Commonwealth v. Read — Trial ArchiveBrian Albert — Direct
888 linesWhereupon, BRIAN 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 afternoon, sir.
MR. ALBERT: Good afternoon.
MR. ALBERT: Good afternoon, Your Honor. Good afternoon to the jury.
JUDGE CANNONE: Good afternoon.
MR. LALLY: Sir, could you please state your name and spell your last name for the jury?
MR. ALBERT: Sure. It’s Brian, last name Albert, A-L-B-E-R-T.
MR. LALLY: And where do you live, sir?
MR. ALBERT: I live in Norwood, Massachusetts.
MR. LALLY: And 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, Brendon.
MR. LALLY: I’m going to ask you just a little bit about your family. As far as -- well, let me start with yourself and your wife, Nicole. How long have the two of you been married?
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 age.
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, Brendon; anda 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 Brendon turns 23 today. And I have twins, we have twins that are 20 years old. Caitlin 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 had 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 of Canton before moving to Norwood?
MR. ALBERT: Approximately 45 years.
MR. LALLY: And that address, that’s 34 Fairview Road; is that right?
MR. ALBERT: Yes.
MR. LALLY: And what, if any, relationship did that home or that residence have to your family before you and your wife and your kids moved there?
MR. ALBERT: My parents had lived at that residence prior to us.
MR. LALLY: So you had spent some of your childhood in that house as well?
MR. ALBERT: Yes.
MR. LALLY: And do you work, sir?
MR. ALBERT: I’m retired now.
MR. LALLY: And 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 you’re referring to?
MR. LALLY: Yes.
MR. ALBERT: Yes. My last assignment was the Boston Police Fugitive Unit.
MR. LALLY: Now, sir, if I could turn your attention to January 28th of 2022, do you recall that date?
MR. ALBERT: Yes.
MR. LALLY: And do you recall what day of the week that was?
MR. ALBERT: The 28th I believe was a Friday.
MR. LALLY: And, when you first sort of got up on the 28th, where were you at that point?
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: So 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. 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 co-worker 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 from working?
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: And is a police officer as well?
MR. ALBERT: He is.
MR. LALLY: And where is he a police officer?
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 service as well?
MR. ALBERT: Yes, he was.
MR. LALLY: And how is it that you know Brian Higgins?
MR. ALBERT: So I know Brian Higgins initially from work, a professional relationship. I’ve known him for or I’ve 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: Okay. 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: And why did you drive versus fly back when you flew there?
MR. ALBERT: So that weekend there was anticipated snow, snowstorm, and I believe the flight that we were taking with Jet Blue may have even been cancelled. And Brian Higgins was leaving in a vehicle that morning, so we ended driving, or after the funeral we ended up driving with him.
MR. LALLY: So it’s yourself, Mr. Higgins. And then who, if anyone else, 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: And 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 to 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: Okay. And after you were dropped of with your vehicle -- what kind of vehicle was that?
MR. ALBERT: That was a Ford Edge.
MR. LALLY: And was that a personal vehicle or a work vehicle?
MR. ALBERT: Work vehicle.
MR. LALLY: So you get dropped back off at your work vehicle. Where did you go from there?
MR. ALBERT: So from Charlestown, we drove, I drove back towards the Canton area and I met Brian Higgins at a restaurant/bar called the Hillside.
MR. LALLY: And 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 with Mr. Higgins?
MR. ALBERT: I want to say around 9:00-9:30, perhaps. I’m not entirely sure.
MR. LALLY: And 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. She had let me know that her and a few people were at another location in Canton and she had asked if I wanted to come by and see them.
MR. LALLY: And what was that other location, sir?
MR. ALBERT: That other location was the Waterfall.
MR. LALLY: And is that an establishment you were familiar with?
MR. ALBERT: Yes.
MR. LALLY: You had been there before several times?
MR. ALBERT: T had been there before, yes.
MR. LALLY: So you drove then from the Hillside to the Waterfall?
MR. ALBERT: Yes.
MR. LALLY: And about how long a drive is that, if you know?
MR. ALBERT: Maybe seven minutes. 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 into -- now, when you left the Hillside, Mr. Higgins stayed there?
MR. ALBERT: Yes, he stayed.
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, Caitlin. 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 McCabe; is that right?
MR. ALBERT: Yes.
MR. LALLY: And, if you could, just explain to the jurors sort of how the two of you are related, as far as where does he belong.
MR. ALBERT: So my brother Chris’ 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 are 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: There was a band playing there.
MR. LALLY: And, with reference to the people that you’ve just spoken, as far as your wife and your daughter specifically, were they at the high-top table closer to the band or further away from the band?
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, went up to the group of your family, did you order anything? What did you do there?
MR. ALBERT: Yeah, I kind of just 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 believe were there before I got there, but I just don’t know what their names were.
MR. LALLY: And 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 a hundred percent 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.
MR. LALLY: So towards the other end of the table?
MR. ALBERT: Yes.
MR. LALLY: And, if you recall, what were you drinking that night?
