaller SUV that, um, my wife Nicole drives. And, uh, the Ford Edge that I already spoke of. And I believe we had one more vehicle that one of my kids drove at that time, and I'm just trying to remember, um — it might have been an Escape, maybe a Ford Escape, um. So all — someone could have had that at college — someone could have had that at school — so I don't remember if it was there that night or — not. All the — all the vehicles were essentially, like, SUV-type vehicles.
MR. LALLY: Yes?
MR. ALBERT: We didn't own any sedans or any cars.
MR. LALLY: Now, as far as when you pull into the driveway, um — the house at 34 Fairview Road has a two-car garage?
MR. ALBERT: Yes.
MR. LALLY: Is the garage something that you, or — excuse me — you or other members of your family would utilize as far as parking vehicles?
MR. ALBERT: No. So, unfortunately, um, we didn't use the garage a lot because we kind of used it for storage, and we had a lot of stuff out there, so, um, we very seldom used it.
MR. LALLY: And, uh, if you recall, um, as you're pulling into the driveway, did you pull in to the left side, the right side —
MR. ALBERT: Or — I believe I pulled in on the left side of the driveway.
MR. LALLY: And you mentioned that Mr. Higgins had sort of scooped with the plow, like, in the driveway, and then parked on the street. Do you recall where, in relation to your house or your driveway, he parked?
MR. ALBERT: No. I — I don't remember where Brian Higgins parked. I remember him pulling out so I could pull in, and then I — I didn't really see where he parked.
MR. LALLY: And, uh, you then go into your house — is that correct?
MR. ALBERT: Yes.
MR. LALLY: And are all of you — and by all of you, I mean yourself, your wife, your daughter, and Mr. Higgins — all sort of coming in around the same time?
MR. ALBERT: Basically, yes.
MR. LALLY: When you come into your house, you recall how many doors, uh, in the front of the house are there?
MR. ALBERT: So we have two front doors, um, and one would be sort of by some steps —
MR. LALLY: Is that correct?
MR. ALBERT: There's actually steps on both doors, but, you know, one of them is — I guess — considered the front door, with a large set of steps.
MR. LALLY: And they would be sort of brick steps — is that right?
MR. ALBERT: Yes.
MR. LALLY: That leads into a foyer area of the house?
MR. ALBERT: Yes.
MR. LALLY: And the other door — where does that lead?
MR. ALBERT: So the other door opens up right into the — we, you know, we call it the family room — but right into the family room/den area.
MR. LALLY: And did you recall specifically which door you utilized on that evening to go into the house?
MR. ALBERT: I — I believe I went in the door on the right, which goes into the den. Not really sure which door other people used.
MR. LALLY: And when you came into the house, who, if anyone, was present beyond the people that you came in with?
MR. ALBERT: My son Brian was home. He had two friends, I believe — Julie and Sarah.
MR. LALLY: And these were people that you had known as friends of your son from [unintelligible]?
MR. ALBERT: I didn't know — I didn't know Sarah. I had met Julie once or twice.
MR. LALLY: And as you were walking in, who if anyone else beyond your son and his two friends — and your nephew Colin — that'd be Colin Albert, is that correct?
MR. ALBERT: Yes. Chris and Julie's son Colin.
MR. LALLY: About how old was Colin?
MR. ALBERT: I believe he was just about 18 — 17, 18. He's in high school.
MR. LALLY: So he was still in high school at the time?
MR. ALBERT: Yes.
MR. LALLY: And when you walked in, where was Colin in relation to your son and the two girls?
MR. ALBERT: He was just kind of standing in the kitchen. Brian and the two girls were at the kitchen table and Colin was just kind of standing there.
MR. LALLY: And from the time that you arrived home, how long was Colin at your house?
MR. ALBERT: No more than five minutes.
MR. LALLY: And where did he go?
MR. ALBERT: He left. He said he was getting picked up. And a few minutes later he left your house? Yes. I went and used the bathroom. I came out and he was gone.
MR. LALLY: Now, at some point subsequent to that, who if anyone else arrived or showed up at your house after Colin left?
MR. ALBERT: Nobody else arrived at the house.
MR. LALLY: Your sister-in-law Jennifer McCabe —
MR. ALBERT: Mm.
MR. LALLY: — at some point, did they come back?
MR. ALBERT: Yes. I thought you were referring to after everybody — after they showed up.
MR. LALLY: My question is: do you know whether or not, when Jennifer McCabe and Matthew McCabe arrived at your house, was Colin still there?
MR. ALBERT: I don't know if he was still there or not. I believe he left before they came, but I'm not 100%.
MR. LALLY: So you come home and you go to use the restroom, is that correct?
MR. ALBERT: Yes.
MR. LALLY: And when you go to use the restroom, Colin's there, correct?
MR. ALBERT: Yes.
MR. LALLY: And the McCabes are not?
MR. ALBERT: They are not.
MR. LALLY: When you come back from the restroom, Colin's not there?
MR. ALBERT: Yes, Colin was gone.
MR. LALLY: And the McCabes are there?
MR. ALBERT: No, I don't believe they had arrived yet.
MR. LALLY: Okay. So they arrived sometime after Colin had left?
MR. ALBERT: Yes.
MR. LALLY: And over the course of that evening — of the 28th into the early morning of the 29th — did anybody else come into your house at any point?
MR. ALBERT: No.
