Commonwealth v. Read — Trial ArchiveJulie Albert — Cross (Part 2)
782 linesPROCEEDINGS May 10, 2024
(Court in session at 9:07 a.m.)
(Defendant present. Jury not present.)
COURT CLERK: 22-117, Commonwealth versus Karen Read. Would counsel please identify yourselves for the record?
MR. LALLY: Adam Lally, for the Commonwealth. Good morning, Your Honor.
JUDGE CANNONE: Good morning, Mr. Lally.
MS. MCLAUGHLIN: Good morning, Your Honor. Laura McLaughlin, for the Commonwealth.
JUDGE CANNONE: Good morning, Ms. McLaughlin.
MR. JACKSON: Good morning, Your Honor. Alan Jackson, for Ms. Read.
JUDGE CANNONE: Good morning, Mr. Jackson.
MS. LITTLE: Good morning, Your Honor. Elizabeth Little, also on behalf of Ms. Read.
JUDGE CANNONE: Good morning, Ms. Little.
MR. YANNETTI: And good morning, Your Honor. David Yannetti, for Karen Read.
JUDGE CANNONE: Good morning, Mr. Yannetti. Good morning, Ms. Read.
JUDGE CANNONE: All right. Did counsel want to see me at sidebar?
MR. YANNETTI: I had asked, Your Honor. Thank you.
JUDGE CANNONE: Okay.
(Whereupon, there was a sidebar conference as follows:)
MR. YANNETTI: I thought it made sense, Your Honor, because we are having the witnesses that are coming up who will involve federal documents, potentially admissible, potentially useable. And we wanted to get some clarity as to how we refer specifically to, you know, testimony before a different grand jury other than the grand jury in this case.
JUDGE CANNONE: Well, just grand jury anda date, right, because the dates are off by a year, maybe, or how long?
MR. LALLY: About a year.
MR. YANNETTI: Right. Well, our concern is we don't want it to be left, the jury to be left, with the impression that the Commonwealth in this case convened another grand jury and that they were the ones asking the questions of the witnesses. Our position is the context matters, and our suggestion was going to be that the witness be alerted to the fact that this was a different grand jury conducted by a different office or agency and that neither Mr. Lally nor I, the prosecution and the defense in this case, was not involved or present.
JUDGE CANNONE: Okay. So I kept out the whole federal --
MR. YANNETTI: I haven't mentioned the word "federal."
JUDGE CANNONE: No, no. So I think it's just you testified before a grand jury on this particular date and Mr. Lally wasn't there and I wasn't there.
MR. YANNETTI: Okay. We can deal with that.
JUDGE CANNONE: Thank you.
MR. YANNETTI: Secondly -- now I've lost my chain of thought.
JUDGE CANNONE: The security issue is what I thought we were coming over for.
MR. YANNETTI: Oh, yeah. There was that, too. That is the second issue. Yeah.
JUDGE CANNONE: That should have been the first issue.
JUDGE CANNONE: All right. So as far as I'm concerned, it is certainly a very important issue. Mr. Fahey, please, assistant director or regional director. Could you please come and just report on the record, and all this is sealed on the record, what the trial court folks have done? These are our microphones. So you do need to come a little closer.
COURT OFFICER: All right. After looking into the incident --
COURT REPORTER: I can't hear.
JUDGE CANNONE: You need to speak into these.
COURT OFFICER: A little closer? All right. After looking into an incident reported to us, the security department concludes that one court user's behavior did not align with the proper dignity and decorum expected in a Massachusetts courtroom. As a result, we have informed the party that he will not be allowed to enter Norfolk Superior Court for the duration of this trial.
MR. YANNETTI: That's acceptable to us.
JUDGE CANNONE: And you've already told them about assigning Officer Dunn?
COURT OFFICER: Yes.
MR. YANNETTI: We discussed that with our client. I think our position is my client being allowed to use the court officers' bathroom, which we greatly appreciate, will solve the problem here. She doesn't need somebody walking with her through the courthouse because she has counsel. She is almost always with somebody.
JUDGE CANNONE: I was surprised, frankly, that you weren't with her on this occasion when she walked down the steps.
MR. YANNETTI: Almost every time when she goes to the bathroom I go with her. For whatever reason, I didn't this time.
JUDGE CANNONE: There are so many bystanders. And just so the record is clear, what we have proposed and what we are willing to do is assign a female officer here to your client. Eugenia Dunn is a phenomenal officer. She has worked closely with me on trials and has been assigned to protect me during trials in this building. She's fantastic and she will simply walk with your client anytime she leaves the courtroom. But, if you're telling me you don't want that, we won't do that.
MR. YANNETTI: We don't. And I would put on record that the security in this case has been phenomenal. We appreciate all the consideration from this Court and the security, but I think we'll be satisfied as long as she can use that bathroom.
JUDGE CANNONE: Okay.
MR. YANNETTI: Just one other issue, Your Honor, which you don't have to give us an answer now, obviously, but I wanted to flag it for the Court. We are breaking for Memorial Day Weekend on May 24th. That is the Friday. We have obviously the Monday off because that is Memorial Day. And then we have another off day, I believe, on May 29th, which is that Wednesday, which means that the only court day that we have been -- the 24th and the 30th would be a half day on the --
JUDGE CANNONE: So do you want to go all day on the 28th?
MR. YANNETTI: Well, I was going to ask if we could have that day off instead of going a half day. The reason, Your Honor, is the trial is difficult on the lawyers, but that's not the issue. It's more difficult, I would assert, on the lawyers' families.
JUDGE CANNONE: I don't have a problem with changing the schedule. So I can tell you on that week, on the 30th, that Thursday, Po
Court Order: Jurors or Juror Issues [REDACTED] We
JUDGE CANNONE: will probably stop at 12 on that day. And we are not in session on the 29th and 31st. So if you wanted to have the 30th off, it would be two long weekends in a row for counsel. It would be --
MR. JACKSON: That would be incredibly nice.
JUDGE CANNONE: So you'd have the long weekend. We would break on the 24th and you'd be off the Memorial Day, that Monday, the 27th. We could do a full day on the 28th and then have Wednesday, Thursday, Friday off.
MR. YANNETTI: That's great.
JUDGE CANNONE: So you'd get two long weekends.
MR. YANNETTI: Beautiful.
JUDGE CANNONE: I mean, I wanted to propose that because counsel is here from California.
MR. YANNETTI: He's got a very young daughter. My daughter is not seeing me, either. It would be great.
JUDGE CANNONE: It goes with the territory, right? I tried cases.
MR. YANNETTI: Of course.
JUDGE CANNONE: But I do understand. And I was going to offer that so that they'd be off that Wednesday, Thursday, Friday. That's one day, and it would be a full day.