MR. ALBERT: I don’t recall. IT usually drink beer, Mic 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 and joined your group?
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 sort of 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: Okay. 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 arrives, who, if anyone else, came into the Waterfall and joined your group?
MR. ALBERT: Probably after about a half hour later from Brian Higgins arriving John O’Keefe came into the Waterfall with the defendant.
MR. LALLY: And that would have been probably about 11:00 o’clock; 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 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, knew some things about him.
MR. LALLY: And, as far as the Boston Police Department, it’s 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?
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 John O’ Keefe?
MR. ALBERT: No, I don’t remember working with him directly within the Boston Police Department.
MR. LALLY: 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, sir?
MR. ALBERT: I believe he worked at the SORI 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 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. You know, 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 o’clock to the Waterfall with the defendant. Just 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 just identify as to where she’s seated or any article of clothing she’s wearing?
MR. ALBERT: Sure. She’s a female at the table in front of me with the black top on, long sleeve.
MR. LALLY: Your Honor, just ask the record to reflect identification of the defendant by the witness.
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Now, with regard to Ms. Read, had you met Ms. 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 “they,” I’m sorry, I mean Mr. O’Keefe and Ms. Read came into the Waterfall, where did they go in relation to where you were sort of situated at the high-top?
MR. ALBERT: So 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 sort of the table, your side of the table, excuse me, and what, if any, interaction did you have with them?
MR. ALBERT: Yes. I remember having an interaction or more than one interaction with John. He came over to say hello and we had some conversation not for too long, but yes.
MR. LALLY: And do you remember anything specific about that conversation or anything stand 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, you know, 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, Ms. Read, what, if any, conversation or interaction did you have with her?
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 -- 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, as far as what you could observe, 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: So 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; is that correct?
MR. ALBERT: Yes. The band was there. You know, 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 that evening?
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 or things started to sort of end for the evening?
MR. ALBERT: I believe the band stopped playing probably, you know, close to 12:00 and things started winding down, you know, a little before 12:00.
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 to leave?
MR. ALBERT: So I believe the first to leave was myself and my wife, Nicole; my daughter, Caitlin. And Brian Higgins left at that time as well.
MR. LALLY: And had anybody left from your group prior to when -- I’m sorry. So the bar starts to wind down around 12:00; correct?
MR. ALBERT: Yes.
MR. LALLY: Prior to the bar winding down had anybody from your group left before that?
MR. ALBERT: I didn’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 is 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 you 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 were you 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.
MR. LALLY: And what was that?
MR. ALBERT: So it ended up being my son Brian’s 23rd birthday, so at 12:00 o’clock he would be 23. So 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 your awareness of who was coming over to your house at 34 Fairview, who from the group were you aware of coming over?
MR. ALBERT: I don’t really remember the responses. I don’t think I knew for sure if anybody was going to come, except 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 high school graduation party.
MR. LALLY: And a high school graduation probably in the 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 the spring/summer of the year prior.
MR. LALLY: And around that time -- so that would have been 2021; is that correct?
MR. ALBERT: Yes.
MR. LALLY: So around that time there was still sort of vestiges or whatever of the COVID pandemic; is that correct?
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 else?
MR. ALBERT: It was actually out back. 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 for anything beyond using the bathroom?
MR. ALBERT: Besides that graduation party, 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, Your Honor, 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 53, the video from the Waterfall.
JUDGE CANNONE: Okay.
MR. LALLY: And, Ms. Gilman, with reference to Channel 3, if I could have the fourth video down? And, Ms. Gilman, if I could ask you to fast forward to 18 minutes and 50 seconds?
(Whereupon, the video was played.)
BY MR. LALLY:
MR. LALLY: Now, Mr. Albert, directing your attention up to the screen to your right here, do you recognize what’s up on the screen?
MR. ALBERT: Yes.
MR. LALLY: And what do you recognize that to be?
MR. ALBERT: The Waterfall.
MR. LALLY: And this is, at least according to the time stamp, about 11:57 p.m. on the 28th; is that correct?
MR. ALBERT: Yes.
MR. LALLY: And what’s up there, is that to your best of you recollection a fair and accurate portrayal of what the inside of the Waterfall looked like, absent sort of the quality of the video?
MR. ALBERT: Yes.
MR. LALLY: So I believe there should be a laser pointer on the desk before you. If you just press that button and point it at the screen. What I’m going to ask you to do is if you could draw the jury’s attention to who, if anyone, within this sort of still frame of the video that you recognize, if anyone.
MR. ALBERT: You know, with the time band across the top there I can’t really -- I can see some people around the table that we were standing, which would be this table area here (Indicating). It’s tough for me to say from here who everybody is. I believe -- I believe that’s Brian Higgins there, but I’m not a hundred percent.
MR. LALLY: Ms. Gilman, if you could play this. And what I’m going to ask you to ultimately play is up to the 19 minute and 58 second point.
(Whereupon, the video was played.)
MR. LALLY: Ms. Gilman, if you could pause it there?
(Whereupon, the video was paused.)