MR. LALLY: Now, in addition to yourself, your wife, and your son, did you have any pets at that time?
MR. ALBERT: Yes, we did.
MR. LALLY: And what kind of pet did you have?
MR. ALBERT: We had a dog.
MR. LALLY: And what kind of dog was that?
MR. ALBERT: It was a German shepherd mix.
MR. LALLY: And what was the name of the dog?
MR. ALBERT: Chloe.
MR. LALLY: And how long had you and your family had the dog?
MR. ALBERT: We had Chloe for approximately — at that time, maybe six or seven years.
MR. LALLY: Do you recall how you got the dog or where you got the dog from?
MR. ALBERT: The dog was from a shelter in Dallas, Texas, actually.
MR. LALLY: So essentially a rescue dog, is that correct?
MR. ALBERT: Yes, rescue dog.
MR. LALLY: And when you got home, after you went to the bathroom, what if anything did you do with reference to the dog Chloe?
MR. ALBERT: At some point I went upstairs to grab the dog and let her out back to use the bathroom.
MR. LALLY: And so when you would take the dog out — or when anybody would take the dog out to use the bathroom — how would that be accomplished? What I'm asking is, would the dog be on a leash, or would she be let out in the yard?
MR. ALBERT: The backyard's fenced in, so I would open up the back door and she can go out, use the bathroom, and come back inside.
MR. LALLY: So the entirety of your backyard — that's a fenced-in backyard, is that correct?
MR. ALBERT: Yes.
MR. LALLY: And beyond that fence, as far as the abutting — what sort of abuts the back of your property?
MR. ALBERT: Behind the back fence there's a railroad track. I believe it's a commuter rail that's behind the fence.
MR. LALLY: And is there any sort of opening or way to open the back of that fence to get into sort of any wooded area between your house and the track?
MR. ALBERT: Yes, there's a gate back there.
MR. LALLY: And the gate — as far as when you let the dog out in the back that night, did you stay with the dog while the dog was outside?
MR. ALBERT: I stayed at the doorway, and the dog went to the bathroom and then ran right back in.
MR. LALLY: So about how long was the dog outside?
MR. ALBERT: She was out back for maybe 2 or 3 minutes. She went outside, went to the bathroom, came back in.
MR. LALLY: Yes. And when the dog came back inside the house, where did the dog go?
MR. ALBERT: The dog kind of walked around in the kitchen for a few minutes, and then I took her upstairs.
MR. LALLY: When you took her upstairs, where upstairs did you take her?
MR. ALBERT: The dog liked to sleep in our room — my wife's and my room — so a lot of times she would go up there on her own, sometimes I would walk her up. And I walked her up to our bedroom.
MR. LALLY: And at any point in time for the remainder of that evening or the early morning, did the dog go outside at all?
MR. ALBERT: No.
MR. LALLY: And you mentioned that there are train tracks that run sort of close to your property, is that correct?
MR. ALBERT: Yes.
MR. LALLY: And is that just the commuter rail, or do other trains go by as well?
MR. ALBERT: I believe, in addition to the commuter rail, there are other trains that use that track, yes.
MR. LALLY: And how often, sort of on a daily basis, do trains go by your house on Fairview?
MR. ALBERT: It depends, schedule-wise, if it's the middle of the week or if it's the weekend, but on any given day they can go by five or six times — more towards the rush hour times, morning and night, and then sometimes during the day. So really all day and night.
MR. LALLY: And when the trains go by, about how loud is that from your house?
MR. ALBERT: They're loud, although having lived there for a period of time, I feel like at least I'm kind of immune to the sound. I don't really hear it as much anymore.
MR. LALLY: So essentially, based on how long you've lived there, you really don't even hear it anymore?
MR. ALBERT: Not really, no.
MR. LALLY: Now, you let the dog out, brought the dog back upstairs — and then where did you go?
MR. ALBERT: After I brought the dog up, I just came back down and hung out with everybody else.
MR. LALLY: And where within your house was everybody else situated?
MR. ALBERT: Everybody was in the kitchen, and then we have a connecting dining room — but it's open, it's only a difference of about 5 feet — and then we have the family room den that's adjacent to the kitchen. They're all in close proximity.
MR. LALLY: So the kitchen and the dining room are sort of the same room, is that correct?
MR. ALBERT: Yes.
MR. LALLY: And as far as what, if anything, is between the kitchen and dining room and the living room that you were talking about?
MR. ALBERT: There's a wall, but there's a doorway. So there's really no barrier to go from the kitchen dining room into the family room.
MR. LALLY: So somebody standing in the family room and somebody standing in the kitchen dining area, they can sort of see each other?
MR. ALBERT: Yes.
MR. LALLY: Now, in the kitchen dining room area, do you recall sort of where people were and what they were doing around that time?
MR. ALBERT: Yeah, I think people were just sitting around, having drinks, someone had a speaker and they were listening to music, and just talking and hanging out.
MR. LALLY: And as far as the overall mood or demeanor of the group back at the house, how would you describe that?
MR. ALBERT: Pleasant, fun. Everybody was having a good time. We were wishing Brian a happy birthday and everything was going great.
MR. LALLY: And at any point in time while this was all going on — other than your situation with the dog — was there any point in time where you were not with the group in the kitchen dining area?
MR. ALBERT: No, I was there basically for the whole night, except I think at one point I may have shown Brian Higgins some photos that were in my son's room upstairs.
