Commonwealth v. Read — Trial ArchiveNicole Albert - Cross
449 linesMS. LITTLE: Thank you. Good afternoon, Miss Albert.
MS. ALBERT: Hello.
MS. LITTLE: You were at the Waterfall Bar & Grille on January 29th for approximately four and a half hours. Is that correct?
MS. ALBERT: Um, I was there from say quarter of 8, 8, till about midnight. About four hours.
MS. LITTLE: Yeah. And you were there with a group of individuals, including Brian Albert, Jennifer McCabe, Matt McCabe, Julie Albert, Chris Albert, Caitlin Albert, and Tristin Morris, and then were later joined by Brian Higgins. Correct?
MS. ALBERT: Yes.
MS. LITTLE: Okay. You testified that John O'Keefe and Karen Read joined your group around 11 p.m. Is that right?
MS. ALBERT: Approximately.
MS. LITTLE: Over the course of those four hours that you were there, um, did you see any sort of tension whatsoever— between John O'Keefe and Miss Read?
MS. ALBERT: Well, no. They were only there for an hour when I was there, but I didn't have really any interaction with them. But no, I didn't see anything.
MS. LITTLE: But based on your observations, they appeared — everyone appeared generally happy and in good spirits?
MS. ALBERT: Correct. Yep.
MS. LITTLE: At any point while you were at the Waterfall Bar and Grille, did you observe Karen Read stumbling, slurring her words, or otherwise appearing to be under the influence?
MS. ALBERT: I did not, but again, I never engaged in any sort of conversation with her.
MS. LITTLE: Did you observe your husband and Brian Higgins engaging in sort of practice fighting techniques while you were at the Waterfall Bar and Grille?
MS. ALBERT: I saw them fooling around with each other, yeah.
MS. LITTLE: Okay. Your Honor, if I could show just a screenshot of a video that's been previously marked — a screenshot of it?
JUDGE CANNONE: Sure.
MS. LITTLE: Yes. So can you take this down just until the witness has it, please?
JUDGE CANNONE: I thought you were just showing the screenshot. You want to show it up here?
MS. LITTLE: Um, yes. Okay.
JUDGE CANNONE: So what are you doing? Should we mark that as an exhibit, or —
MS. LITTLE: I don't think there's a need to.
JUDGE CANNONE: I thought you were showing something to the jurors — that you were just — I could show you the photograph. All right, so we will mark it for identification. Miss Albert — so, hold on, we need to — so we'll mark it for identification. So we'll take it from the witness for a minute, please.
MS. LITTLE: Sorry.
PARENTHETICAL: [someone is]
MS. LITTLE: walking — yeah. But does that appear to be your husband to the left, kind of in a fighting stance?
JUDGE CANNONE: We'll mark it for identification. But this is incorporated in what exhibit number?
MS. LITTLE: I believe it's Exhibit 503.
JUDGE CANNONE: 53. All right, just so our record's clear. Thank you. [unintelligible — exhibit marked for identification] Thank you. All right, so now you can — just a minute. I just — I haven't seen what the witness is looking at.
MS. LITTLE: Okay, thank you.
JUDGE CANNONE: Okay, thank you very much. Thank you. All right, so you want to display it on the screen now, Miss Little?
MS. LITTLE: Yes. Okay. Sure, go right ahead. Miss Albert, do you see the two individuals sort of in the closest frame to us with their backs turned to us — two males?
MS. ALBERT: Yeah, I know it's kind of hard to see, yeah.
MS. LITTLE: Who is the man that has just been zoomed in with the logo on the back of his sweatshirt?
MS. ALBERT: I believe that's Brian Higgins.
MS. LITTLE: Okay. And then the person — the person with that sweatshirt — you said Brian Higgins?
MS. ALBERT: I think, yeah. It's a little hard to tell.
MS. LITTLE: The other individual who's standing right next to him — I know this is kind of hard to see because
MS. ALBERT: Yeah, I think so.
MS. LITTLE: Okay. Miss Albert, when your husband drinks, does he — I'm sorry, are we taking this down or keeping it up?
JUDGE CANNONE: Yes, you can take it down.
MS. LITTLE: Okay, thank you. Miss Albert, when your husband drinks, does he often get into sort of these practice sparring, practice fighting stances? Is that common for him?
MR. LALLY: Objection.
JUDGE CANNONE: I'm going to allow it.
PARENTHETICAL: [sidebar — inaudible]
MS. ALBERT: No, I don't think so.