BY MR. LALLY:
MR. LALLY: Now, Mr. Albert, from what you observe up there, as far as the door that you came in and came out of 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 the door is?
MR. ALBERT: The door is this way (Indicating).
MR. LALLY: And from just prior to leaving this video, we’re now stopped at the 11:57:57 mark, do 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 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 really see great from here. And I saw Brian Higgins, but I don’t know if he’s in here somewhere.
MR. LALLY: Thank you, Ms. Gilman. If you could just press play again for about 30-some-odd seconds?
(Whereupon, the video was played.)
MR. LALLY: Thank you, Ms. Gilman. If you could take that down. And then, Ms. Gilman, if I could ask for one other video from Channel 1, the second one down. And if I could ask you to fast forward that to about five minutes and 10 seconds. And ultimately I’m going to ask you to play it from five minutes and 10 seconds to five minutes and 50 seconds. If you could press play?
(Whereupon, the video was played.)
BY MR. LALLY:
MR. LALLY: Now, generally speaking, what was just played up on the screen, Mr. Albert, do you recognize what that is?
MR. ALBERT: Yeah. It looks like the exit of the Waterfall and we’re kind of walking out.
MR. LALLY: So same group that was just walking through the front door is now walking out the front door and into the parking lot?
MR. ALBERT: Yes. And I believe there was somebody else there. I don’t know if it was somebody from the band or -- it looks like a different person out front there.
MR. LALLY: Okay. Thank you, sir.
MR. LALLY: Ms. Gilman, you can take that down.
BY MR. LALLY:
MR. LALLY: 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: Okay. And who is in your car with you on the drive back to your house?
MR. ALBERT: My wife, Nicole; and my daughter, Caitlin.
MR. LALLY: And about how far a drive is it from the Waterfall to your house?
MR. ALBERT: I would say five minutes.
MR. LALLY: And 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 until the time you came out?
MR. ALBERT: Yes. So it had stared snowing a little bit more heavily. You can kind of see that on that second video. So the ground was beginning to be, you know, coated, it looked like.
MR. LALLY: So a coating on the ground. But as you were driving could you still sort of see the blacktop of the roadway?
MR. ALBERT: I believe so, yes.
MR. LALLY: Now, you get to your house. And 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 so I could pull my car in.
MR. LALLY: And, as far as the vehicle 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 what kind of vehicle was the one that he was driving back from New York and what kind of vehicle was the one he was driving that night?
MR. ALBERT: So the one back from New York, he was driving a full-size pick-up 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, later in the night at the Waterfall he had a Jeep Wrangler vehicle that I believe is white but I’m not a hundred percent.
MR. LALLY: So he had arrived at your house before you; is that correct?
MR. ALBERT: Yes.
MR. LALLY: And you said it looked like he had done something to the driveway; is that right?
MR. ALBERT: He may have skimmed -- yeah. He had a plow on this truck and I think he may have skimmed the plow, the driveway and then pulled out and then we pulled in.
MR. LALLY: And, as far as the vehicles at your house, around this time in January of ‘22, between yourself, your wife, kids, how many vehicles did you have?
MR. ALBERT: I believe three.
MR. LALLY: And what type of vehicles and who was sort of the primary driver with regard to those vehicles?
MR. ALBERT: So I had a -- we had a Ford Explorer, a Cadillac SUV, it’s a smaller SUV, that my wife Nicole drives, and 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. I’m just trying to remember. It might have been an Escape, maybe a Ford Escape.
MR. LALLY: So all --
MR. ALBERT: And someone could have had that -- someone could have had that at school because I don’t remember if it was there that night or not.
MR. LALLY: So all the vehicles were essentially like SUV- type vehicles?
MR. ALBERT: Yes. We didn’t own any sedans or any cars.
MR. LALLY: Now, as far as when you pull into the driveway, the house at 34 Fairview had a two-car garage?
MR. ALBERT: Yes.
MR. LALLY: And is the garage something that you or other members of your family would utilize as far as parking vehicles?
MR. ALBERT: No. So, unfortunately, 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 we very seldom used it.
MR. LALLY: And, if you recall, as you’re pulling into the driveway, did you pull into the left side, the right side?
MR. ALBERT: 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: So, no, I don’t remember where Brian Higgins parked. I remember him pulling out so I could pull in. And then I didn’t really see where he parked.
MR. LALLY: And 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: And, when you come into your house, do you recall -- how many doors in the front of the house are there?
MR. ALBERT: So we have two front doors.
MR. LALLY: And one would be sort of by some steps; 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: And that leads into a foyer area of the house?
MR. ALBERT: Yes.
MR. LALLY: And the other door, where does that lead into?
MR. ALBERT: So the other door opens up right into the -- you know, we call it the family room -- but right into the family room/den area.
MR. LALLY: And do you recall specifically which door you utilized on that evening to go into the house?
MR. ALBERT: I believe I went in the door on the right, which goes into the den. I’m not really sure what other doors people used.
MR. LALLY: And when you came into the house who, if anyone, was present beyond the people that you had come in with?
MR. ALBERT: So 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 prior occasions?