MR. LALLY: And what kind of photos are we talking?
MR. ALBERT: One of my sons — Jack, who's one of the twins — was in the Marines, or is in the Marines, and we had put some plaques and some stuff in his room upstairs. Brian Higgins was pro-military, as am I, and I thought he would want to see the photos.
MR. LALLY: And that period of time that you were outside of the kitchen dining room area, looking at the photos with Mr. Higgins — about how long a period of time are we talking?
MR. ALBERT: Very, very quickly. Two minutes, maybe three minutes.
MR. LALLY: Now, at some point over the course of that morning, things started to sort of wind down at your home, is that fair to say?
MR. ALBERT: Yes.
MR. LALLY: And about what time was that — that things started to wind down, people started to —
MR. ALBERT: I think Brian left at around 1:30. I believe he was the first to leave, and then others left after that.
MR. LALLY: When you say others left after that — after Mr. Higgins left your house, where did you go?
MR. ALBERT: After Brian left, I had gone upstairs and hung out and watched TV in my bedroom.
MR. LALLY: You had a long day that day, is that fair?
MR. ALBERT: Yes. I had the funeral in New York that morning, we had the long drive back, we had been out, and now we're hanging out at my house. It had been a long day, yes.
MR. LALLY: And so at any point in time, after you went upstairs after Mr. Higgins left, did you come back downstairs at all?
MR. ALBERT: Yes. I think I popped back down at one point, just to see how long people were going to be there, and then went back — ...up.
MR. LALLY: When you popped back down, how many people were still there?
MR. ALBERT: I think Jen and Matt were still there, and the two — Brian's two friends were still there, and my daughter Caitlin.
MR. LALLY: Now, as far as — beyond Mr. Higgins when he left — was there any other occasion that you can recall where somebody from your house went outside and then came back?
MR. ALBERT: Yes.
MR. LALLY: Who was that?
MR. ALBERT: So while we were hanging out, I believe Julie — the girl — Julie Nagel's brother came to the house. I never saw him, but I could hear them saying that he was out front, and I think Julie Nagel had walked outside to talk to him, and at some point after she walked outside she came back inside.
MR. LALLY: Is that correct?
MR. ALBERT: Yes.
MR. LALLY: And about how long a period of time, if you know, was she outside?
MR. ALBERT: I didn't really — I didn't really pay attention to how long it was. I don't think it was that long.
MR. LALLY: And as far as the outside of your house — after you had let Chloe out back — what, if any, observations did you make outside of your house? Did you look out? Did you see anything outside of the house?
MR. ALBERT: Just that we have windows in the back of the kitchen area. You could just see that it was snowing.
MR. LALLY: Is that sort of like a bay window in the kitchen?
MR. ALBERT: Yes, it's a large bay window in the kitchen.
MR. LALLY: When you look out the bay window in the kitchen, what part of your property does that face?
MR. ALBERT: So it's the backyard. You can see the backyard. The bulkhead is right under that bay window, and you pretty much have a view of the whole backyard if it's in the daytime, but it was obviously a little dark.
MR. LALLY: Can you see the front of the house — any part of the front of the house — when you're looking out the bay window?
MR. ALBERT: No.
MR. LALLY: So at any point in time over the course of the evening, did you look out front to see anything out in front of your house?
MR. ALBERT: No.
MR. LALLY: Now at any point in time over the course of the evening, did you hear anything from the front of the house, back of the house, anywhere around the house that drew your attention outside?
MR. ALBERT: No.
MR. LALLY: Now at any point in time during the evening, did you know or did you become aware of either John O'Keefe or the defendant Karen Read coming over to your house?
MR. ALBERT: No.
MR. LALLY: And at no point in time over the course of that evening or the early morning — did John O'Keefe or Karen Read physically come into your house?
MR. ALBERT: John O'Keefe and Karen Read never — never entered my house.
MR. LALLY: And so you go up to bed, the group is still sort of downstairs. Is that correct?
MR. ALBERT: Yes.
MR. LALLY: And at some point your wife Nicole — you share a bedroom with — did she come upstairs?
MR. ALBERT: Yes.
MR. LALLY: And do you know about what time that was?
MR. ALBERT: It was probably 2-ish, not exactly sure, but around 2 or 2:00.
MR. LALLY: And the doors to your house — as far as the front doors and the back doors — what is sort of the situation with regard to locking the doors before everybody goes to bed?
JUDGE CANNONE: Can you rephrase that?
MR. LALLY: When you lived at 34 Fairview Road, there were a number of doors to the house, including two doors in the front. Correct?
MR. ALBERT: Yes.
MR. LALLY: Okay. And would it be unusual for the front doors of your house to remain unlocked overnight?
MR. ALBERT: No.
MR. LALLY: Is that something that happened on occasion where people were supposed to lock the doors but didn't lock the doors?
MR. ALBERT: Yes. From time to time the doors — people would just forget to lock them, or we just didn't lock them.
MR. LALLY: And so your wife comes up to your bedroom about 2 a.m. or so. As far as you knew, had everybody else left the house at that point?
MR. ALBERT: Yes.
MR. LALLY: And you're up for a period of time with your wife, is that correct?
MR. ALBERT: Yes.
MR. LALLY: And over the course of that time — so sort of following 2 o'clock in the morning — do you recall any sort of phone call or phone conversation with Mr. Higgins or anybody else?