MS. LITTLE: So this type of behavior was unusual for him?
MS. ALBERT: No, I think they were just fooling around. I don't think there was anything much to it.
MS. LITTLE: My question was, is it unusual for you to see him sort of practice fighting?
MS. ALBERT: I wouldn't call that practice fighting. I think they were just fooling around, and yeah, maybe I've seen him do that other times, but it was fooling around. They weren't practicing.
MS. LITTLE: Let me put this a different way. You do know that your husband is a highly trained fighter, correct?
MR. LALLY: Objection.
JUDGE CANNONE: I'll allow that.
MS. ALBERT: Absolutely not.
MS. LITTLE: Your husband has no fighting experience whatsoever — a highly trained fighter?
MS. ALBERT: No, he's not.
MS. LITTLE: He has boxing experience, correct?
MR. LALLY: Objection.
JUDGE CANNONE: I'm going to see you at sidebar on this, please.
MS. LITTLE: Miss Albert, your husband has boxing experience, correct?
PARENTHETICAL: [pause]
MS. ALBERT: Yes.
MS. LITTLE: He also has fighting experience from his training in the military, correct?
MS. ALBERT: I don't know what fighting experience from the military means. I mean, he was in the Marine Corps. He was out of the Marine Corps in 1992, but —
MS. LITTLE: He had training through the Marine Corps and through the Boston Police Department with fighting and defensive tactics, correct?
MS. ALBERT: I assume so.
MS. LITTLE: Miss Albert, you testified earlier that you left the Waterfall around — I believe 11:45 — is that correct?
MS. ALBERT: No, I said I think closer to 12.
MS. LITTLE: Okay. Could I show you what's been previously marked as Exhibit 53? Your Honor, permission to publish Exhibit 53?
JUDGE CANNONE: Okay.
MS. LITTLE: Mr. Woll, if I could have you start the video at 5:14. If you could pause this video — no — I don't — do you see the woman that's in the lower quadrant? Do you recognize that individual at all?
MS. ALBERT: I don't. It's so — I can't tell who that is.
MS. LITTLE: I know this is not the best video, so I'll play a little bit more and see if you might be able to recognize it. You don't recognize who that individual is?
MS. ALBERT: I mean, it could be me, I'm not sure. I can't really tell.
MS. LITTLE: All right, so this is an instance where the video has to speak for itself.
JUDGE CANNONE: Right. You could play just for a little bit longer.
MS. LITTLE: Did you recognize the woman that just sort of walked forward?
MS. ALBERT: Yes. Now seeing the coat, I recognize that it's me.
MS. LITTLE: Thank you. And did you see what was in your hand as you walked by?
MS. ALBERT: I don't.
MS. LITTLE: You could play just a little bit more. Miss Albert, do you see that you appear to be holding something?
MS. ALBERT: Yes.
MS. LITTLE: What is that?
MS. ALBERT: Looks like a can.
MS. LITTLE: And what time is that video taken?
MS. ALBERT: 11:58.
MS. LITTLE: That would have been approximately the time that you were leaving the Waterfall Bar and Grille?
MS. ALBERT: Yep.
MS. LITTLE: You guys had a fun night. It looks like you kind of grabbed the White Claw, you're about to leave — is that correct?
MS. ALBERT: Yes.
MS. LITTLE: Okay. You testified earlier that you got home — so can we turn the lights back on?
JUDGE CANNONE: Okay, thank you.
MS. LITTLE: Okay, thank you, Your Honor. Let me switch gears a little bit. You testified earlier that there are four cars that are usually parked in the driveway at 34 Fairview, correct?
MS. ALBERT: Yes.
MS. LITTLE: And you listed at least the make and model of about three of those vehicles — yeah, do you recall that?
MS. ALBERT: Yep.
MS. LITTLE: You said there's a Cadillac that usually is parked in your driveway, there's a Ford Explorer, and there's a Ford Escape, correct?
MS. ALBERT: Correct.
MS. LITTLE: But you also said there's a fourth car that's your husband's work vehicle?
MS. ALBERT: Yes, yeah.
MS. LITTLE: What type of car is that?
MS. ALBERT: That's a Ford Edge. A black Ford Edge.
MS. LITTLE: Yes. Yep. Is there a reason that you didn't want to state or commit to that in front of this jury when you originally testified?
MS. ALBERT: No, there's no reason. I was just trying to think of all the different cars — we have five kids, we've had a lot of different vehicles. I was just — I had just — I remembered it.
