Trial 1 Transcript Julie Albert
Trial 1 / Day 9 / May 10, 2024
7 pages · 3 witnesses · 3,207 lines
Julie and Nicole Albert testified about the Waterfall and 34 Fairview Road, and Brian Albert began his testimony.
Julie Albert - Redirect
1

REDIRECT EXAMINATION BY MR. LALLY:

2 1:14:41

MR. LALLY: Good morning, Ms. Albert.

3 1:14:43

MS. ALBERT: Good morning.

4 1:14:44

MR. LALLY: Now, with reference to you were asked some guestions about 67 calls over a period from January, sorry, February to September; correct?

5 1:14:53

MS. ALBERT: Correct.

6 1:14:53

MR. LALLY: And that’s about seven months; is that right?

7 1:14:55
8 1:14:56

MR. LALLY: And roughly about 210 days or so?

9 1:14:58
10 1:15:00

MR. LALLY: Do you have other friends besides Ms. Proctor?

11 1:15:04
12 1:15:05

MR. LALLY: And versus some of your other friends, as far as those phone calls 67 times over 2010 days, is that more so, less so, or on average with --

13 1:15:16

MS. ALBERT: Less so.

14 1:15:19

MR. LALLY: Less. And at no point in time did you speak to Ms. Proctor that you recall about this case or talk to Trooper Proctor outside of that interview?

15 1:15:29

MS. ALBERT: Correct.

16 1:15:29

MR. LALLY: And the interview that you had with Trooper Proctor, there was another trooper present; correct?

17 1:15:33
18 1:15:34

MR. LALLY: And you were just asked some questions about meeting with some other troopers this year in 2024; correct?

19 1:15:39

MS. ALBERT: Correct.

20 1:15:39

MR. LALLY: And fair to say none of those troopers was Trooper Proctor; correct?

21 1:15:43

MS. ALBERT: Correct.

22 1:15:44

MR. LALLY: And also wasn’t the trooper that was with Trooper Proctor when you spoke to him?

23 1:15:47

MS. ALBERT: Correct.

24 1:15:48

MR. LALLY: And they asked you questions. You had at least two interviews with them; is that correct?

25 1:15:53

MS. ALBERT: Correct.

26 1:15:54

MR. LALLY: And you voluntarily went to those interviews?

27 1:15:57
28 1:15:57

MR. LALLY: You answered their questions?

29 1:15:58
30 1:15:59

MR. LALLY: They asked for your phone?

31 1:16:01

MS. ALBERT: Yes. When I was sitting there they looked at my phone, yes.

32 1:16:04

MR. LALLY: So they asked for your phone and you provided your phone?

33 1:16:06
34 1:16:07

MR. LALLY: Voluntarily, nobody threatened you with a search warrant or anything like that?

35 1:16:10
36 1:16:23

MR. LALLY: You were asked some questions about timing. And I promise there’s no math that I’m asking in this. But you’ve had to walk outside when it’s cold outside; correct?

37 1:16:34
38 1:16:34

MR. LALLY: Okay. Do you tend to walk faster or slower when it’s cold outside?

39 1:16:39

MS. ALBERT: Faster, me personally.

40 1:16:41

MR. LALLY: When you went over to your in-law’s house on the morning of January 29th to drop off donuts for your nephew, you weren’t expecting to go inside; correct?

41 1:16:56

MS. ALBERT: Correct.

42 1:16:57

MR. LALLY: You weren’t expecting to be standing around talking to people about a friend of yours potentially having died at that point on the front lawn?

43 1:17:07
44 1:17:08

MR. LALLY: Nothing further, Your Honor.

45 1:17:09

MR. YANNETTI: May we approach?

46 1:17:10

JUDGE CANNONE: Okay. Jurors, feel free to stand up and stretch if you’d like.

sidebar Recross Text Message Scope
47

(Whereupon, there was a sidebar conference as follows:)

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MR. YANNETTI: I didn't want to do this without the Court's permission. I don't know that Mr. Lally has opened the door to this but I neglected to ask this witness about the text messages that they exchanged. It may be just a couple of guestions just to --

49 1:17:13

JUDGE CANNONE: Who is "they"?

50 1:17:15

MR. YANNETTI: I'm sorry. This witness and Courtney Proctor. She had testified that rarely did they call. It was mainly with text messages. I just wanted to highlight in addition to the 67 calls, there were numerous text messages. I wouldn't go deeply into it. But, again, I realize he is not opening the door. I'd have to get the Court's permission to do that on recross.

51 1:17:41

JUDGE CANNONE: What's the Commonwealth's position?

52 1:17:42

MR. LALLY: It's outside the scope.

53 1:17:44

JUDGE CANNONE: So is that an objection?

54 1:17:46

MR. LALLY: Yes.

55 1:17:46

JUDGE CANNONE: I'm going to sustain the objection.

56 1:17:49

MR. LALLY: Thank you.

57 1:17:49

JUDGE CANNONE: So while you're here, a couple of things. In an effort to move this case along, with the next witness, not everybody needs to identify the inside of the Waterfall. They can certainly identify where they sat or whatever you want. Just the basics.

58 1:18:07

MR. LALLY: I'm done with the video from the Waterfall until --

59 1:18:11

JUDGE CANNONE: Okay. But the repetitive nature, like it was with the storm. So if we can try and avoid that.

60 1:18:18

MR. LALLY: Uh-huh.

61 1:18:19

JUDGE CANNONE: And maybe it's just a personal pet peeve, but --

62 1:18:23

MR. LALLY: What am I doing?

63 1:18:24

JUDGE CANNONE: The first question, we've never met. Sometimes it's two questions. No, it's not just that I don't like it. You're not testifying. And I would have let it go, but Mr. Jackson picked up on it and started doing it a couple of times. If it becomes crucial to it, ask for permission by coming to sidebar.

64 1:18:47

MR. LALLY: Okay. That's fine.

65 1:18:48

JUDGE CANNONE: And sometimes it might. I've had occasions where -- one occasion where I had to do it and I never did it.

66 1:18:57

MR. LALLY: Gotcha.

67 1:18:57

JUDGE CANNONE: But in an effort to sort of move things along. I think we have this issue now before your next witness?

68 1:19:05

MR. LALLY: Yes.

69 1:19:06

JUDGE CANNONE: I was told Mr. Bradl was here, and then I received something saying Mr. Bradl had no idea about this motion. I don't know if he's even planning on being here.

70 1:19:18

MR. YANNETTI: I texted him when I saw him in -- I was actually in the process of texting him to notify him. I didn't know if he knew or not.

71 1:19:29

JUDGE CANNONE: I saw him in the hall when I came in.

72 1:19:33

MR. YANNETTI: I think he knows now. Yeah.

73 1:19:36

JUDGE CANNONE: So that's what I called Mr. Rose for, to order bagels and coffee for the jurors in case this takes a while. Let me send them out, and then we'll figure out what we are going to do.

74

(Whereupon, the sidebar conference concluded.)

75 1:19:51

JUDGE CANNONE: Jurors, we’re going to take sort of an early morning recess. You’re actually complete. Your testimony, Ms. Albert, is complete.

76 1:19:59

MS. ALBERT: Thank you.

77 1:20:00

JUDGE CANNONE: So let’s let the jurors go out first. Because we’re doing something that may take a little while, we got you coffee and bagels. It will be a little bit longer break for you. Okay.

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(Whereupon, the jury was escorted from the courtroom and the witness is excused.)

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