MR. ALBERT: No.
MR. LALLY: And at some point you fall asleep. Do you recall about when that was?
MR. ALBERT: I don't, but it was obviously after two, because that's when she came upstairs. Watched TV and kind of hung out together for a while, and then went to sleep.
MR. LALLY: And the dog Chloe — was she up in the room where you had brought her up before?
MR. ALBERT: Yes.
MR. LALLY: She was there overnight, is that correct?
MR. ALBERT: Yes.
MR. LALLY: Now, turning your attention to later on that morning — or, you know, beginning of that morning, daytime morning — of January 29th. Obviously at some point you wake up. Correct?
MR. ALBERT: Yes.
MR. LALLY: And what is it that wakes you up on that morning?
MR. ALBERT: I was awoken that morning — my sister-in-law Jen had burst into my room.
MR. LALLY: And do you know about what time that was?
MR. ALBERT: It was early in the morning, between 6 and 6:30, I would say.
MR. LALLY: And fair to say that's not a normal occurrence?
MR. ALBERT: No.
MR. LALLY: And when she bursts into your room, can you describe her demeanor — how she appeared when she first came in?
MR. ALBERT: She was very upset, almost hysterical.
MR. LALLY: And what, if anything, did she say when she came in?
MR. ALBERT: She said, um, something to the effect, "John is dead."
MR. JACKSON: Objection. Foundation.
JUDGE CANNONE: Sustained. Next question, please.
MR. LALLY: Did you know who she was referring to when she initially came into your room?
MR. ALBERT: I initially did not.
MR. LALLY: And at some point during the course of that conversation, does Mrs. McCabe make reference to going downstairs?
MR. ALBERT: Yes.
MR. LALLY: And prior to that — not the content of the conversation, but as far as the length of the conversation — about how long was the length of the conversation that occurred in your bedroom between yourself, Mrs. McCabe, and your wife?
MR. ALBERT: Probably a minute.
MR. LALLY: And the demeanor that you described — as far as Mrs. McCabe was concerned — is "almost hysterical." Was that continuous throughout that initial conversation?
MR. ALBERT: Yes, she was very upset.
MR. LALLY: And did she indicate who was downstairs, or why you should go downstairs?
MR. ALBERT: She said that the police—
MR. JACKSON: Objection. Foundation.
JUDGE CANNONE: I'm going to allow that.
MR. LALLY: What did she say?
MR. ALBERT: That the police were downstairs.
MR. LALLY: And so you went downstairs to talk to them?
MR. ALBERT: Yes.
MR. LALLY: And when you go downstairs, what do you see when you get to the bottom of the stairs?
MR. ALBERT: I saw a Canton police officer downstairs.
MR. LALLY: So inside your house at that point?
MR. ALBERT: Yes.
MR. LALLY: And the door to your house — was it still open or shut, or something?
MR. ALBERT: I don't remember.
MR. LALLY: And the Canton police officer inside your home — did you recognize him?
MR. ALBERT: Yes.
MR. LALLY: And who did you recognize him — last name?
MR. ALBERT: Lank.
MR. LALLY: So Officer Lank — was he someone that you were familiar with?
MR. ALBERT: I knew who he was, yes.
MR. LALLY: Did you socialize — were you friends or anything like that?
MR. ALBERT: I didn't socialize with him. I knew him to be a Canton police officer. I had met him, you know, multiple times, and I knew him — to know my brother Chris.
MR. LALLY: So — what I'm asking — knew him in a professional capacity, personal capacity, or a little bit of both?
MR. ALBERT: I would say more of a professional capacity. I knew of him, but did not hang out with him socially.
MR. LALLY: And initially when you first see Officer Lank — was he by himself, or who, if any other officers, were with him?
MR. ALBERT: I believe initially he was by himself.
MR. LALLY: And another officer joined yourself and Officer Lank at some point?
MR. ALBERT: Yes, I believe another officer came into the house.
MR. LALLY: Do you know who that officer was?
MR. ALBERT: I don't, I don't.
MR. LALLY: And as far as them coming into your house — they were welcome in your house, you didn't say "get out" or "close the door" or anything like that?
MR. ALBERT: No, of course they were welcome in my house.
MR. LALLY: And where did you speak with the officer in your house?
MR. ALBERT: I'm presuming — yes — we spoke in the kitchen area.
MR. LALLY: And when you're speaking with the officer in the kitchen area, who was there?
MR. ALBERT: So my wife Nicole, her sister Jen, and I believe Jen's husband Matt arrived almost at the same time that I came downstairs — maybe a minute after.
MR. LALLY: And how long a period of time was this conversation that occurred in the kitchen of your house?
MR. ALBERT: I don't remember the exact time. I wouldn't want to guess. I don't remember. Ten, 15, 20 minutes, maybe, initially.
MR. LALLY: And when you say "initially," was there a subsequent conversation that occurred after that?
MR. ALBERT: Yes. Officer Lank returned to the house sometime after that.
MR. LALLY: And when he returned sometime after that — was he alone, or was there another officer?
MR. ALBERT: I believe that time he was with the Lieutenant — Gallagher, perhaps.
MR. LALLY: And were you familiar with Lieutenant Gallagher prior to that morning?
MR. ALBERT: I knew who Lieutenant Gallagher was on a professional level. I had not hung out with him on a social level.