MS. LITTLE: News coverage in this case has revealed the importance of a Ford Edge —
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MS. LITTLE: In your mind, a Ford Edge has significance to this case?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: No. Can you answer that?
MS. LITTLE: Does a Ford Edge have significance in this case to you?
MS. ALBERT: I've heard it talked about, yeah.
MS. LITTLE: And what you've heard talked about is that an eyewitness —
MR. LALLY: Objection.
JUDGE CANNONE: I'm going to stop you on that. Objection sustained.
MS. LITTLE: Miss Albert, you know there's significance of the Ford Edge, and that's the one that you did not mention in your initial testimony, correct?
JUDGE CANNONE: So I'm going to allow that question. Can you answer that?
MS. ALBERT: There — I just was trying to think of every — all the different makes and models. I did not purposely not say that.
MS. LITTLE: Okay. — strike that. You testified earlier that you weren't sure exactly where Brian Higgins parked that night when he arrived at your house, correct?
MS. ALBERT: Right.
MS. LITTLE: And you said "I'm not sure," but then you give a pretty vivid description about him being parked — you think in front of the house by the mailbox, facing away from your residence — correct?
MS. ALBERT: Yep.
MS. LITTLE: Is that statement something that's from your personal recollection, or something that you've discussed with other witnesses in this case?
MS. ALBERT: No, it's from my personal recollection. What I'm pretty sure I remembered is he pulled in first, he backed out so we could pull in, and then I'm pretty sure he pulled out and parked along the curb by the mailbox.
MS. LITTLE: So you haven't discussed that statement with any other witnesses in this case?
MS. ALBERT: I don't remember. I don't — I don't think so.
MS. LITTLE: You testified earlier that when you arrived at 34 Fairview, your son Brian Albert Jr. was there, Julie Nagel was there, Sarah Levinson was there, and your nephew Colin Albert was also present, correct?
MS. ALBERT: Yes.
MS. LITTLE: Okay. Can you describe sort of your interaction with Colin Albert when he walked in the door?
MS. ALBERT: It was literally — I was coming in — I think we almost bumped into each other. I said I didn't realize he was there. I said, "Hey, what are you doing here?" He said, "Oh, I just came by to see Brian, but my ride's on its way. I'm about to leave." And I said, "Oh, okay." I said, "All right, I'll see you," and he just kind of continued on and went out the door.
MS. LITTLE: So when you first testified, I believe you stated that you saw Colin seated at the table with Brian Jr., correct?
MS. ALBERT: When I testified — when, earlier — Today I don't believe I said that.
MS. LITTLE: Shortly after — no?
MS. ALBERT: I don't believe I said that.
MS. LITTLE: You never said that he was initially seated with Brian?
MS. ALBERT: No. I'm pretty sure I said when I walked in I immediately saw him.
MS. LITTLE: So when you walked in the door, you're saying he was already leaving — correct?
MS. ALBERT: He was standing and looked to me like he was getting ready — someone was coming to pick him up.
MS. LITTLE: Got it. And when you pulled up with Brian Higgins and Brian Albert, that all happened around the same time?
MS. ALBERT: Correct. Yes.
MS. LITTLE: And you have never mentioned seeing any other vehicle waiting outside the house for Colin when you were backing —
MS. ALBERT: Correct. No.
MS. LITTLE: You didn't observe another vehicle outside the house?
MS. ALBERT: No. I'm not saying — he said to me, "My ride's almost here, I'm leaving," so I didn't see anything outside about his ride.
MS. LITTLE: And it was cold outside that night?
MS. ALBERT: Yeah.
MS. LITTLE: So he sort of walked out the door before his ride arrived?
MS. ALBERT: I don't know if he went and stood and waited by the door. I came in the house and, like I said, I immediately said hello to my son, his friends. I went and started doing my cleaning, and I didn't really pay attention, but I assume he left because I didn't see him again.
MS. LITTLE: So you're not sure if he was sort of standing by the front door?
MS. ALBERT: I'm not — — sure. I mean, he could have been standing there waiting. He said his ride was about to be there.
MS. LITTLE: Okay. But you didn't see him leave?
MS. ALBERT: I did not see him leave.
MS. LITTLE: You testified that your German Shepherd Chloe was also at the house when you arrived home on January 29th?
MS. ALBERT: Correct. Yes.
MS. LITTLE: She's a large German Shepherd?
MS. ALBERT: Yep.