MR. YANNETTI: Wonderful. Awesome. Thank you.
MR. LALLY: One other issue, Your Honor.
JUDGE CANNONE: Okay.
MR. LALLY: The Commonwealth filed a motion to exclude Mr. Kearney (phonetic) while certain witnesses are testifying and some of those witnesses are here today, as is Mr. Kearney.
JUDGE CANNONE: All right. Does the defendant take any position on this?
MR. YANNETTI: No.
JUDGE CANNONE: Okay. I just was told someone wanted to tell me that Tim Bradl was on his way. So I read the Commonwealth's motion. If Mr. Bradl is here, he has a right to be heard, as well, as I'm concerned on this motion, just so it's clear. You're moving to exclude Aidan Kearney, who has been given SJC 119 status recently. So we will have a hearing on your motion. Mr. Bradl has a right to be heard. Mr. Kearney has a right to be heard. But you're not asking for him to be excluded during the witness who is presently on the stand, right?
MR. LALLY: No.
JUDGE CANNONE: Okay. I just took a quick look at the names. I need to highlight them. And your witness after Julie Albert is through?
MR. LALLY: Nicole Albert.
JUDGE CANNONE: Okay. Is she on this list?
MR. LALLY: She's not on the list as a named victim, Your Honor. But part of Mr. Kearney's activities have included her residence. So I think what they did as far as the main victim was they put Brian Albert, her husband. But I would submit I think she falls into that category.
JUDGE CANNONE: All right. So we will have a hearing, I guess, after this witness. All right.
MR. LALLY: That's fine. Thank you.
JUDGE CANNONE: Are we all set?
MR. YANNETTI: Yes.
JUDGE CANNONE: Okay. Thank you.
(Whereupon, the sidebar conference concluded.)
JUDGE CANNONE: All right. So bring the jury in.
(Whereupon, there was a short recess.)
(Court resumes at 9:18 a.m.)
(Defendant present. Jury present.)
JUDGE CANNONE: Good morning again, counsel. Good morning again, Ms. Read. Good morning, jurors. Happy Friday. And I appreciate you all being here ready, willing and able to start. We got an awfully lot done in about five or seven minutes over here at sidebar. So we made you wait, but in the long run it will speed things up and it will make things go more smoothly, so we appreciate your patience. Those same three questions. Have you all been able to follow the instruction and refrain from discussing this case with anyone since we left yesterday? Everyone said “yes” or nodded affirmatively. Were you all able to follow the instruction and refrain from doing any independent research or investigation into this case? Everyone said “yes” or nodded affirmatively. Did anyone happen to see, hear or read anything about this case since we left yesterday?
(Whereupon, jurors responded in the negative.)
JUDGE CANNONE: One thing I did want to say to you folks is, if you can’t hear a witness or a lawyer or you can’t see something, I don’t know that unless you raise your hand. So if you raise your hand, the court officers don’t have the power to say to the witness please answer that again and speak louder, but I can. So if you raise your hand, the court officer will come over and let me know and we can make sure that happens. All right? So I remind counsel to keep their voices up. And you’ve been doing a great job of moving out of the way of the jurors toward the end there, so please continue to do so. All right. Is Ms. Albert here?
(Whereupon, the witness was again sworn.)
JUDGE CANNONE: Okay. I am just going to remind you to keep your voice up, please, Ms. Albert, okay?
MS. ALBERT: Okay.
JUDGE CANNONE: All right. Mr. Yannetti.
MR. YANNETTI: Thank you, Your Honor.
Whereupon, JULIE ALBERT having been first duly sworn, continued to be examined and testified as follows: CONTINUED CROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: Good morning, Ms. Albert.
MS. ALBERT: Good morning.
MR. YANNETTI: Ma’am, you will recall yesterday I broached the topic with you of how often you and Courtney Proctor speak to each other over the phone. Do you recall that line of questioning?
MS. ALBERT: Yes.
MR. YANNETTI: And when I asked you to describe the frequency of those phone calls I didn’t put any words in your mouth; did I? I didn’t suggest how frequently they were? You came up with the word?
MS. ALBERT: I don’t really --
MR. YANNETTI: Well, let me put it this way. When I asked you how often you talked to Courtney Proctor, you could have chosen any word in the English language to answer that question; correct?
MS. ALBERT: Correct.
MR. YANNETTI: What was the word that you chose?
MS. ALBERT: Not often? I don’t remember.
MR. YANNETTI: How about rarely?
MS. ALBERT: Rarely.
MR. YANNETTI: That was your word; correct?
MS. ALBERT: It could have been. I don’t really recall. I don’t recall.
MR. YANNETTI: You don’t recall telling this jury yesterday when I asked you about how often you spoke to Courtney Proctor by phone you said, well, rarely?
MS. ALBERT: I don’t remember.
MR. YANNETTI: What is your definition of “rarely”?
MS. ALBERT: Not daily. Not daily. Not --
MR. YANNETTI: Seldom?
MS. ALBERT: Yes.
MR. YANNETTI: Once in a blue moon?
MS. ALBERT: No.
MR. YANNETTI: Rarely doesn’t mean to you 67 phone conversations within a seven-month period; does it?
MS. ALBERT: A 67 time period in how many? Eight months?
MR. YANNETTI: In about seven months, 67 times.
MS. ALBERT: It’s not a lot. I wouldn’t think it’s a lot in seven months.
MR. YANNETTI: Three times in one day, is that rarely?
MS. ALBERT: No. But I’m not -- that wasn’t every day.
MR. YANNETTI: Okay. Well, when you left the stand yesterday did you log into your account or check any old bills to confirm those 67 calls?
MS. ALBERT: No, I did not.
MR. YANNETTI: Did you speak to Mr. Lally about those 67 calls after we broke yesterday and before you took the stand today?
MS. ALBERT: I don’t believe so, no.
MR. YANNETTI: Did you call Courtney Proctor on one of those rare occasions yesterday?
MS. ALBERT: No, I did not.
MR. YANNETTI: This morning?
MS. ALBERT: No, I did not.
MR. YANNETTI: Were you curious as to whether or not you had actually called her those 67 times?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: All right. In any case, regarding all of those 67 phone calls from February lst until September 6th, do you maintain that during none of those calls or any portion of those calls did you and Courtney Proctor discuss the investigation into the death of John O’ Keefe?
MS. ALBERT: I do not remember.
MR. YANNETTI: Do you deny discussing that investigation?
MS. ALBERT: I don’t deny it, but I do not remember.
MR. YANNETTI: All right. Well, you admitted yesterday after having seen records that you spoke with Michael Proctor’s sister for 12 minutes on February 1st of 2022. Do you recall that?