MR. LALLY: And again, they were welcomed into your home and you spoke with them. Is that correct?
MR. ALBERT: Yes. The second time they were there, they were invited back to the house via a phone call.
MR. LALLY: And that second conversation within your house — where did that occur?
MR. ALBERT: Same area, family room, kitchen area.
MR. LALLY: And if you know, about how long a period of conversation was that second visit?
MR. ALBERT: That may have been longer, maybe a half hour.
MR. LALLY: Now, going back to that initial conversation — as far as — so it's yourself, it's Mr. and Mrs. McCabe, your wife, and then the police. Is that correct?
MR. ALBERT: Myself, my wife Nicole, my sister-in-law Jen, her husband Matt had arrived, and the police.
MR. LALLY: Yes. And in between that first speaking with the police and the second time that the police came back to your house — did you call or notify anyone in regard to the situation that was going on?
MR. ALBERT: I called Brian Higgins.
MR. LALLY: Why did you call Brian?
MR. ALBERT: Because I think it was important for him to know what was going on — what had happened.
MR. LALLY: And as far as you knew, with reference to Mr. O'Keefe and Ms. Read — what, if any, relationship or friendship — anything — were you aware of between Mr. Higgins and either Mr. O'Keefe or Ms. Read?
MR. ALBERT: I was not aware of too much about a relationship between Brian and either person. Brian had mentioned maybe even— that night that he was friendly and knew John. I knew of no relationship between Brian and the defendant.
MR. LALLY: And following your conversation with Mr. Higgins, did anyone else come over to your house?
MR. ALBERT: Brian Higgins eventually came over to my house, and my sister-in-law Julie also arrived at my house.
MR. LALLY: And do you know why your sister-in-law Julie came by your house?
MR. ALBERT: Yes.
MR. LALLY: And why was that?
MR. ALBERT: She has a routine that when it's someone's birthday, she likes to come by and bring like coffee and donuts. So it was Brian's birthday that day, so my sister-in-law Julie was coming by to drop off some donuts and coffee, I think.
MR. LALLY: And where was Julie when you first saw her that morning?
MR. ALBERT: She was out front in the driveway.
MR. LALLY: And what if anything did you do when you saw her out there?
MR. ALBERT: I asked her to come inside.
MR. LALLY: And when she came inside, is that when you informed her of what had happened?
MR. ALBERT: Yes. I don't know if it was necessarily me that informed her, but people that were there were explaining to her what happened. It was a very, very chaotic — unbelievably chaotic morning.
MR. LALLY: And as far as when that was described to your sister-in-law Julie, how would you describe her demeanor or her reaction to the news regarding Mr. O'Keefe?
MR. ALBERT: Shock. That's how I would describe everybody's reaction that morning — utter shock. And she was upset and looked very, very in shock.
MR. LALLY: And so the second time that the Canton police officers come back to your home, who was there at that point?
MR. ALBERT: I know I was there for sure. My wife Nicole, Jen, her husband Matt. Brian Higgins may have been there at that time. And I'm not sure about Julie — Julie at one point left the house and I think she came back later in the morning, but I'm not sure if she was there.
MR. LALLY: And at some point when your sister-in-law Julie came back to your house, who if anyone came to your house with her?
MR. ALBERT: Her husband — my brother Chris. Who's her husband.
MR. ALBERT: I believe they came back after the second time, but I'm not — I'm not 100% sure. The first time that Julie came with the coffee, the police were not there.
MR. LALLY: Now, when you first sort of got up and came downstairs, the police are — they're basically in your doorway, is that correct?
MR. ALBERT: Yes.
MR. LALLY: Could you see outside as far as what was going on outside at that time?
MR. ALBERT: Not from downstairs. But I had looked out the window after Jen had come up into my room and explained what had happened, and before I went downstairs.
MR. LALLY: When you looked out your window from your bedroom, what did you see?
MR. ALBERT: I could see at least one police vehicle. I could see that there was something going on out front, and that was about it. And I just went straight downstairs.
MR. LALLY: At that time that you looked out your window, did you see either an ambulance or a fire truck out there?
MR. ALBERT: I don't remember if I saw an ambulance. There were emergency vehicles out there, but I can't remember exactly which types.
MR. LALLY: And at any point in time — at that time or subsequent, throughout the course of the day — did you go out to that area of your yard where you saw the cruisers and the sort of lights?
MR. ALBERT: No.
MR. LALLY: And why?
MR. ALBERT: I didn't see that there was a reason to go out to that area. The police had already been in my house, they had already talked to us about what was going on. It was a snowstorm at that point. They were trying to conduct an investigation and I didn't want to interfere with it or have anything to do with it.
MR. LALLY: Now, as far as what you're learning — when Jennifer McCabe first comes bursting into your bedroom at 6:00 to 6:30 in the morning — at any point around there, were you made aware of where John O'Keefe was at that point?
MR. ALBERT: Yes.
MR. LALLY: And what were you made aware?
MR. ALBERT: I was made aware that he was taken to the hospital.
MR. LALLY: So by the time that you're awoken by Mrs. McCabe, John O'Keefe is — to your knowledge — not outside?
MR. ALBERT: To my knowledge, I believed he was on the way to the hospital.
MR. LALLY: Now, later on in the course of that day, at some point did you have occasion to speak with some troopers from the state police?