MS. LITTLE: About 70 lbs? She's not great with strangers.
MS. ALBERT: I wouldn't say that.
MS. LITTLE: You wouldn't say that? It's kind of a poorly worded question. Would you say that she's good with strangers?
MS. ALBERT: I'd say she's fine with strangers.
MS. LITTLE: Fine with strangers?
MS. ALBERT: Yeah.
MS. LITTLE: She's definitely not good with other animals, is she?
MS. ALBERT: No, she did not like other dogs. Chloe actually — — has a well-documented fight history, doesn't she?
MR. LALLY: Objection.
MS. ALBERT: Does she? With dogs — a couple dogs, yes.
MS. LITTLE: Miss Albert, she also has a bite history with humans, doesn't she?
MR. LALLY: Objection.
JUDGE CANNONE: Ask that differently.
MS. LITTLE: Miss Albert, Chloe has injured other humans, hasn't she?
MR. LALLY: Objection.
JUDGE CANNONE: I'm going to allow that.
MS. ALBERT: In one incident in May of '22, when she got out and was fighting with another dog — the woman who was dog sitting — was trying to break up the two dogs, and while she was trying to break up the two dogs, she got injured.
MS. LITTLE: There are actually two individuals who were injured in that incident, correct?
MS. ALBERT: Well, there were two women, but I believe just one woman — from what I understand — had an — — injury from Chloe. The other one may have fallen or something, but I'm not sure 100%.
MS. LITTLE: There were two women who were actually taken to the hospital after that incident, correct?
MS. ALBERT: Yes. A neighbor had called the police, or called an ambulance, just to make sure they were okay.
MS. LITTLE: And you mentioned that Chloe had actually escaped from the backyard?
MS. ALBERT: Mm-hmm. And that incident, yes.
MS. LITTLE: And that happens from time to time in your house?
MS. ALBERT: It had happened a few times, yes.
MS. LITTLE: And Mr. Albert let Chloe out when he arrived that night?
PARENTHETICAL: [sidebar]
JUDGE CANNONE: Okay. All right. Thank you. Okay, Miss Albert, you're aware that we actually subpoenaed records regarding Chloe and her bite history, correct?
MS. ALBERT: Yep.
MS. LITTLE: Miss Albert, you don't have Chloe anymore, do you?
MS. ALBERT: Nope.
MS. LITTLE: In May of 2022 — four months after Mr. O'Keefe's death — you got rid of your family dog of six years —
MR. LALLY: Objection.
JUDGE CANNONE: So is that true — is that when you got rid of your dog?
MS. ALBERT: I did not get rid of my dog. I rehomed my dog.
MS. LITTLE: Your dog is no longer in the Canton area?
MS. ALBERT: Correct. No, but I know where she is. She's in Vermont. And that previous testimony — that information has all been given. So if she was ever needed for anything, we know where she is.
MS. LITTLE: Is that testimony given to the defense?
MS. ALBERT: Uh, probably was.
MS. LITTLE: I was present at the hearing where you testified about this.
MR. LALLY: Objection. Your Honor.
JUDGE CANNONE: Sustained.
MS. LITTLE: Your Honor, may I approach?
JUDGE CANNONE: Sure.
MR. LALLY: Objection. Was it from this witness?
MS. LITTLE: It was.
JUDGE CANNONE: That's a yes or no from there.
MS. ALBERT: Yes or no? Well, it was — it was from a custodian.
JUDGE CANNONE: Okay, I'm going to sustain the objection.
MS. LITTLE: All right. Miss Albert, I want to direct your attention back to the early morning of January 29th. You testified that everyone who arrived at your house just after midnight was sort of generally gathered at the table in the kitchen area, correct?
MS. ALBERT: Correct. Yes.
MS. LITTLE: And over the course of that evening, you had never heard any sort of disruption inside, correct?
MS. ALBERT: No.
MS. LITTLE: You didn't hear a crash?
JUDGE CANNONE: Needs to be an answer, sorry.
MS. ALBERT: No.
MS. LITTLE: You certainly never heard any screaming or yelling?
MS. ALBERT: No.
MS. LITTLE: And you never heard the — — screech of any brakes outside?
MS. ALBERT: Correct. Correct.
MS. LITTLE: On July 20th, 2023, you testified before a grand jury — and Mr. Lally was not there, correct?
MS. ALBERT: Correct.
MS. LITTLE: And ADA McLaughlin was also not there, correct?
MS. ALBERT: Correct.