MS. ALBERT: I don’t recall the conversation, no.
MR. YANNETTI: But that --
MS. ALBERT: It was a long time ago.
MR. YANNETTI: I’m sorry. I don’t mean to interrupt you. Finish your answer.
MS. ALBERT: I’m sorry. It was a long time ago. I just don’t remember.
MR. YANNETTI: Okay. But my question is, after seeing the records, you saw the phone call for over 12 minutes; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And you also remember that that was the very day that the police arrested Karen Read for this case; correct?
MS. ALBERT: Correct.
MR. YANNETTI: The arrest of Karen Read on February 1st was pretty big news in Massachusetts; correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: You had seen that arrest all over the news; correct?
MS. ALBERT: Correct.
MR. YANNETTI: So you certainly -- given the day and the fact that it was February 1st and my client was arrested that day and you’re talking to the lead investigator’s Sister, the subject of Karen Read’s arrest had to have come up; right?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained. Ask it differently.
BY MR. YANNETTI:
MR. YANNETTI: You certainly mentioned my client’s arrest with Courtney Proctor on the very day that she was arrested and you were talking to Courtney; correct?
MS. ALBERT: Correct.
MR. YANNETTI: All right. Now, when we broke for the day yesterday I had also asked you about the three phone calls that you had with Michael Proctor’s sister on the morning of February 2nd when my client was arraigned; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And you recall that her arraignment was televised publicly; correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained. Ask it differently.
BY MR. YANNETTI:
MR. YANNETTI: You saw her on the news being arraigned; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And one of those phone calls after -- well, strike that. With regard to the three phone calls before the arraignment, you knew at that time that my client had been arrested the day before; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And you knew she would be arraigned in court that morning; correct?
MS. ALBERT: Correct.
MR. YANNETTI: Certainly, when you were talking to Michael Proctor’s sister on February 2nd before her 9:00 o’clock arraignment, you were discussing the 9:00 o’clock arraignment; correct?
MS. ALBERT: Can you repeat the end of that, please?
MR. YANNETTI: Sure. On February 2nd, the day that my client was scheduled to be arraigned in Stoughton District Court -- we’re talking about the three phone calls that you made to Michael Proctor’s sister before that arraignment that very day. And my question is, certainly, you were discussing the fact that she was about to be arraigned; correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained. Ask it differently, Mr. Yannetti.
BY MR. YANNETTI:
MR. YANNETTI: Did the subject of Karen Read’s arraignment come up in any of those three calls on February 2nd, the day she was going to be arraigned, before her arraignment?
MS. ALBERT: I don’t remember exactly.
MR. YANNETTI: What about the 27-minute phone call that you had with Courtney Proctor at 12:58 a.m. that same day after my client was arraigned in court? Did you discuss the arraignment that had just happened?
MS. ALBERT: I do not remember.
MR. YANNETTI: You had already testified that by 2022 you were no longer babysitting for Courtney Proctor’s kids; correct?
MS. ALBERT: I wasn’t babysitting regularly like I was before.
MR. YANNETTI: So is it your testimony that you happened to be talking about babysitting on February 2nd for 27 minutes, the same day that my client was arraigned in Stoughton District Court?
MS. ALBERT: I don’t remember what I was talking about. It could have been about the kids. It could have been about -- it could have been about anything. I don’t remember.
MR. YANNETTI: Sure. And, certainly, it could have been about the publicly-televised arraignment that had just occurred; correct?
MR. LALLY: Objection.
JUDGE CANNONE: So I’1ll allow this, and then let’s move on. Can you answer that?
MS. ALBERT: Yes, it could have been. Yes.
BY MR. YANNETTI:
MR. YANNETTI: All right. Did you tell Courtney Proctor during any of these 67 phone calls that you were a witness in her brother’s case?
MS. ALBERT: I don’t remember.
MR. YANNETTI: Okay. Ms. Albert, you were at the Waterfall on the night of January 28th; correct?
MS. ALBERT: Yes.
MR. YANNETTI: And you also went to 34 Fairview on the morning of January 29th?
MS. ALBERT: Yes.
MR. YANNETTI: Yet as of the date of these phone calls that we’ve discussed so far, the February 1st and the February 2nd multiple phone calls, Trooper Proctor still had not interviewed you; correct?
MS. ALBERT: Correct.
MR. YANNETTI: You were finally interviewed by Trooper Proctor on February 10th, about 13 days after John O’ Keefe was found dead on Brian Albert’s lawn; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And you told Courtney Proctor that you were nervous to speak to her brother, Trooper Proctor, about this case. Do you remember that?
MS. ALBERT: I do not remember those exact words, no.
MR. YANNETTI: All right. But you were nervous to speak to him; correct?
MS. ALBERT: Of course. I’d be nervous in general fora police interview. I mean, I don’t know someone who wouldn’t be.
MR. YANNETTI: Were you worried that one of Trooper Proctor’s colleagues might ask to speak to your son Colin about what had happened on the 28th and the 29th?
MR. LALLY: Objection.
JUDGE CANNONE: I’m going to allow that.
MS. ALBERT: Was I nervous they would ask my son?
BY MR. YANNETTI:
MR. YANNETTI: Yeah. Were you nervous that one of the investigators in this case might approach your son to ask him about his whereabouts?
MS. ALBERT: No.
MR. YANNETTI: All right. In any case, you were interviewed at 5:30 p.m. on February 10th; correct?
MS. ALBERT: Correct.
MR. YANNETTI: Where did that interview take place?
MS. ALBERT: At my home in Canton.
MR. YANNETTI: Who was present for that interview?
MS. ALBERT: Me, my husband, Trooper Proctor, and Trooper Bukhenik.
MR. YANNETTI: Michael Proctor agreed to interview you and your husband together; correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: You and your husband were interviewed together; correct?
MS. ALBERT: Correct.
MR. YANNETTI: Did either of these troopers, including Michael Proctor, suggest that maybe the two of you should be separately interviewed?
MS. ALBERT: I don’t recall.
MR. YANNETTI: Where did the interview take place within your home?
MS. ALBERT: In my family room.
MR. YANNETTI: Were you sitting on coaches?
MS. ALBERT: Yes.
MR. YANNETTI: You were comfortable?
MS. ALBERT: Yes.
MR. YANNETTI: You were not in a police interrogation room; correct?
MS. ALBERT: No, I was not.
MR. YANNETTI: And it wasn’t particularly lengthy; correct?
MS. ALBERT: What do you define lengthy? I don’t remember how long it was exactly.
MR. YANNETTI: It didn’t go into the evening; correct?
MS. ALBERT: No.