MR. ALBERT: Yes.
MR. LALLY: And if you recall, who is it that you spoke with?
MR. ALBERT: So I spoke with Trooper, last name Proctor, and then another trooper — I don't know the last name, the first name Yuri.
MR. LALLY: Would it be Sergeant Bukhenik?
MR. ALBERT: It could be.
MR. LALLY: And had you met either of those troopers prior to that date?
PARENTHETICAL: [Pause]
MR. LALLY: Sure, sir — what I just presented you, what's been previously marked as exhibits 58 through 65 — generally speaking, do you recognize what's depicted in those photographs?
MR. ALBERT: I had never met Trooper Proctor. I had met Trooper — I forget, what is the last name?
MR. LALLY: You met Yuri?
MR. ALBERT: I had met him. I met him once or twice before.
MR. LALLY: Was that in a professional capacity?
MR. ALBERT: Yes.
MR. LALLY: And where did you speak with him on that day?
MR. ALBERT: At my sister-in-law Jen's house.
MR. LALLY: And if you recall, about what time of day was it that you spoke?
MR. ALBERT: It was late morning, early afternoon, the day of the incident. I don't know the exact time — before noon, I think.
PARENTHETICAL: [Pause]
MR. ALBERT: So yes, this looks like exhibit 58 that you handed me.
MR. LALLY: And why was it that later on that day you were over at your sister-in-law Jennifer's —
MR. ALBERT: Well, my sister-in-law Jen and her husband Matt were leaving my house. My sister-in-law was distraught. I wanted to be comforting to them and be there for them if they needed anything, and I drove to their house.
MR. LALLY: And speaking of your sister-in-law Jennifer — this is someone you've known since she was how old?
MR. ALBERT: Six. Six years old. She's like a little sister to me.
MR. LALLY: And at the point that you're going over to the house, did you know that there were going to be troopers from the state police over at the house?
MR. ALBERT: Yes.
MR. LALLY: And did they ask to talk to you, is that correct?
MR. ALBERT: Yes.
MR. LALLY: And do you know who if anyone else they spoke to at your sister-in-law's house that day?
MR. ALBERT: I believe they spoke with Jen — my sister-in-law Jen — and then her husband Matt, and then myself.
MR. LALLY: And so was that done in a group setting or was it separate or something else?
MR. ALBERT: Separate.
MR. LALLY: And so they spoke to you in one area of the house while Jennifer and Matthew McCabe were in another area of the house, and vice versa?
MR. ALBERT: Yes. I spoke with them at the dining room table, and Jen and Matt were not present. I believe they may have been upstairs or somewhere else in the house.
MR. LALLY: And if you know, where were you when the troopers were talking to either Jennifer McCabe or Matthew?
MR. ALBERT: So I was upstairs when they were being spoken to.
MR. LALLY: One moment. May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I'm going to show you a series of eight photographs.
MR. ALBERT: Yes.
MR. LALLY: And what do you recognize?
MR. ALBERT: The photos appear to be the front yard in front of my old house at 34 Fairview Road.
MR. LALLY: And from those photographs, they appear to be a fair and accurate portrayal of what your house and your yard looked like around that time, is that correct?
MR. ALBERT: Yes. [unintelligible]
MR. LALLY: I would ask to publish those for the jury.
JUDGE CANNONE: You can put them up.
MR. LALLY: If you could start with exhibit 58. Mr. Albert, sir, there should be on the desk in front of you a laser pointer.
MR. ALBERT: I have that.
MR. LALLY: So what's up on the screen currently — do you recognize that? Is that what's depicted in exhibit 58?
MR. ALBERT: I've got them out of order here, just give me one second.
MR. LALLY: And this is a photograph of your house — if I'm standing on the street, to the left side of the property, correct?
MR. ALBERT: Yes.
MR. LALLY: And on this left side of your property, let me ask you this first: as far as between the roadway of Fairview Road and your front lawn, is there anything there as far as a sidewalk or anything like that?
MR. ALBERT: No, there's no sidewalk. So the grass area goes right to the curb, and then there's the street, and the curb that's in between the grass and the roadway.
MR. LALLY: Is that like a straight curb, a straight-edge curb, Granite curbing, or like rounded curbing? How would you describe that?
MR. ALBERT: I would just describe it as regular curbing. It's not Granite — the color is black, so it seems like tar curbing.
MR. LALLY: And in this area of the left side of your property, what if anything of note is in that area of the property?
MR. ALBERT: So in that area of the property, first of all, that's basically the property line from the neighbor's house — if you're staring at my house from the front, the neighbor to the left. That's the property line area. But there's a fire hydrant there. There is a flagpole with the American flag and the Marine Corps flag. And there is — we call it like an electrical box, but I'm not sure what the purpose of it is.
MR. LALLY: And for all the years that you've lived there, either as a child or as an adult, you really don't know what that electrical box does or what it is?
MR. ALBERT: Yes, I don't know if it's operable. Sometimes — ...the door is open if it's windy, the door of the box blows open, and sometimes it's closed, and, you know, we don't really have much to do with it.
MR. LALLY: And the general area — where, when you looked out the window in your bedroom on the morning of the 29th, as far as where you saw the police vehicles or the cruisers — do you see that in this photograph?
MR. ALBERT: Yes, that's the same general area.
MR. LALLY: The same general area you were describing, with the fire hydrant, flagpole, things like that?