MS. LITTLE: Okay. Do you recall that?
MS. ALBERT: Yes.
MS. LITTLE: And you were specifically asked during the course of that hearing where everyone was positioned around the table that night. You remember that sort of line of questioning?
MS. ALBERT: Yeah.
MS. LITTLE: And you explained that your sister Jennifer was seated next to Brian Jr.
MR. JACKSON: Is there a question?
JUDGE CANNONE: We're getting to that question, so go ahead.
MS. LITTLE: You were very specific about how people were seated at that table that night. Do you remember that — — testimony? You explained that Jennifer was seated next to Brian Jr. and Matt McCabe was across from him. Do you recall that?
MS. ALBERT: Yep.
MS. LITTLE: But when you were asked where your husband and Brian Higgins were positioned at the table, you weren't able to place them there?
MS. ALBERT: That is not true, because I don't believe they ever sat at that table.
MS. LITTLE: And what you told the grand jury during that hearing was that at least at one point they had left the room and they were outside of your view, correct?
MS. ALBERT: I'm not sure I said that.
MS. LITTLE: You told the grand jury that you were cleaning and you weren't sure where they went, correct?
MS. ALBERT: Well, initially, when I first came in the house and I was doing my — — thing, I don't remember exactly where they were.
MS. LITTLE: You told the grand jury that you don't recall seeing them at the table, but you don't recall where they went because you were kind of focused on cleaning, correct?
MS. ALBERT: Right.
MS. LITTLE: And there was one point at which you said that you joined them in the family room — is that right? But while you were cleaning, you said "I don't really know what they were doing, but they weren't there," correct?
MS. ALBERT: Yes.
MS. LITTLE: So you recall your husband and Brian Higgins left you and went to some other place in the house that evening?
MS. ALBERT: Correct. They could have.
MS. LITTLE: Miss Albert, how many steps is it from the front door to the — — basement steps? It's a poorly worded question — I will rephrase it. When you open the front door of your house, how many steps does it take to get to the door to the basement?
PARENTHETICAL: [sidebar]
JUDGE CANNONE: Okay. Miss Little, maybe you can clarify that?
MS. ALBERT: Um — four or five.
MS. LITTLE: You testified earlier that Brian Higgins left 34 Fairview first, correct?
MS. ALBERT: Yes.
MS. LITTLE: Then Matt McCabe, Jennifer McCabe, Sarah Levinson, and Julie Nagel left together, correct?
MS. ALBERT: Yes.
MS. LITTLE: And the very last person to leave your house that night — you said today under oath — was your daughter Caitlin?
MS. ALBERT: Yes.
MS. LITTLE: And you said she left your house close to 2:00 a.m., is that right?
MS. ALBERT: Yeah.
MS. LITTLE: Miss Albert, that's not what you told Sergeant Lank on January 29th, 2022, is it?
MS. ALBERT: I don't recall what I told him.
MS. LITTLE: Would it refresh your recollection to take a look at your statement to Sergeant Lank?
MS. ALBERT: Sure.
MS. LITTLE: May I approach the witness, Your Honor?
JUDGE CANNONE: Yes.
MS. LITTLE: I'd like to direct your attention to page two of the — would you show the prosecutor, please?
MS. ALBERT: Yes.
JUDGE CANNONE: You may. We approach this briefly?
MS. LITTLE: Sure. May I approach?
JUDGE CANNONE: Yes. Okay.
MS. LITTLE: I'd like you to take a look at page two, and you don't need to read it out loud. If you could read this very last paragraph here — or actually this section right here — the second paragraph from the bottom. You don't need to read it out loud, just look up once you're done.
JUDGE CANNONE: Are you going to clarify that, Miss Little? It's a statement.
MS. LITTLE: Oh, um — may I approach, Your Honor?
JUDGE CANNONE: Miss Albert, this is just a police — — report containing an interview that was conducted by Sergeant Lank on January 29th, is that right?
MS. ALBERT: Yes. The morning of.
MS. LITTLE: Thank you. Have you had a chance to — is your recollection refreshed?
MS. ALBERT: Yeah.
MS. LITTLE: Isn't it true that you told Sergeant Lank that your daughter left at 12:15 on January 29th?
MS. ALBERT: I do not recall saying that. I've maintained in every interview and testimony I've had that she was the last to leave. So I don't know — it was very confusing that morning. Sergeant Lank was trying to ask everybody, "Where had you been, where had you been, when did you get here, when did you leave?" I don't know if somehow it was misconstrued, but I've always maintained — — that Caitlin was the last to leave.