MR. ALBERT: I didn’t know -- I didn’t know Sarah. I knew -- 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 was there?
MR. ALBERT: And my nephew, Colin.
MR. LALLY: And that would be Colin Albert; is that correct?
MR. ALBERT: Yes. Chris and Julie’s son, Colin.
MR. LALLY: And about how old was Colin around that time?
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 walk in where was Colin in relation to your son and the two girls that he was with?
MR. ALBERT: He was just kind of standing in the kitchen with Brian and the two girls. 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 just said he was getting picked up.
MR. LALLY: Okay. So he said he was getting picked up and a few minutes later he left your house?
MR. ALBERT: 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?
MR. ALBERT: After Colin left the house?
MR. LALLY: Yes.
MR. ALBERT: Nobody else arrived at the house.
MR. LALLY: Your sister-in-law, Jennifer McCabe, and Matthew McCabe, at some point did they come by?
MR. ALBERT: Yes. I thought you were referring to after everybody, after they showed up.
MR. LALLY: So 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 a hundred percent.
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 is there; correct?
MR. ALBERT: Yes.
MR. LALLY: And the McCabes are not?
MR. ALBERT: They are not.
MR. LALLY: And when you come back from the restroom Colin is 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 arrive sometime after Colin had left?
MR. ALBERT: Yes.
MR. LALLY: Okay. And over the course of that evening of the 28th, into the early morning of the 29th did anybody else come into your house or -- did anybody else come into your house at any point?
MR. ALBERT: No.
MR. LALLY: Now, in addition to yourself, your wife and you 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: So 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: And 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, a 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, to Chloe?
MR. ALBERT: At some point I went upstairs to grab the dog and let her out back to use the bathroom.
MR. LALLY: 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? And what I’m asking is would the dog be on a leash or would it be let out in the yard or --
MR. ALBERT: No. So the back yard is fenced in. So lI would open up the back door and she’d go out, use the bathroom and come back inside.
MR. LALLY: So the entirety of your back yard, that’s a fenced-in back yard; 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: So 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 in sort of any wooded area between your house and the tracks?
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 for?
MR. ALBERT: She was out back for maybe two or three minutes.
MR. LALLY: So went outside, went to the bathroom, came back in?
MR. ALBERT: Yes.
MR. LALLY: And, when the dog came back inside the house, where did the dog go from there?
MR. ALBERT: So the dog kind of walked around in the kitchen for a few minutes and then I took her upstairs.
MR. LALLY: And, when you took her upstairs, where upstairs did you take her?
MR. ALBERT: So the dog likes to sleep in our room, mine and my wife’s room. So alot 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 and the early morning did the dog go outside at all?
MR. ALBERT: No.
MR. LALLY: Now, 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 does the Acela go by or anything else?
MR. ALBERT: I believe there is in addition to the commuter rail there’s 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 Road?
MR. ALBERT: So it depends, I guess, schedule-wise, if it’s the middle of the week or if it’s the weekend. But, you know, on any given day they can go by five or six times, you know, morning -- you know, more towards the rush hour times, morning, at night, and then sometimes at night and sometimes during the day. So really all day and night.
MR. LALLY: And, when the trains go by, about how loud is that as far as from your house?
MR. ALBERT: So it’s 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 any more.
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 and you bring the dog back upstairs. And then where did you go from there?
MR. ALBERT: So 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 sort of situated?
MR. ALBERT: So everybody was in the kitchen. And then we have a connecting dining room, but it’s open. It’s only, you know, a difference of five feet. And then we have the family room/den that’s adjacent to the kitchen. But they’re all within -- they’re all 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 the -- what, if anything, is between the kitchen and the dining room and the living room that you were talking about?
MR. ALBERT: So 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, if somebody is standing in the family room and somebody is standing in the kitchen/dining area, they can sort of see each other?
MR. ALBERT: Yes.
MR. LALLY: Now, in the kitchen area where everybody was, or 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, you know, 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 sort of group and sort of 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. You know, 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 did you, 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 might have shown Brian Higgins some photos that were in my son’s room that were upstairs.
MR. LALLY: And what kind of photos are we talking about?
MR. ALBERT: So one of the -- my son 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. And Brian Higgins was prior military, as am IT, and I thought he would want to see the photos, so [I had him look at them.
MR. LALLY: And, for that period of time that you were outside of sort 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 quickly. You know, 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 people started to -- things started to wind down and people started to leave?
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: And, when you say “others left after that,” after Mr. Higgins left your house where did you go?
MR. ALBERT: So after Brian left I had gone upstairs and hung out and watched TV up in my bedroom.
MR. LALLY: You had a long day that day; is that fair to say?
MR. ALBERT: Yes. I had the funeral in New York that morning and we had the long drive back and we had been out and now we’re hanging out at my house and 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 kind of how long people were going to be there and then went back up.
MR. LALLY: And, when you pop 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: And 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.
MR. LALLY: And at some point after she walked outside she came back inside; is that correct?
MR. ALBERT: Yes.
MR. LALLY: And about how long a period of time, if you know, was she outside for?