MR. ALBERT: Yes.
MR. LALLY: Miss Gilman, if I could have the next exhibit — 59. And again, sir, what's up on the screen — is that what you have before you? What was it? 59?
MR. ALBERT: Yes.
MR. LALLY: And from this photograph, sir, this is again a picture of your residence around the time of January 29th — correct?
MR. ALBERT: Yes.
MR. LALLY: Fair to say this is taken after some of the snow has sort of melted from the storm before?
MR. ALBERT: Yes. It appears that there's less snow in the front there.
MR. LALLY: So less snow than what you saw when you looked out the window, or at some later point on the 29th?
MR. ALBERT: Yes.
MR. LALLY: And from this photograph, if you could just direct the jury's attention to the driveway and the garages — and sort of, where is that located?
MR. ALBERT: So my driveway is — or was — this area right here. And that's the garage doors.
MR. LALLY: And from within this photograph as well, you mentioned that there were sort of two doors to the front of your house — one that leads into a foyer area and the other leads into a living room of some kind. If you could direct the jury's attention to where each of those doors would be on the house?
MR. ALBERT: Sure. So the door right here — we consider it the front door, and that goes into a foyer area. And then — not from this photo, you can't really see it — but there's a door in this, I guess, breezeway area, and that opens up into the family room.
MR. LALLY: And one last thing from this photograph, sir — the window that you were looking out — can you see that window in this photograph as well? Draw the jury's attention.
MR. ALBERT: Yes. I believe it would be this one right here in the corner.
MR. LALLY: Thank you, sir. Miss Gilman, if I could have the next exhibit, number 60. You say 60? 60. And sir, what's up on the screen — do you recognize that as what you have before you as exhibit 60?
MR. ALBERT: Yes.
MR. LALLY: And from this photograph, as far as the roadway and the sort of width of the road from the curb to the double yellow line — is that generally what it was on January 29th? Is that what the roadway looked like the morning of the 29th?
MR. ALBERT: Well, the morning of the 29th it was snow — correct? Right, so the roadway I believe would have had some snow on it.
MR. LALLY: So what I'm asking is, when you came home that evening or early morning on the 29th, is that essentially what the roadway looked like, absent whatever the snow was covering?
MR. ALBERT: Yes.
MR. LALLY: The next photograph, Miss Gilman. And again, now looking at what is exhibit 61 — is that correct, sir?
MR. ALBERT: One second. Yes. This is essentially a closer-up image of the area — the fire hydrant and electrical box and the flagpole that you were talking about before.
MR. LALLY: Yes. And if I could have the next photograph. And again, what's up on the screen — this would be — and I'm sorry, I lost my train of thought — is this 62? It appears to be. Yes, 62. So you were mentioning earlier in your testimony that the area where you saw the police cruisers, when you looked out the window in the morning of the 29th, was near sort of where your property abuts the neighbor's property — correct?
MR. ALBERT: Yes.
MR. LALLY: And do you happen to know what number that next-door neighbor's house is, up or down from 34?
MR. ALBERT: I honestly don't know what number that is.
MR. LALLY: And you see sort of the property line in between your house and the next-door neighbor's house?
MR. ALBERT: Yes. I believe that row of trees is the property line.
MR. LALLY: So the row of evergreen trees there is sort of where it delineates between your property and the next-door neighbor?
MR. ALBERT: Yes. They appear to be in line from almost the street to the white fence.
MR. LALLY: And that white fence, sort of in the back right of that photograph — was that the fence that you were talking about before, in your backyard?
MR. ALBERT: Yes.
MR. LALLY: And the next photograph — Miss Gilman. Number 63. Again, this is just another photograph of sort of that area of your yard — is that correct?
MR. ALBERT: One second, sorry. Yes.
MR. LALLY: Now, with reference to this area of the yard at your house — when you were living there at 34 Fairview Road — is that an area of the yard that would be of particular use, or did you go in that area of the yard all that much?
MR. ALBERT: No, we didn't really use that area too often. There's a large wood chip bed — you can't see it because of the snow — but it kind of covers that area, so we don't really go over there that often.
MR. LALLY: And now, with reference to this area of the yard, was there any sort of overhead ambient lighting, street lights, anything like that in that area?
MR. ALBERT: No. So that's a very dark part of the yard. There's no street light there at all.
PARENTHETICAL: [sidebar]
MR. LALLY: And the next photograph. Miss Gilman. Mr. Albert, I believe this would be number 64 — is that correct?
MR. ALBERT: Yes.
MR. LALLY: And with reference to this, can you describe to the jury what we are looking at in this particular photograph, exhibit 64?
MR. ALBERT: So that's the front right door, I guess you could say, to the house. And again, you can't see the door, but it's inside that breezeway area. To the left — if you could just use the laser — so the door would be right in here.
MR. LALLY: And from the driveway, leading up to that front door area you were talking about — with the foyer — once you get in, what if anything is sort of leading you up to the steps, to the other door, to the other —?
MR. ALBERT: There's a brick walkway, a brick walkway leading up the brick steps into the foyer area of your house.
MR. LALLY: Yes. And the last in this set. Miss Gilman. Mr. Albert, this would be number 65. You recognize what's depicted in this photograph, sir?
MR. ALBERT: Yes. So that's the picture of the ground in front of the fire hydrant, which is to the left front of my yard.