MS. LITTLE: And that's because Sergeant Lank was talking to everyone at the same time, correct?
MS. ALBERT: Yeah. I mean, we're sitting around the table — it was a little — everyone was, you know, we're all in shock — and it was a little confusing.
MS. LITTLE: Sure. It was more of a conversation than an interview, is that right?
MS. ALBERT: I guess you could say that, yes.
MS. LITTLE: Do you deny saying that to Sergeant Lank?
MS. ALBERT: I don't believe I said that. I think maybe someone was saying, "Oh, Jen and Ma got there at 12:15," and he misunderstood it — got misconstrued later in his notes. But I've always said, in any other time I was questioned, that my daughter was the last one to leave.
MS. LITTLE: So you weren't trying to protect your daughter?
MS. ALBERT: No.
MS. LITTLE: You were forthcoming about always providing the troopers with information about the individuals who were present?
MS. ALBERT: Yes.
MS. LITTLE: Miss Albert, you and your family discussed this case at length before your interviews with law enforcement, correct?
MR. LALLY: Objection.
JUDGE CANNONE: I'll allow it.
MS. ALBERT: Of course. We discussed the case, but just everything that was going on. We were trying to figure out what happened.
MS. LITTLE: And you testified that you spoke to Trooper Proctor on February 3rd, 2022, is that correct?
MS. ALBERT: Yes.
MS. LITTLE: That would be six days after [unintelligible], is that right?
MS. ALBERT: Yep.
MS. LITTLE: And that's the very first time that you were ever interviewed by Massachusetts State Police?
MS. ALBERT: Yes. Yep. Aside from that sort of conversation you described with the sergeant. Yeah. Yeah.
MS. LITTLE: When you spoke to Trooper Proctor on February 3rd, 2022, you left a lot of names out of individuals who were present at your house on the morning of January 29th, 2022, isn't that correct?
MS. ALBERT: I'm not sure who was left out.
MS. LITTLE: Did you tell Trooper Proctor that your son Brian Albert Jr. was home that night?
MS. ALBERT: Was home the night of his birthday?
MS. LITTLE: What do you mean?
MS. ALBERT: Yes, the night of his birthday. Well, yeah. It was — he was home with his friends.
MS. LITTLE: Did you tell that to Trooper Proctor?
MS. ALBERT: I assume I did.
MS. LITTLE: So if it wasn't in the report, that would have been his mistake?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MS. LITTLE: Did you tell Trooper Proctor your daughter Caitlin Albert returned home with you after the Waterfall?
MS. ALBERT: I believe so.
MS. LITTLE: Did you tell Trooper Proctor that your son had two female friends at your house when you arrived?
MS. ALBERT: I believe so.
MS. LITTLE: And notably, did you tell Trooper Proctor that Colin Albert was present at your house?
MS. ALBERT: You know, I probably didn't, because anytime I was questioned about who was there — to me, it was who was there afterward, hanging out, from like the 12:15 point on. I didn't consider Colin as being there because I literally crossed paths with him — he left, and I didn't consider him being a part of the group that was there.
PARENTHETICAL: [Sidebar]
JUDGE CANNONE: So, Miss Little, we're going — Miss Little, we're going to mark what you have in your hand for identification.
MS. LITTLE: Were you asked who was at the house that night?
MS. ALBERT: I assume he asked that. But I also didn't mention the people that my son had — previously, because I didn't consider them as part of the people that I was with when I got home.
MS. LITTLE: You never mentioned Colin Albert to Trooper Proctor, correct?
MS. ALBERT: Correct.
MS. LITTLE: And you never mentioned Colin Albert to Sergeant Lank, correct? Miss Albert, you knew that if you gave Trooper Proctor the name of your nephew, that he would have to interview him, correct?
MR. LALLY: Objection.
JUDGE CANNONE: All right, I'm going to sustain that objection.
MS. LITTLE: You didn't want your kids or your nephew to have to tell the police what they saw, what they heard, and what they did that night?
MR. LALLY: Objection.
JUDGE CANNONE: I'm going to allow that.
MS. ALBERT: That is not true.
MS. LITTLE: But you never told Trooper Proctor about Colin Albert.
MS. ALBERT: I didn't mention Colin because I didn't consider him as part of the group that we were hanging out with after the Waterfall, because he left as soon as I walked in. I wasn't even — didn't even think of him. Didn't even think of him.