MR. YANNETTI: And then Michael Proctor and the other trooper left; correct?
MS. ALBERT: Correct.
MR. YANNETTI: Then at some 6:17 p.m. that same night, shortly after you had been interviewed, you called Michael Proctor’s personal cell phone number; correct?
MS. ALBERT: I don’t remember.
MR. YANNETTI: If I may have a moment?
JUDGE CANNONE: Okay.
BY MR. YANNETTI:
MR. YANNETTI: You didn’t bring your cheaters today? Oh, you did. Good. Okay. May I approach, Your Honor?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: I’m going to hand you one document. There’s an orange sticky on it. You can ignore it. But right above the orange sticky there’s a date of February 10th. That’s what I’m directing your attention to. If you could look at those two phone calls, ma’am, and look up me when you’re done.
MR. YANNETTI: If I may approach?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: Did that refresh your memory about those two phone calls on February 10th?
MS. ALBERT: I mean, I just read them, but I don’t remember.
MR. YANNETTI: Okay. You called Trooper Proctor at 6:17 p.m. and it appears to be a five-second phone call. Did you see that?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: Do you recall that Trooper Proctor called you back that same day at 6:21 p.m. and that you spoke for about four minutes?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: Do you deny speaking to Trooper Proctor for four minutes when he called you from his personal cell phone on February 10th of 2022 after you had been interviewed that day?
MS. ALBERT: No, I don’t deny it, but I don’t remember it.
MR. YANNETTI: When did you get his personal cell phone number?
MS. ALBERT: I don’t remember.
MR. YANNETTI: Years ago?
MS. ALBERT: I’m sure, yes.
MR. YANNETTI: Because you’ve known that family for a long time?
MS. ALBERT: Yes, I have.
MR. YANNETTI: And, as you testified here today, you can’t remember what that phone call would have been about; correct?
MS. ALBERT: No, I do not remember.
MR. YANNETTI: Okay. I’d like to contrast your relationship with Karen Read versus your relationships with Jennifer McCabe and Courtney Proctor. You would agree with me, and I think you testified yesterday, that Jennifer McCabe is one of your best friends?
MS. ALBERT: Correct.
MR. YANNETTI: And you call her Jen; correct?
MS. ALBERT: Yes.
MR. YANNETTI: And Courtney Proctor is also one of your best friends; correct?
MS. ALBERT: She’s not one of my best friends, no. She’s a good friend. She’s not one of my best friends.
MR. YANNETTI: Oh. She’s --
MS. ALBERT: She’s my sister’s best friend.
MR. YANNETTI: Got you. Okay. So your sister Jill --
MS. ALBERT: My sister Jillian, yes.
MR. YANNETTI: Jillian is best friends with Courtney Proctor and you are close friends with her but not best friends?
MS. ALBERT: Correct.
MR. YANNETTI: But you really only knew Karen Read as John O’Keefe’s girlfriend; correct?
MS. ALBERT: Correct.
MR. YANNETTI: She was just an acquaintance of yours?
MS. ALBERT: Yes.
MR. YANNETTI: There are no photos of you in a hot tub together, right, you and Karen Read?
MS. ALBERT: No.
MR. YANNETTI: There are no photos of you with your arms around each other at the beach; correct?
MS. ALBERT: No.
MR. YANNETTI: You’ve never been to a baby shower with Karen Read; correct?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: You didn’t have any contact with Karen Read while you were growing up; correct?
MS. ALBERT: No.
MR. YANNETTI: Karen Read was definitely not from Canton; correct?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: I’11 allow this and then you can move on, Mr. Yannetti.
MS. ALBERT: No, she was not,
MR. YANNETTI: One more question.
BY MR. YANNETTI:
MR. YANNETTI: She was an outsider, correct, to Canton?
MS. ALBERT: She didn’t live in Canton.
MR. YANNETTI: All right. But after she started dating John you would see her driving in and out of the street; correct?
MS. ALBERT: Yes.
MR. YANNETTI: You’d see her taking groceries in; correct?
MS. ALBERT: Yes.
MR. YANNETTI: Because you were neighbors with John?
MS. ALBERT: Yes.
MR. YANNETTI: And it was the fact that you’d see her around, you know, taking groceries in and out of the house and being outside with the kids that led you to believe that she was not only connected to John but also to his house on Meadows Ave.; correct?
MS. ALBERT: Yes.
MR. YANNETTI: And you would see her interacting with the kids outside; correct?
MS. ALBERT: Yes.
MR. YANNETTI: She would be participating in family-type activities with the kids outside?
MS. ALBERT: Yes.
MR. YANNETTI: And you’d see her enough that you assumed that she was living there; correct?
MS. ALBERT: Yes.
MR. YANNETTI: And I believe you stated that you had known her or seen her for maybe about a year and a half or so. Is that a good estimate?
MS. ALBERT: Yes.
MR. YANNETTI: And in all the time that you saw her in the neighborhood or had any contact with her and John, you never saw the two of them fight or argue; correct?
MS. ALBERT: No.
MR. YANNETTI: You never heard them fight or argue; correct?
MS. ALBERT: No.
MR. YANNETTI: And you had been out with them in a group setting a handful of times; correct?
MS. ALBERT: Just a couple of times.
MR. YANNETTI: And during those times they always appeared to get along; correct?
MS. ALBERT: Yes.
MR. YANNETTI: And you knew of no problems in their relationship; correct?
MS. ALBERT: No.
MR. YANNETTI: And you were particularly impressed with the time Karen spent with John’s adopted children?
MR. LALLY: Objection.
JUDGE CANNONE: Were you?
MS. ALBERT: Can you repeat that last question?
MR. YANNETTI: Yes. You were particularly -- you were impressed with the amount of time that Karen spent with John’s children?
MS. ALBERT: I didn’t know the exact, really, amount of time that -- I mean, she was there a lot, yes. So, yes, I would assume that she spent a lot of time with them, yes.
MR. YANNETTI: Okay. Now, on Friday, January 28th, you had plans with your sister-in-law, Nicole; correct?
MS. ALBERT: Yes.
MR. YANNETTI: You are close with Nicole?
MS. ALBERT: Yes, I am.
MR. YANNETTI: You picked her up at her home in your car?
MS. ALBERT: Yes.
MR. YANNETTI: You drove her to the Waterfall; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And the two of you went for dinner there?
MS. ALBERT: Yes.
MR. YANNETTI: Your husband, Chris, came later?
MS. ALBERT: Yes.
MR. YANNETTI: Brian Higgins came later?
MS. ALBERT: Yes.
MR. YANNETTI: And you knew Brian Higgins; correct?
MS. ALBERT: Yes.