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 and back in, what, if any, observations did you make outside of your house? Did you look out? Did you see anything outside 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: And, when you look out the bay window in the kitchen, what part of your property does that face?
MR. ALBERT: So it’s the back yard. You can see the back yard. The bulkhead is right under that bay window. And, you know, you pretty much have a view of the whole back yard if it’s in the daytime, but it was obviously a little dark.
MR. LALLY: So can you see the front of the house, any part of the front of the house when you’re looking at 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, the 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 there did John O’ Keefe or Karen Read physically come into your house?
MR. ALBERT: John O’Keefe and Karen Read never entered my house.
MR. LALLY: And, so, you go up to bed and the group is still sort of downstairs; is that correct?
MR. ALBERT: Yes.
MR. LALLY: And at some point your wife, Nicole, who you share a bedroom with, does she come upstairs?
MR. ALBERT: Yes.
MR. LALLY: And do you know about what time that was?
MR. ALBERT: It was probably 2:00-ish. I’m not exactly sure, but around 2:00, 2:00 o’clock.
MR. LALLY: And the doors to your house, as far as the front doors and the back doors, is that -- what is sort of the situation with regard to locking the doors before everybody goes to bed?
MR. ALBERT: Can you rephrase that?
MR. LALLY: Sure. When you lived at 34 Fairview Road, there are a number of doors to the house, including two doors in the front; correct?
MR. ALBERT: Yes.
MR. LALLY: Okay. And how is that -- well, let me ask you this. 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: So your wife comes up to your bedroom about 2:00 a.m. or so. As far as you knew, everybody else had 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 2:00 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 2:00 because that’s when she came upstairs. We 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: And she was there overnight; is that correct?
MR. ALBERT: Yes.
MR. LALLY: Now, turning your attention to later on that morning or, you know, the beginning of that morning, the 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 to 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 between -- it was early in the morning. Between 6:00 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 burst into your room, can you describe her demeanor or sort of 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 into the room?
MR. ALBERT: She said something to the effect John is dead.
MR. JACKSON: Objection.
JUDGE CANNONE: Next question, please. Sustained unless you lay a foundation.
BY MR. LALLY:
MR. LALLY: Did you know who she was referring to when she initially comes into your room?
MR. ALBERT: IT initially did not.
MR. LALLY: And at some point during the course of that conversation does Ms. 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 that length of the conversation that occurred in your bedroom between yourself and Ms. McCabe and your wife?
MR. ALBERT: Probably a minute.
MR. LALLY: And the demeanor that you described as far as Ms. McCabe was concerned as almost hysterical, was that continuous throughout that initial conversation?
MR. ALBERT: Yes. She was very upset.
MR. LALLY: And who, if anyone, if she indicated, was downstairs or why did you go downstairs?
MR. ALBERT: She said that the police --
MR. JACKSON: Objection.
JUDGE CANNONE: This I’m going to allow with that foundation.
BY MR. LALLY:
MR. LALLY: Go ahead.
MR. ALBERT: She said that the police were downstairs.
MR. LALLY: And, so, you went downstairs to talk to the police?
MR. ALBERT: Yes.
MR. LALLY: And, when you go downstairs, what do you see when you get to sort of 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 else?
MR. ALBERT: I don’t remember.
MR. LALLY: And the Canton Police officer that’s inside your home, did you recognize him?
MR. ALBERT: Yes.
MR. LALLY: And who did you recognize him to be?
MR. ALBERT: The last name Lank, so Officer Lank.
MR. LALLY: And was he someone that you were familiar with?
MR. ALBERT: I knew who he was, yes.
MR. LALLY: Did you socialize or 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: And, so, you knew him -- essentially what I’m asking, you knew him in a professional capacity, a personal capacity, or a little bit of both?
MR. ALBERT: I would say more of a professional capacity, and I knew of him but did not hang out with him socially.
MR. LALLY: And initially when you first see Officer Lank, is he by himself or who, if any other officers, are with him?
MR. ALBERT: I believe initially he was by himself.
MR. LALLY: And did another officer join yourself and Officer Lank at some point?
MR. ALBERT: Yes. I believe another officer came into the house.
MR. LALLY: And do you know who that officer is?
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 go with the officer sort of in your house? You spoke with the officer, I’m presuming?
MR. ALBERT: Yes. We spoke in the kitchen area.
MR. LALLY: And, when you’re speaking with the officer in the kitchen area, who is there?
MR. ALBERT: So my wife, Nicole; her sister, Jen; and I believe Jen’s husband, Matt, arrived almost 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 in your house?
MR. ALBERT: I don’t remember the exact time. I wouldn’t want to guess. I don’t remember. Ten, fifteen, twenty minutes, maybe, initially.
MR. LALLY: And, when you say “initially,” was there a subsequent conversation that occurred after that?
MR. ALBERT: Yes. The officers -- Officer Lank returned to the house sometime after that.
MR. LALLY: And, when he returned sometime after that, was he -- again, was he alone or was there another officer with him?
MR. ALBERT: I believe at that time he was with 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 ona 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, that second come back to the house?