MS. LITTLE: No? Didn't think it might be important for the state trooper who was investigating this case to know the individuals who were leaving at the precise time that Mr. O'Keefe and Ms. Read arrived at the house?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MS. LITTLE: Miss Albert, what's the first thing you remember waking up to on the morning of January 29th?
MS. ALBERT: My sister barging into my bedroom.
MS. LITTLE: Your Honor, if we could approach?
JUDGE CANNONE: Okay, approach.
MS. LITTLE: Thank you. Robert, I'd like to — would you just show her the photograph? Albert, do you recognize that photograph?
MS. ALBERT: Yep.
MS. LITTLE: What is it?
MS. ALBERT: It's a picture of my house.
MS. LITTLE: Does it appear to be generally to scale?
MS. ALBERT: Yep.
MS. LITTLE: You recognize sort of the flagpole in the yard?
MS. ALBERT: Yes. The house. Yep.
MS. LITTLE: The driveway?
MS. ALBERT: Mm-hmm.
MS. LITTLE: And that looks accurate in terms of scale, correct?
MS. ALBERT: Yes.
MS. LITTLE: Permission to publish.
JUDGE CANNONE: Sure.
MS. LITTLE: Albert, where is your bedroom located? Would you show it?
MS. ALBERT: Right up here.
MS. LITTLE: So your bedroom is in that upper left-hand quadrant, correct?
MS. ALBERT: Yes.
MS. LITTLE: The far left window — that's your bedroom window?
MS. ALBERT: Yep. Is that right? Yep. The two of them.
MS. LITTLE: So on January 29th, you had two bedroom windows on the left side of the house that were facing the front lawn, where Mr. O'Keefe's body was found, correct?
MS. ALBERT: Yes.
MS. LITTLE: You're aware that Ms. Read, Jennifer McCabe, and Kerry Roberts arrived outside your property around 6:04 a.m., correct?
PARENTHETICAL: [Crosstalk/inaudible]
MS. ALBERT: Yes.
MS. LITTLE: Did you hear any fire trucks that morning?
MS. ALBERT: I did not.
MS. LITTLE: Did you hear any ambulances?
MS. ALBERT: I did not.
MS. LITTLE: You didn't see the flashing lights of emergency vehicles outside your bedroom window?
MS. ALBERT: I did not. My blinds were shut, my curtains were closed. I did not see anything.
MS. LITTLE: You testified the very first thing you remember was Jennifer McCabe waking you up in your bedroom —
JUDGE CANNONE: Sorry, just to keep track — are we going to take this down now, Miss Little?
MS. LITTLE: We keep the lights on. I just — I just want to keep track of that.
JUDGE CANNONE: Okay.
MS. LITTLE: What time was that?
MS. ALBERT: I thought it was somewhere between 6:00 and 6:30. I need a moment.
MS. LITTLE: Sure. If I told you it was around 6:45, based on video surveillance footage, would you quarrel with that?
MS. ALBERT: If that's what you say, okay.
MS. LITTLE: Does that sound about right to you?
MS. ALBERT: Yep. I — I initially — I just said 6:30. I wasn't quite sure.
MS. LITTLE: Miss Albert, what about the two calls that you received from your sister at 6:07 and 6:08 a.m., which were answered?
MS. ALBERT: I never answered any phone calls from my sister that morning.
MS. LITTLE: You're aware that the Cellebrite records indicated that you answered two calls from your sister?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Sustained.
MS. LITTLE: You could take a look at this.
MR. LALLY: The report — Miss Albert, you received — if I — again, if I could just see what's being shown to the witness before.
JUDGE CANNONE: Thank you. May we approach? Okay, I'm going to take that, please. [unintelligible] All right, so let's mark this for identification, please, Miss Little.
MS. LITTLE: Thank you.
JUDGE CANNONE: Okay. And you can give it back to Miss Albert. Thank you. And you can go back and ask a question, and let's see where we go with this.
MS. LITTLE: Miss Albert, do you recognize this document?
MS. ALBERT: I recognize it.
MS. LITTLE: Do you know what it is?
MS. ALBERT: Well, yeah, I see what it is.
MS. LITTLE: Does it refresh your recollection as to the two calls you received on the morning of January 29th?
MS. ALBERT: It says here two calls are placed.
JUDGE CANNONE: Okay, don't read it, but you were asked a specific question, so if you could answer the question, please.