JUDGE CANNONE: Mr. Yannetti, I’m going to stop you for one minute.
MR. YANNETTI: Yes, Your Honor.
JUDGE CANNONE: All right. Thank you, Mr. Yannetti.
MR. YANNETTI: No. Thank you, Your Honor.
BY MR. YANNETTI:
MR. YANNETTI: I believe you testified that you knew Brian Higgins at that time; correct?
MS. ALBERT: Yes.
MR. YANNETTI: And how did you know him?
MS. ALBERT: He is a friend of my brother-in-law.
MR. YANNETTI: And your brother-in-law would be Brian Albert; correct?
MS. ALBERT: Yes.
MR. YANNETTI: And, by the way, when I just asked you that guestion about how you knew Brian Higgins and what his relationship was to Brian Albert, you didn’t hesitate to say that they were friends; correct?
MS. ALBERT: Correct.
MR. YANNETTI: It was very clear that they were friends; correct?
MS. ALBERT: Correct.
MR. YANNETTI: In fact, the two of them arrived at the bar together; correct?
MS. ALBERT: Yes.
MR. YANNETTI: And it didn’t surprise you to see the two of them together; correct?
MS. ALBERT: No.
MR. YANNETTI: Karen and John came sometime after that?
MS. ALBERT: I believe shortly after that, yes.
MR. YANNETTI: And they walked over to your table?
MS. ALBERT: Yes.
MR. YANNETTI: And then John kind of came up from behind you and sort of ina joking way dug his finger into your shoulder?
MS. ALBERT: Correct, yes.
MR. YANNETTI: And essentially said, you know, you know, what’s up and that was about it and he went on; correct?
MS. ALBERT: He made a -- he said what’s up and made a joke.
MR. YANNETTI: And the joke was, given the fact that you and your husband moved from the neighborhood, they decided to hold a block party; correct?
MS. ALBERT: Yes.
MR. YANNETTI: And John was the same jokester he always was; correct?
MS. ALBERT: Correct, yes.
MR. YANNETTI: And you had some contact with Karen while you were at the bar before you had to leave because of the migraine; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And she was just very bubbly that night; correct?
MS. ALBERT: Correct.
MR. YANNETTI: That’s just her personality as far as you could see; correct?
MS. ALBERT: As far as I knew, yes.
MR. YANNETTI: You know, you didn’t know her that well, but that’s how she always was; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And you left the Waterfall at around 11:00 o’clock, your best memory?
MS. ALBERT: A little after 11:00.
MR. YANNETTI: And it was a particularly bad migraine that night?
MS. ALBERT: Yes.
MR. YANNETTI: And the loud music didn’t help you out at all?
MS. ALBERT: Not at all.
MR. YANNETTI: And you drove home?
MS. ALBERT: Yes.
MR. YANNETTI: Now, when you got home your son Colin was not there; correct?
MS. ALBERT: Correct.
MR. YANNETTI: He was not out with you at the Waterfall?
MS. ALBERT: Correct.
MR. YANNETTI: He was out that night; correct?
MS. ALBERT: Yes.
MR. YANNETTI: And you knew that he stops by your sister-in- law Nicole’s house quite a bit; correct?
MS. ALBERT: Yes.
MR. YANNETTI: He’s very close to Nicole and Brian’s kids; correct?
MS. ALBERT: Correct.
MR. YANNETTI: He’s also very close to his aunt and uncle, Brian Albert and Nicole Albert; correct?
MS. ALBERT: Correct.
MR. YANNETTI: So you would have gotten home maybe shortly after 11:10 p.m., approximately?
MS. ALBERT: Around 11:00, yup. Around there.
MR. YANNETTI: And that was when you entered an empty house; correct?
MS. ALBERT: My son [REDACTED] was home.
MR. YANNETTI: Oh, [REDACTED] was home?
MS. ALBERT: Yes.
MR. YANNETTI: But Colin was not?
MS. ALBERT: He was not.
MR. YANNETTI: And Colin did not come home at 11:30; correct?
MS. ALBERT: Correct.
MR. YANNETTI: He did not come home at 11:45; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And when the clock turned midnight he still wasn’t home; correct?
MS. ALBERT: Correct.
MR. YANNETTI: Now, at some point your husband, Chris, came home; correct?
MS. ALBERT: Yes.
MR. YANNETTI: You testified on direct examination that Chris came home at 12:10 a.m. on January 29th?
MS. ALBERT: That’s the time I believe he did, yes.
MR. YANNETTI: Okay. That 12:10 a.m. time, did you discuss that precise time with anybody prior to taking the stand yesterday?
MS. ALBERT: No.
MR. YANNETTI: Was that coordinated with anybody such that your husband indicated the same time, 12:10 a.m.?
MS. ALBERT: No.
MR. YANNETTI: With the Court’s permission, I’d like to play the Waterfall video, I think it’s Exhibit 53, just that portion of the video.
JUDGE CANNONE: Okay.
MR. YANNETTI: If I may just have a moment, Your Honor?
JUDGE CANNONE: Sure.
MR. YANNETTI: Your Honor, I’m going to allow my colleague some time to find this and I’1ll move on with my questioning. And if we could have the lights on, please?
BY MR. YANNETTI:
MR. YANNETTI: Now, I believe you’ve testified that the Waterfall is very close to D&E Pizza; correct?
MS. ALBERT: Correct.
MR. YANNETTI: But your house on Maple Street is about a half a mile away from the Waterfall. Would you agree with that?
MS. ALBERT: About that, yes. Maybe a little less, but about that.
MR. YANNETTI: All right. Would you agree it’s a, you know, seven or eight-minute walk home from the Waterfall if you’ re walking? And I realize you were driving. But if somebody were walking, it would be about seven or eight minutes?
MS. ALBERT: Maybe a minute or two less.
MR. YANNETTI: Okay. So you would say six or seven minutes would be a better estimate to cover that half mile?
MS. ALBERT: It depends on how fast you walk, yes.
MR. YANNETTI: All right. And it was snowing that night; correct?
MS. ALBERT: Correct.
MR. YANNETTI: The ground was a little bit slippery?
MS. ALBERT: Yes.
MR. YANNETTI: If I may just have a moment?
JUDGE CANNONE: Yes.
MR. YANNETTI: If I could have the lights dimmed again?
BY MR. YANNETTI:
MR. YANNETTI: This is the exhibit I’d like to show you, ma’am.
MR. YANNETTI: And if you could pause for one second?
(Whereupon, the video was played and paused.)
BY MR. YANNETTI:
MR. YANNETTI: Do you recognize what’s depicted in that video? Does that appear to be the Waterfall?
MS. ALBERT: Yes.