MR. ALBERT: That may have been longer. Maybe a half hour.
MR. LALLY: Now, going back to sort of 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, yes.
MR. LALLY: And in between that first speaking with the police and the second time that the police came back to your house, who, if anyone, did you call or notify in regard to the situation that was going on in front of your house?
MR. ALBERT: I called Brian Higgins.
MR. LALLY: And why did you call Brian Higgins?
MR. ALBERT: Because I think it was important for him to know what was going on and what had happened.
MR. LALLY: And, as far as you knew with reference to Mr. O’Keefe and Ms. Read, what, if any, relationship, friendship, anything were you aware of between Mr. Higgins and either Mr. O’Keefe or Ms. Read?
MR. ALBERT: I was not aware too much about a relationship with 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 who, if anyone else, came over your house?
MR. ALBERT: So 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 that night?
MR. ALBERT: Yes.
MR. LALLY: And why was that?
MR. ALBERT: So 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 night, 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 ask Julie to do when you saw her out in the driveway?
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 chaotic, unbelievably chaotic morning.
MR. LALLY: And, as far as when that was described to your sister-in-law Julie, how would you describe sort of 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, was utter shock. 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 is 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, so 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 back to -- who, if anyone, came to your house with her?
MR. ALBERT: Her husband. My brother Chris, who’s her husband.
MR. LALLY: And was this before or after the second time that the police had been at your house?
MR. ALBERT: I believe they came back after the second time, but I’m not a hundred percent sure. The first time that Julie came with the coffee the police were not there.
MR. LALLY: Now, when you first sort of get up, you come downstairs and the police are 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: And 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: And 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 not?
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 sort of when Jennifer McCabe first comes sort of barging into your bedroom at 6:00 or 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 of?
MR. ALBERT: I was made aware that he was taken to the hospital.
MR. LALLY: So that by the time that you’re awoken by Mrs. McCabe John O’ Keefe is, to your knowledge, not outside anymore?
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. And I don’t know the last name, 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 day?
MR. ALBERT: IT had never met Trooper Proctor. I had met Trooper -- I forget. What is the last name?
MR. LALLY: You met Trooper Yuri?
MR. ALBERT: Yuri. I had amet him. I had met him once or twice before.
MR. LALLY: And was that in a professional capacity?
MR. ALBERT: Yes.
MR. LALLY: And where did you speak with them 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 with them?
MR. ALBERT: It was late morning, early afternoon the day of the incident. I don’t know the exact time. Before noon, I think.
MR. LALLY: And why was it that later on that day that you were over your sister-in-law Jennifer McCabe’s house?
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, in speaking of your sister-in-law, Jennifer, this is someone you’ve known since she was how old?
MR. ALBERT: Six. Six, seven 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 fair to say they asked 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 sort of 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 for each?
MR. ALBERT: Yes. I spoke with them at the dining room table and they, 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 McCabe?
MR. ALBERT: So I was upstairs when they were being spoken to.
MR. LALLY: If I may have one moment, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Sir, I’m going to show you a series of eight photographs and just ask you to review them and look up when you’re finished.
MR. ALBERT: Sure.
MR. LALLY: And, sir, what I’ve 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: Yes.
MR. LALLY: And what do you recognize it to be?
MR. ALBERT: So the photos appear to be the front yard in front of my old house at 34 Fairview Ave.
MR. LALLY: And, from those photographs, do they appear to be a fair and accurate portrayal of what your house and your yard looked like around time; is that correct?
MR. ALBERT: Yes.
MR. LALLY: Your Honor, with the Court’s permission, I would ask to publish those for the jury, just to discuss with the witness briefly.
JUDGE CANNONE: Okay. You can put them up, Ms. Gilman.
MR. LALLY: Ms. Gilman, if you could start with Exhibit 58°?
(Whereupon, the photograph was displayed.)
BY MR. LALLY:
MR. LALLY: And, Mr. Albert, sir, there should be on the desk in front of you a laser pointer. Actually, we already talked about that. So what’s up on the screen currently, do you recognize -- is that what’s depicted in Exhibit 58?
MR. ALBERT: I have them out of order here. Just give me one second. So, yes, this looks like the photo, Exhibit 58, that you handed me.
MR. LALLY: And this is a photograph of your house or, if I’m standing on the street, to the left side of the property; correct?
MR. ALBERT: Yes.
MR. LALLY: And on this sort of left side of your property -- well, 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.
MR. LALLY: And the curb that’s in between the grass and the roadway, 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 a tar curbing.
MR. LALLY: And, in this area of the left side of your property, what, if anything, of note is sort 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 Corp. flag. And there is a -- we call it like an electrical box, but I’m not sure what the purpose of it is.
MR. LALLY: And, so, through 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. You know, we don’t really have much to do with it.
MR. LALLY: And the general area when you looked out the window of your bedroom on the morning of the 29th, as far as where you saw the police vehicles or cruisers, do you see that in this photograph?
MR. ALBERT: Yes. That’s the same general area.