MS. LITTLE: Does that refresh your recollection as to the two calls you received from your sister on the morning of January 29th?
MS. ALBERT: She may have placed those phone calls to me, but I never answered them.
MS. LITTLE: You received a call from Jennifer McCabe on January 29th at 6:07 a.m. that lasted for 9 seconds, correct?
MS. ALBERT: She may have placed a phone call to me. I never answered it. I never spoke to her that morning.
MS. LITTLE: You also received a second call from your sister at 6:08 a.m. that lasted for 7 seconds, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Go ahead and answer.
PARENTHETICAL: [sidebar]
JUDGE CANNONE: The parties have stipulated that Exhibit X is a graphic representation of 34 Fairview Road and not a photo. Okay. Sure. Now you can approach the witness. Oh, you just want to put it into evidence now? Okay, so that will be our next exhibit. Madam court reporter, thank you. We actually need — — to approach.
MS. ALBERT: It says that, but I never answered a phone call from my sister Jennifer that morning.
MS. LITTLE: You're aware that cell phone companies have what are called toll records, correct — that show if there's a voicemail or something of that nature?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: [Ruling unclear.] Just — Albert, answer the question.
MS. LITTLE: It's your testimony here today that you never spoke to your sister that morning?
MS. ALBERT: I never spoke to my sister on the phone that morning.
MS. LITTLE: Who else was in your bedroom that morning?
MS. ALBERT: Me and my husband.
MS. LITTLE: You and Brian Albert were the only two individuals who could have answered those calls that morning, correct?
MS. ALBERT: Were the only two people in the room, besides the dog.
MS. LITTLE: And at 6:07 a.m. — Someone had a 9-second call with Jennifer, correct?
MR. LALLY: Objection.
JUDGE CANNONE: All right, sustained. And you've got more for this witness, I imagine, Miss Little?
MS. LITTLE: Yes, your honor.
JUDGE CANNONE: Okay, so we'll take the lunch recess, folks. It's 1:00. Sorry. Goodbye. Okay. [lunch recess]
COURT OFFICER: You are unmuted. Thank you. Please be seated. Court is back in session. All right. Can we have Miss Albert, please.
JUDGE CANNONE: All right, Miss Little, whenever you're ready.
MS. LITTLE: Thank you, your honor. Your honor, before we start — Exhibit S, which was marked for identification, I believe the proper foundation is laid. I'd ask —
JUDGE CANNONE: So let's not do that from there. Let me see it, please.
MS. LITTLE: Sure.
JUDGE CANNONE: Do we have S — S as in Sam — or X? Identification, S as in Sam?
MS. LITTLE: Yes.
JUDGE CANNONE: Thank you. No — yes. Oh, wasn't today? Why don't you come to sidebar, folks.
MS. LITTLE: Miss Albert, you testified that Jennifer McCabe woke you up around 6:45 a.m., correct?
MS. ALBERT: I believe I said between 6:00 and 6:30, but could have been.
MS. LITTLE: That was what woke you up, correct?
MS. ALBERT: Yes.
MS. LITTLE: She obviously had access to the house?
MS. ALBERT: Yes.
MS. LITTLE: The door wasn't locked?
MS. ALBERT: Nope.
MS. LITTLE: That's sort of a typical practice for you?
MS. ALBERT: Yeah. It was just sometimes with the kids — the last one is supposed to lock it, they didn't, you know. It just wasn't always locked.
MS. LITTLE: And inside your house, you've had plenty of blankets and other items that could have been a comfort to a man laying in the snow, correct?
MR. LALLY: Objection.
JUDGE CANNONE: As to that form, I'm going to sustain the objection. You can ask the question a different way, Miss Little.
MS. LITTLE: Miss Albert, you had blankets inside of your house that could have helped someone freezing outside?
MR. LALLY: Objection.
JUDGE CANNONE: I'm going to sustain the objection. You can ask a shorter form of that question.
MS. LITTLE: Miss Albert, you have blankets in the house, correct?
MS. ALBERT: Yes.
MS. LITTLE: You were also lying next to a first responder, correct?
MR. LALLY: Objection.
JUDGE CANNONE: You can answer that.
MS. ALBERT: Yes.
MS. LITTLE: And neither you nor your husband came outside to help John, correct?
MS. ALBERT: We did not go outside because we had no idea what was going on outside. We were sound asleep until my sister came into my bedroom.
MS. LITTLE: No further questions.
JUDGE CANNONE: Okay. Mr. Lally?