MR. YANNETTI: Okay. And do you see time of 12:13 a.m.?
MS. ALBERT: Yes.
MR. YANNETTI: Okay. You can run that, Mr. Bates?
(Whereupon, the video was played.)
MR. YANNETTI: If you’d pause it there?
(Whereupon, the video was paused.)
BY MR. YANNETTI:
MR. YANNETTI: I’m going to direct you -- do you see where it says CH3?
MS. ALBERT: Yes.
MR. YANNETTI: And you see the timestamp up at the top; correct?
MS. ALBERT: Yes.
MR. YANNETTI: Between those two markers on the video you’re going to see somebody walking by. I’d ask you to pay attention to the next, you know, six seconds or so.
(Whereupon, the video was played.)
MR. YANNETTI: Stop.
(Whereupon, the video was paused.)
BY MR. YANNETTI:
MR. YANNETTI: Did you recognize that person?
MS. ALBERT: Yes. I believe it’s my husband.
MR. YANNETTI: If you could run that?
(Whereupon, the video was played.)
MR. YANNETTI: Stop.
(Whereupon, the video was played.)
BY MR. YANNETTI:
MR. YANNETTI: Would you agree with me that your husband left the Waterfall at about 12:13 and 46 seconds?
MS. ALBERT: Well, yes. I mean, that’s what it says on the screen.
MR. YANNETTI: Okay. So it was closer to 2:14 than to 2:10; would you agree with that?
MS. ALBERT: 12:14, you mean?
MR. YANNETTI: You know what, you’re right. 12:14 than 12:10?
MS. ALBERT: Yes, that’s what I’m seeing.
MR. YANNETTI: Thank you. So if he’s leaving at around 12:14 and by your testimony it would have taken him six -- he was walking home. You knew that; correct?
MS. ALBERT: Yes.
MR. YANNETTI: He didn’t have a car that night?
MS. ALBERT: He did not.
MR. YANNETTI: And if it took him six or seven minutes to get home -- and, by the way, let me strike that question. You had said it takes six or seven minutes. Did you factor in the fact of the weather that night for your estimate of about a six or seven-minute walk?
MR. LALLY: Objection.
JUDGE CANNONE: Can you answer that question? Is that what you said?
MS. ALBERT: Yes. I didn’t factor in the weather. I don’t know.
MR. YANNETTI: All right. So your testimony would be you don’t know if it would have taken hima little bit longer or anybody a little bit longer --
MS. ALBERT: Anybody. Everyone walks at a different pace.
MR. YANNETTI: Right. But whatever pace they walk at, given what you saw of the weather that night, is it your testimony that maybe it would have taken a little bit longer than the estimate because of the weather?
MS. ALBERT: I’d say it would have.
MR. YANNETTI: Okay. But, in any case, let’s leave it at six or seven minutes. That puts him, your husband, coming home at around 12:20 or 12:21; correct?
MS. ALBERT: Correct.
MR. YANNETTI: All right. And that 12:10 estimate that you had, you made that estimate before having the benefit of the video; correct?
MS. ALBERT: Correct.
MR. YANNETTI: Now, where were you within the house when your husband came home?
MS. ALBERT: In my room.
MR. YANNETTI: Bedroom?
MS. ALBERT: Upstairs in my bedroom.
MR. YANNETTI: And you share a bedroom with your husband?
MS. ALBERT: Yes.
MR. YANNETTI: And when was the first time that you saw him within the house?
MS. ALBERT: He came up to the bedroom.
MR. YANNETTI: Okay. So you were in the bedroom and you see him appear in the bedroom; correct?
MS. ALBERT: Correct.
MR. YANNETTI: Did you hear the door open way down on the first floor?
MS. ALBERT: Yes.
MR. YANNETTI: Okay. And it would have taken maybe about a minute to get upstairs? It wasn’t very long?
MS. ALBERT: Tt wouldn’t be very long, no.
MR. YANNETTI: Okay. And, when he got upstairs, you noticed that he was in wet clothing; correct?
MS. ALBERT: Yes.
MR. YANNETTI: He appeared to be cold?
MS. ALBERT: Yes.
MR. YANNETTI: And he got undressed; correct?
MS. ALBERT: Yes.
MR. YANNETTI: Did he brush his teeth before bed?
MS. ALBERT: I think he got right into bed.
MR. YANNETTI: Okay. So you didn’t see him brush his teeth or wash up?
MS. ALBERT: No.
MR. YANNETTI: And were you in the bed when he came into the bed to go to sleep?
MS. ALBERT: I was sitting up in bed, yes.
MR. YANNETTI: Were you reading or watching TV?
MS. ALBERT: I was just sitting up in bed, praying for my headache to go away.
MR. YANNETTI: Oh, okay. So the migraine was still really bothering you?
MS. ALBERT: Yes.
MR. YANNETTI: And you were suffering at that point?
MS. ALBERT: Suffering? I had a headache.
MR. YANNETTI: Well, yeah. But a migraine headache, I would imagine it’s --
MS. ALBERT: It was a headache, but I took medicine and I was waiting for it --
MR. YANNETTI: Waiting for it to kick in?
MS. ALBERT: Yes.
MR. YANNETTI: Okay. And that’s sort of what you were concentrating on. It’s probably kind of hard to read or watch TV or concentrate on anything when you have a migraine; right?
MS. ALBERT: Okay, yes.
MR. YANNETTI: Now, you would agree that your husband, Chris, was asleep when Colin came home; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And, as a mother, you couldn’t have gone to sleep until you knew your kids were home; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And Colin was the remaining child who was out there, which when he came home that would have given you license to go to sleep?
MS. ALBERT: Yes.
MR. YANNETTI: Now, at the time that Colin came home, with Chris sleeping, it’s fair to say this was just an ordinary weekend night; correct?
MS. ALBERT: How do you --
MR. YANNETTI: Well, in other words, you didn’t know that anything tragic had occurred or was alleged to have occurred; correct?
MS. ALBERT: Correct.
MR. YANNETTI: So it wasn’t like you were paying attention to the clock at that point and recording your memories as best you could because you knew you’d be testifying later; correct?
MS. ALBERT: Correct.
MR. YANNETTI: Which also explains the 12:10 estimate; right? I mean, you’re being asked about, you know, times that things occurred and it was just sort of an ordinary day, right, so it’s difficult to pinpoint times; correct?
MS. ALBERT: Correct.
MR. YANNETTI: Okay. Now, directing your attention to the next morning, you missed a phone call from your best friend, Jennifer McCabe; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And you believe that phone call, I think, according to your memory yesterday, came in at 5:55 p.m., correct, I’m sorry, 5:55 a.m.; correct?
MS. ALBERT: Correct.