MR. LALLY: You can take that down. Thank you very much. Now, Mr. Albert, with the days that sort of followed from January 29th — as far as your home was concerned — what if any sort of police presence did you observe or notice in that area, in the front yard of your home?
MR. ALBERT: So over the course of the next couple of days there were emergency vehicles and police personnel — that day and days following — in front of the house.
MR. LALLY: So later on in the afternoon of the 29th, and continuing on for days after — is that correct?
MR. ALBERT: Yes.
MR. LALLY: And what if anything did you observe as far as the weather was concerned between the day of the 29th and the days that the police presence was outside of your house?
MR. ALBERT: I believe it rained a few times during that time.
MR. LALLY: And as far as the snow that had been piled up on your front lawn — what if anything was occurring with the snow as the days went on following the 29th?
MR. ALBERT: I believe some of the snow was shoveled out — I believe during the crime scene — and then some of the snow was just dissipating due to the fact that it was melting and it had rained a bunch of days.
MR. LALLY: Now, sir, if I could turn your attention to your house — and obviously, at some point, you moved from the house on Fairview in Canton to [unintelligible] — correct?
MR. ALBERT: Yes.
MR. LALLY: And when was that sort of first discussed between you and your wife, as far as selling the house?
MR. ALBERT: That was discussed in October, November — it would have been 2021.
MR. LALLY: What was it that sort of precipitated that discussion, as far as selling around that time?
MR. ALBERT: It was post-COVID. The housing market seemed really good. And my brother Chris had sold his house — was in the process and ultimately sold his house around that time. He got a great deal on it. I had known some other people that had sold around that time, and it was a little early for us, because our children weren't all necessarily gone yet, but it was close, and we thought we could get a good deal for the house, so that's when we started exploring it.
MR. LALLY: And who, if anyone, did your brother Christopher put you in touch with?
MR. ALBERT: So he put me in touch with a realtor that ultimately sold his house.
MR. LALLY: And at some point you sold the house?
MR. ALBERT: I did.
MR. LALLY: And when was it?
MR. ALBERT: So we didn't end up selling until — April of 2023.
MR. LALLY: And as far as, prior to selling the house — did the sale of your house have anything to do with what occurred there on January 29th, 2022?
MR. ALBERT: Absolutely not.
MR. LALLY: Just one moment. Yes. I have nothing further for this witness.
MR. JACKSON: Your Honor, can I see counsel sidebar for just a second, please?
JUDGE CANNONE: All right, so rather than that cross examination of Mr. Albert, we're going to let you break for the day. And I did want to give you some scheduling updates, because there have been questions from you folks and requests. So originally — so next week will be a full week, with every day. Next week, again, Monday, Wednesday, Friday will be full days. I'd like us to pick up the pace a little bit here. No repetitive testimony, so that we can move things along. But we are moving things. So Monday, Wednesday, and Friday will be full days. Tuesdays and Thursdays next week will be half days. The week I wanted to address with you — we were already going to be off the 29th and 31st of that week.
JUDGE CANNONE: There's been a request, and it makes sense — we will now take the 29th, 30th, and 31st off, rather than have you folks come in. So you'll get three full days, sort of maybe in the middle of this trial, to be able to just kind of regroup. And I figured everybody would welcome those days. But I am going to ask you to give us a full day on the 28th. So think about that this weekend. So the Tuesday will be a full day, and then Wednesday, Thursday, Friday — you'll be down. Okay. Um, June 7th we're off, we will end June 6th at noon instead of 1:00. Okay. All right. So I do have to give you those three cautions — please do not discuss this case with anyone, don't do any independent research or investigation into this case.
JUDGE CANNONE: If you happen to see, hear, or read anything about this case, please disregard it. I always like to tell jurors just leave everything here — your notebooks, literally, figuratively — just leave it here. Have a great weekend, and we'll see you Monday morning.
COURT OFFICER: Here we go. Thank you.
JUDGE CANNONE: Any other evidentiary issues I should be prepared to spend some time on this weekend?
MR. LALLY: Not from the Commonwealth.
MR. JACKSON: No, we can wait on that.
JUDGE CANNONE: I heard you say we can wait on that, but I'd like to know — is there anything that I should be taking a look at?
MR. JACKSON: No, no, no. I wasn't — I was talking about something different. Uh, I think with regard to Brian Albert, uh, there's really nothing, uh, other than I wanted to talk to my co-counsel over the weekend to get the court to potentially revisit the ruling that you just made, which — whether you do or you don't, your honor, I think you've heard — — you know, we can hear more potentially. But with regard to Caitlin Albert, your honor, there is the issue of the uh, photos between her and Katie McG?. I just wanted to flag that to the court.
JUDGE CANNONE: I think we've addressed that already.
MR. JACKSON: But, and I think the court had said we'd take it on a photo-by-photo basis.
JUDGE CANNONE: No. What I said is you need to approach. So before she testifies, uh, let me know where we stand, okay, or before your cross-examination.
MR. JACKSON: We'll do.
JUDGE CANNONE: All right. Do we expect to hear from her next week?
MR. JACKSON: Yes.
JUDGE CANNONE: Okay. I think probably Monday?
MR. JACKSON: Probably Monday.
JUDGE CANNONE: Okay. All right. Anything else?
MR. JACKSON: Nope.
JUDGE CANNONE: All right. Thank you.