MR. LALLY: It’s the same general area aS you were describing with the fire hydrant and the flagpole, things like that?
MR. ALBERT: Yes.
MR. LALLY: Ms. Gilman, if I could have the next exhibit, 59?
(Whereupon, the photograph was displayed.)
BY MR. LALLY:
MR. LALLY: And, again, sir, what’s up on the screen, is that what you have before you?
MR. ALBERT: What was it? 59?
MR. LALLY: Fifty-nine.
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, if you can tell?
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 your 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 on this.
MR. ALBERT: So my driveway is or was this area right here
(Indicating) and that’s the garage doors (Indicating).
MR. LALLY: And within this photograph as well, you mentioned that there were sort of two doors in the front of your house, one that leads into a foyer area and the other that 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, if you can see them?
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, do you see that window in this photograph as well and could you draw the jury’s attention to it?
MR. ALBERT: Yes. I believe it would be this one right here (Indicating) in the corner.
MR. LALLY: Thank you, sir.
MR. LALLY: Ms. Gilman, if I could have the next exhibit, No. 60?
MR. ALBERT: Did you say Six zero?
MR. LALLY: Six zero.
(Whereupon, the photograph was displayed.)
MR. LALLY: 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 sort of width of the road from the curb to the double yellow line there, is that generally what it was on January 29th, if that’s what the roadway looked like?
MR. ALBERT: The morning of the 29th?
MR. LALLY: Well, the morning of the 29th it was snowing; correct?
MR. ALBERT: Right. So the roadway, I believe, would have had some snow on it.
MR. LALLY: So what I’m asking is, Sir, when you came home that evening or early morning on the 29th, is that essentially what the roadway looked like absent whatever snow was covering it?
MR. ALBERT: Yes.
MR. LALLY: The next photograph, Ms. Gilman.
(Whereupon, the photograph was displayed.)
MR. LALLY: And, again, we’re now looking at what is Exhibit 61; is that correct, sir?
MR. ALBERT: One second. Yes.
MR. LALLY: And this is essentially a closer-up area of the fire hydrant and electrical box and the flagpole that you were talking about before?
MR. ALBERT: Yes.
MR. LALLY: And, Ms. Gilman, if I could have the next photograph?
(Whereupon, the photograph was displayed.)
MR. LALLY: And, again, what’s up on the screen, this would be -- I’m sorry. I lost my train of thought. Is this 62?
MR. ALBERT: Sixty-two. It appears to be, yes, 62.
MR. LALLY: So you were mentioning earlier in your testimony that the area where you saw the police cruisers when you looked out your window on the morning of the 29th was near sort of where your property abuts the neighboring property; correct?
MR. ALBERT: Yes.
MR. LALLY: And do you happen to know what number that next door neighbor’s house is? Is it up or down from 34?
MR. ALBERT: I honestly don’t. I don’t know what number that is.
MR. LALLY: And do 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’s?
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, is that the fence that you were talking about before that encloses your back yard?
MR. ALBERT: Yes.
MR. LALLY: And the next photograph, Ms. Gilman, No. 62.
(Whereupon, the photograph was displayed.)
MR. LALLY: And, again, this is just another photograph of the back 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: Now, Sir, with reference to this area of the yard, was there any sort of overhead, like, 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.
MR. LALLY: And the next photograph, Ms. Gilman.
(Whereupon, the photograph was displayed.)
MR. LALLY: And, Mr. Albert, I believe this would be No. 64; is that correct?
MR. ALBERT: Yes.
MR. LALLY: And, with reference to this, can you describe to the jury what we’re 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.
MR. LALLY: And if you could, just using the laser pointer, direct the jury’s attention to what you’re talking about?
MR. ALBERT: So the door would be right in here
(Indicating).
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 there?
MR. ALBERT: To the other door?
MR. LALLY: To the other one, to the front door.
MR. ALBERT: There’s a brick walkway.
MR. LALLY: So a brick walkway leading up to brick steps and into the foyer area of your house?
MR. ALBERT: Yes.
MR. LALLY: And the last one, Ms. Gilman.
(Whereupon, the photograph was displayed.)
MR. LALLY: Mr. Albert, this would be No. 65. And do you recognize what’s depicted in this photograph, sir?
MR. ALBERT: Yes.
MR. LALLY: And what do you recognize it to be?
MR. ALBERT: 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, Ms. Gilman. Thank you very much.
BY MR. LALLY:
MR. LALLY: Now, Mr. Albert, 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 sort of in that area in the front yard of your home?
MR. ALBERT: So over the course of the next couple 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 date 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 -- so 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 Norwood; 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 of -- it would have been 2021.
MR. LALLY: And what was it that sort of precipitated that discussion as far as selling your house?
MR. ALBERT: Around that time, and 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 -- 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, what, if any -- strike that. Did the sale of your house have anything to do with what occurred there on January 29th, 2022?
MR. ALBERT: Absolutely not.
MR. LALLY: May I have just one moment, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: I have nothing further for this witness, Your Honor.
JUDGE CANNONE: All right. Can I see counsel at Sidebar for just a second, please?