MR. YANNETTI: That was the time that you gave Mr. Lally when he asked you a question on direct examination; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And you were able to recall that time nearly two years later; correct?
MS. ALBERT: Yes.
MR. YANNETTI: But regarding the 67 phone calls between you and Courtney Proctor that happened after that, you’re not able to recall any of those; correct?
MS. ALBERT: I just don’t remember them.
MR. YANNETTI: All right. In any case, January 29th was your nephew Brian Albert, Jr.’s birthday; correct?
MS. ALBERT: Yes.
MR. YANNETTI: That’s why you went to 34 Fairview at 8:30 in the morning; correct?
MS. ALBERT: Yes.
MR. YANNETTI: And when you pulled into the driveway there was nothing unusual to you; correct?
MS. ALBERT: Correct.
MR. YANNETTI: This was just your brother-in-law Brian and your sister-in-law Nicole’s house with snow around; correct?
MS. ALBERT: Yes.
MR. YANNETTI: There were no police on scene?
MS. ALBERT: No.
MR. YANNETTI: There was no tent protecting the front lawn; correct?
MS. ALBERT: Correct.
MR. YANNETTI: No crime scene tape stapled anywhere or taped anywhere; correct?
MS. ALBERT: Correct.
MR. YANNETTI: Nobody appeared to be standing guard over the front yard; correct?
MS. ALBERT: Correct.
MR. YANNETTI: You didn’t see any shard of glass; right?
MS. ALBERT: No, I did not.
MR. YANNETTI: You didn’t see 45 pieces of taillight strewn about the lawn; correct?
MS. ALBERT: Correct.
MR. YANNETTI: In fact, you didn’t see any pieces of taillight; correct?
MS. ALBERT: I don’t recall seeing anything.
MR. YANNETTI: And you didn’t suspect that 34 Fairview was a crime scene; correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: There was nothing that prevented you from walking all over that front lawn; correct?
MS. ALBERT: Correct.
MR. YANNETTI: It was still snowing out?
MS. ALBERT: Yes.
MR. YANNETTI: Brian Albert, when you approached the house, he opened the door; correct?
MS. ALBERT: I approached the car, not the house.
MR. YANNETTI: Oh, okay. You approached -- whose car was it?
MS. ALBERT: My nephew Brian’s.
MR. YANNETTI: Brian, Jr.’s car?
MS. ALBERT: Yes.
MR. YANNETTI: All right. And then Brian Albert opened the door of the house?
MS. ALBERT: The side door of the home, yes.
MR. YANNETTI: Can I have Exhibit 8, please, with the Court’s permission?
JUDGE CANNONE: Yes.
(Whereupon, the exhibit was displayed.)
MR. YANNETTI: Can we zoom in just a little bit? That’s good. I am so bad at this. Oh, thank you.
BY MR. YANNETTI:
MR. YANNETTI: That that I’m highlighting now is the front door to the house; correct?
MS. ALBERT: Yes.
MR. YANNETTI: And if we move along Exhibit 8 to the right, is that the side door?
MS. ALBERT: Yes.
MR. YANNETTI: And that’s the door that Brian Albert appeared from?
MS. ALBERT: Yes.
MR. YANNETTI: And you were able to see him from the outside of the house; correct?
MS. ALBERT: Yes.
MR. YANNETTI: And you were over to this area?
MS. ALBERT: Yes.
MR. YANNETTI: Do you recall, is it one of those two cars that’s in Exhibit 8 that you approached with the Dunkin’ Donuts?
MS. ALBERT: I can’t make out what the cars are.
MR. YANNETTI: Okay. But it was either one of those two cars or a car that was parked in one of those two places?
MS. ALBERT: Yes.
MR. YANNETTI: All right. And then you went -- did you go in that side door to go into the house?
MS. ALBERT: Yes.
MR. YANNETTI: Fair to say that family has lived there for quite a while; correct?
MS. ALBERT: Yes.
MR. YANNETTI: You knew that prior to Brian Albert and --
MR. YANNETTI: Oh, I’m sorry. It’s really bad form to block the jury. I’m so sorry.
BY MR. YANNETTI:
MR. YANNETTI: The door that is the front door, you know, being familiar with that house for a long time, you’ve gone in that front door before; correct?
MS. ALBERT: Yes.
MR. YANNETTI: And you know that when you go in the front door of that house you come into a little foyer area; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And then almost within arm’s distance to the left is the door to the basement; correct?
MS. ALBERT: Walking in the front door, arm’s distance to the left?
MR. YANNETTI: Yes. In other words, you walk into the house --
MS. ALBERT: Yup.
MR. YANNETTI: -- and then the door to the basement, going down to the basement, is right there on the left; correct?
MS. ALBERT: That’s incorrect. To the left is the library.
MR. YANNETTI: All right. Where is the door to the basement?
MS. ALBERT: You walk in the front door, you step to the right, walk a few steps towards the kitchen, and the basement door is on the left before you enter the kitchen.
MR. YANNETTI: All right. But the kitchen is off to the left; correct?
MS. ALBERT: No. When you walk in the front door, the library is on the left. There’s another room on the left.
MR. YANNETTI: Okay.
MS. ALBERT: So you walk in. You immediately see a staircase in front of you. And to the left is the library.
MR. YANNETTI: Right.
MS. ALBERT: If you go right --
MR. YANNETTI: I’m sorry. Go ahead.
MS. ALBERT: If you go to the right, you can go into the part of the kitchen where the kitchen table is or you can not go to the right and you can walk straight and as you’re walking there’s a door on the left and that’s where the basement door is.
MR. YANNETTI: Okay. So I think we’re getting to what I was getting at. If you walk straight ahead, there’s a door to the left that goes down to the basement; correct?
MS. ALBERT: Correct, yes.
MR. YANNETTI: We can have the lights on.
BY MR. YANNETTI:
MR. YANNETTI: And, when you were walking toward that side door, you didn’t see any emergency or police vehicles outside; correct?
MS. ALBERT: No, I did not.
MR. YANNETTI: And you didn’t see any first responders other than Brian Albert; correct?
MS. ALBERT: Correct.
MR. YANNETTI: There were no lights flashing outside the house; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And inside you saw Nicole Albert?
MS. ALBERT: Yes.
MR. YANNETTI: Brian Albert?
MS. ALBERT: Yes.
MR. YANNETTI: Jennifer McCabe?
MS. ALBERT: Yes.
MR. YANNETTI: Matt McCabe?
MS. ALBERT: Yes.
MR. YANNETTI: And Brian Higgins; correct?
MS. ALBERT: Yes.
MR. YANNETTI: How long did you spend at the house that morning?
MS. ALBERT: I don’t remember exactly. Maybe a half hour, 45 minutes. I don’t remember exactly.
MR. YANNETTI: And the seven of you were discussing what had happened; correct?
MS. ALBERT: Yes.
MR. YANNETTI: At some point it was decided that Jennifer McCabe should contact Michael Lank of the Canton Police; correct?
MR. LALLY: Objection.
JUDGE CANNONE: I’11 let -- if this witness knows independently.
MS. ALBERT: Can you repeat that one for me?
MR. YANNETTI: Sure. At some point it was decided among the seven of you that Jennifer McCabe should contact Michael Lank of the Canton Police Department?
MS. ALBERT: I don’t remember who exactly, if Jennifer decided. I don’t remember exactly.
MR. YANNETTI: Well, you knew Michael Lank; correct?
MS. ALBERT: Yes.
MR. YANNETTI: And at 8:53 a.m. you sent to Jennifer McCabe Michael Lank’s personal cell phone number; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And did you then see Jennifer McCabe delete that text message from you?
MR. LALLY: Objection.
JUDGE CANNONE: I’11 sustain that.
BY MR. YANNETTI:
MR. YANNETTI: You were contacted by the Massachusetts State Police this year about your phone; correct?
MS. ALBERT: Correct.
MR. YANNETTI: They left you a voicemail on March 21st of 2024?
MS. ALBERT: The state police?
MR. YANNETTI: Yes.
MS. ALBERT: About my telephone?
MR. YANNETTI: Well, they left you voicemail on March 21st of 2024. You had contact with the state police this year?
MS. ALBERT: Yes.
MR. YANNETTI: And they left you a second voicemail on March 25 and then called you again on March 28th?
MS. ALBERT: Yes.
MR. YANNETTI: You told them that you were sick and you would speak to them on April 1st; correct?
MS. ALBERT: Correct.
MR. YANNETTI: And then the state police called you on April lst but you did not pick up. Do you recall that?
MS. ALBERT: I do not.
MR. YANNETTI: They called you again that same day and you didn’t respond; correct?
MS. ALBERT: I don’t recall.
MR. YANNETTI: But you did learn that they had called your husband on April lst looking for you; correct?
MS. ALBERT: I don’t recall.
MR. YANNETTI: All right. After speaking with your husband you texted the Massachusetts State Police on April 1st; correct?
MS. ALBERT: I think around that. I don’t know the exact date.
MR. YANNETTI: All right. And you finally met with the Massachusetts State Police on April 3rd of 2024; correct?
MS. ALBERT: I would assume. I don’t know the exact date, but yes.
MR. YANNETTI: And during that meeting the state police looked through your phone for a contact that you would have had with Michael Proctor; correct?
MS. ALBERT: Correct.
MR. YANNETTI: Did they seize your phone?
MS. ALBERT: No, they did not.
MR. YANNETTI: Did they tell you that they had a search warrant for your phone?
MS. ALBERT: No, they did not.
MR. YANNETTI: Did they take it back, saying that they had to give it to some experts to do an extraction?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: They just looked through it after you handed it to them; correct?
MS. ALBERT: Correct.
MR. YANNETTI: Then they gave it back?
MS. ALBERT: Yes.
MR. YANNETTI: Now, with regard to your contact with Karen on January 28th, it was clear to you that Karen did not appear to be under the influence; correct?
MS. ALBERT: Correct.
MR. YANNETTI: You didn’t see her stumbling; correct?
MS. ALBERT: Correct.
MR. YANNETTI: You didn’t see her swaying?
MS. ALBERT: Correct.
MR. YANNETTI: She was not unbalanced?
MS. ALBERT: No.
MR. YANNETTI: She was not slurring her words?
MS. ALBERT: No.
MR. YANNETTI: She was not talking gibberish?
MS. ALBERT: No.
MR. YANNETTI: She was engaging in normal conversation?
MS. ALBERT: Yes.
MR. YANNETTI: And she held a conversation perfectly fine?
MS. ALBERT: Yes.
MR. YANNETTI: She appeared to be under control; correct?
MS. ALBERT: Yes.
MR. YANNETTI: She was affectionate with John that night?
MR. LALLY: Objection.
JUDGE CANNONE: No. T’11 allow it.
MS. ALBERT: I didn’t come in contact with them like that.
BY MR. YANNETTI:
MR. YANNETTI: Well, the two of them certainly were not arguing?
MS. ALBERT: No, not that I saw.
MR. YANNETTI: You didn’t see any tension between them; correct?
MS. ALBERT: No.
MR. YANNETTI: And, I mean, given your, you know, family’s connection to law enforcement, you would not knowingly let someone drive a car if they were under the influence; correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: Everyone appeared to be having a good time that night; correct?
MS. ALBERT: Yes.
MR. YANNETTI: And that included John and Karen, from what you could see; correct?
MS. ALBERT: For the 10 minutes, 10, 15 minutes I was there, yes.
MR. YANNETTI: Okay. Now, after you left the Waterfall, it’s fair to say that you didn’t know precisely where your son Colin was that night; correct?
MS. ALBERT: I knew where he was.
MR. YANNETTI: Where was he?
MS. ALBERT: He was at his friend, Michael Leonetti’s. He left Michael Leonetti’s to stop to say happy birthday to my nephew Brian at 34 Fairview Road.
MR. YANNETTI: Okay. And you learned that from him; correct?
MS. ALBERT: Yes.
MR. YANNETTI: So you had learned that Colin was at 34 Fairview on January 29th of 2022; correct?
MS. ALBERT: January 28th.
MR. YANNETTI: So is it your testimony that you know that Colin left on Friday night as opposed to after midnight on January 29th?
MS. ALBERT: I don’t understand what you’re asking?
MR. YANNETTI: Well, what just occurred is I asked you whether you knew that your son Colin was at your sister-in-law Nicole’s and your brother-in-law Brian Albert’s house on January 29th and you just corrected --
MS. ALBERT: I’m sorry. It was after. I’m sorry. It was after midnight. So I got confused.
MR. YANNETTI: Not a problem. So the answer to my guestion is you learned that he was there on January 29th; correct?
MS. ALBERT: Yes, after midnight.
MR. YANNETTI: And you now know that that is the same house outside which John O’ Keefe was found dead that morning; correct?
MS. ALBERT: Yes, I do.
MR. YANNETTI: And one last question. You were interviewed by Trooper Proctor and it’s fair to say you never told him that Colin was there that night; correct?
MS. ALBERT: I don’t recall my interview.
MR. YANNETTI: I have no further questions. Thank you.
JUDGE CANNONE: All right. Mr. Lally?
MR. LALLY: Just briefly, Your Honor.