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: So it's about 10 minutes of four. It's been a long day. Do you want to start or do you want to wait until Monday?
MR. JACKSON: I'd rather wait until Monday.
JUDGE CANNONE: Mr. Yannetti, you asked Mr. McDermott about whether we do have that.
MR. YANNETTI: Yes. Your Honor, just to be clear, we are very happy with what the Court announced. But I checked my notes and I just wanted to make sure that we were on the same page and the Court understood where we had been, if you don't mind me touching on --
JUDGE CANNONE: Yes. So the 28th, I'm going to go back and ask them if --
MR. YANNETTI: If they can do a full day?
JUDGE CANNONE: -- they can do a full day. We are already off the 29th and 31st.
MR. YANNETTI: Okay. Well, then, I withdraw what I said.
JUDGE CANNONE: So I thought I'd give you the 30th.
MR. YANNETTI: I didn't have in my notes that we were off the 31st. That's why I brought it to Mr. McDermott's attention. than going -- it gives you two long weekends.
MR. YANNETTI: We were very happy with what the Court gave us. I just wanted to make sure we were on the same page.
JUDGE CANNONE: All right. [REDACTED]
MR. YANNETTI: Okay. That's great.
JUDGE CANNONE: So rather than ending that Thursday at 1:00 o'clock, [REDACTED] a 12:30 [REDACTED]. I'm just going to say does anyone mind if we go a little later.
MR. YANNETTI: Perfect.
JUDGE CANNONE: That gives you another long weekend.
MR. YANNETTI: That's great.
MR. JACKSON: The other procedural question is I mentioned to Mr. Lally -- and I figured we might as well make use of the time. There is one exhibit that I was considering using, I am considering using. It's not been marked. Mr. Lally has it. It is a video.
JUDGE CANNONE: Did you give it to me? Okay.
MR. JACKSON: The Court has it. It's a video of no sound of my investigator and me at the bulkhead, walking to the back gate and then to the front yard.
JUDGE CANNONE: Yes. I can tell you the concern I have.
MR. JACKSON: Tell me.
JUDGE CANNONE: You can't be a witness.
MR. JACKSON: No.
JUDGE CANNONE: You are in that video. You are in both of them. When I saw those last week, I just -- I can't let them into evidence, even if Mr. Lally agrees.
MR. JACKSON: He doesn't.
MR. LALLY: For the same reason.
MR. JACKSON: It's not a perfect scenario. I think we could overcome that if push came to shove because I did have, I'm smart enough to have a witness with me. Mr. Mackowski was with me and it was videotaped.
JUDGE CANNONE: You should have been videoing it and he should have been in it.
MR. JACKSON: Probably. But I didn't. So I just wanted to take the Court's temperature on it. I'm not married to it. If the Court's not comfortable with it, I can parry and use some still photographs.
JUDGE CANNONE: Especially with the objection but when I saw it, I can't let it in.
MR. JACKSON: Understood.
JUDGE CANNONE: Okay. So I'll make these dated and announce to the jurors.
MR. JACKSON: That would be great. Thank you.
MR. LALLY: Thank you, Your Honor.
(Whereupon, the sidebar conference concluded.)
JUDGE CANNONE: Mr. Albert, you can step down, Sir.
(Whereupon, the witness steps down.)
JUDGE CANNONE: All right. So, jurors, rather than start 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. We’re here 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 along. So Monday, Wednesday and Friday will be full days. Tuesday and Thursday next week will be half days. The week I wanted to address with you, where we were already going to be off the 29th and 31st of that week, there’s been a request and it makes sense, we will now take the 29th, 30th and 3lst 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. 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? June 7th, we’re off. We will end June 6th at noon instead of 1:00 o’clock. Okay? 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. If you happen to see, hear, and 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’1ll see you Monday morning ready to go.
(Whereupon, the jury was escorted from the courtroom and excused until Monday.)
JUDGE CANNONE: So we’re still in session. Any other evidentiary issues I should be prepared to spend some time on this weekend?
MR. LALLY: Not from the Commonwealth, Your Honor.
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. YANNETTI: Right. No, no, no. I was talking about something different. I think with regard to Brian Albert there’s really nothing other than I wanted to talk to my co-counsel over the weekend that the Court could potentially be basically 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 photos between her and Kate McLaughlin. I just wanted to flag that for the Court. I think we’ve addressed that already and I think the Court had said we take them on a photo-by-photo basis.
JUDGE CANNONE: No. What I said is you need to approach.
MR. YANNETTI: Yes.
JUDGE CANNONE: So before she testifies let me know where you stand.
MR. YANNETTI: Will do.
JUDGE CANNONE: Before your cross-examination.
MR. YANNETTI: Will do.
JUDGE CANNONE: Okay. Do we expect to hear from her next week?
MR. LALLY: Yes. I think probably Monday, probably.
JUDGE CANNONE: Okay. All right. Anything else?
MR. YANNETTI: Thank you, Judge.
MR. LALLY: No, Your Honor. Thank you.
(Whereupon, the Court adjourned.)