Nicole Albert — Cross

MS. LITTLE: Good afternoon, Ms. Albert.

MS. LITTLE: You were at the Waterfall Bar & Grill on January 29th for approximately four and a half hours; is that correct?

MS. LITTLE: So about four hours?

MS. LITTLE: 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. LITTLE: Okay. You testified that John O’ Keefe and Karen Read joined your group around 11:00 p.m.; is that right?

MS. LITTLE: Over the course of those four hours that you were there did you see any sort of tension whatsoever between John O’ Keefe and Ms. Read?

MS. LITTLE: So, based on your observations, they appeared, everyone appeared generally happy and in good spirits; correct?

MS. LITTLE: At any point while you were at the Waterfall Bar & Grill did you observe Karen Read stumbling, slurring her words, or otherwise appearing to be under the influence?

MS. LITTLE: Did you observe your husband and Brian Higgins engaging in sort of practice fighting techniques while you were at the Waterfall Bar & Grill?

MS. LITTLE: Okay.

MS. LITTLE: Your Honor, if I could show just a screenshot of a video that’s been previously marked?

MS. LITTLE: Yes, Your Honor. May I approach --

MS. LITTLE: Yes, if that’s okay?

MS. LITTLE: Shall we mark that as an exhibit or --

MS. LITTLE: Okay.

MS. LITTLE: If I could show you this photograph.

MS. LITTLE: Ms. Albert, do you --

MS. LITTLE: I believe it’s Exhibit 53, Your Honor.

MS. LITTLE: Thank you.

MS. LITTLE: Yes, Your Honor.

MS. LITTLE: Ms. Albert, do you see the two individuals sort of closet to us, with their backs turned to us, two males?

MS. LITTLE: I know it’s kind of hard to see.

MS. LITTLE: Who is the man that has just been zoomed in with the logo on the back of his sweatshirt?

MS. LITTLE: Okay. And then the person -- so the person with that sweatshirt is, you said, Brian Higgins?

MS. LITTLE: And if you could zoom over to over to the other individual standing right next to him?

MS. LITTLE: And I know this is kind of hard to see because the number is blocking it.

MS. LITTLE: But does that appear to be your husband to the left, kind of in a fighting stance?

MS. LITTLE: Okay. Ms. Albert, when your husband drinks does he often --

MS. LITTLE: Yes, Your Honor. We can take it down.

MS. LITTLE: Ms. Albert, when your husband drinks does he often get into sort of these practice sparring, practice fighting stances? Is that common for him?

MS. LITTLE: So this type of behavior was unusual for him?

MS. LITTLE: My question was, is it unusual for you to see him sort of practice fighting with friends at a bar?

MS. LITTLE: Let me put this a different way. You do know that your husband is a highly-trained fighter; correct?

MS. LITTLE: Your husband has no fighting experience whatsoever?

MS. LITTLE: He has boxing experience; correct?

MS. LITTLE: Your Honor, this is highly relevant. This goes, first of all, to the witness's credibility. It allows the jury to evaluate the circumstances that occurred that night right before they went to 34 Fairview. The witness has just stated that her husband has no fighting experience whatsoever.

MS. LITTLE: I just have two more questions.

MS. LITTLE: I want to ask her if she knows whether her husband has a lot of training in boxing and whether he is highly skilled in fighting from being in the military.

MS. LITTLE: I'll ask if he has just any general training and experience.

MS. LITTLE: Well, she's just testified under oath that he has no experience, and she was reluctant to agree to the boxing, as well.

MS. LITTLE: Thank you, Your Honor.

MS. LITTLE: Ms. Albert, your husband has boxing experience; correct?

MS. LITTLE: He also has fighting experience from his training in the military; correct?

MS. LITTLE: Well, he has --

MS. LITTLE: But he had training through the Marine Corp. and through the Boston Police Department with fighting and defensive tactics; correct?

MS. LITTLE: Ms. Albert, you testified earlier that you left the Waterfall around, I believe, 11:45; is that correct?

MS. LITTLE: Okay. Could I show you what’s been previously marked as Exhibit 53?

MS. LITTLE: Your Honor, could I have permission to publish Exhibit 53?

MS. LITTLE: And, Mr. Bates, if I could have you start the video at 5:14?

MS. LITTLE: If you could pause?

MS. LITTLE: Do you recognize this video?

MS. LITTLE: Do you see the woman that’s in the lower guadrant? Do you recognize that individual at all?

MS. LITTLE: I know this is not the best video, so I’l1ll1l play a little bit more and see if you might be able to recognize them. You don’t recognize who that individual is?

MS. LITTLE: Understood, Your Honor. If you could play it just a little bit longer?

MS. LITTLE: If you could pause?

MS. LITTLE: Did you recognize the woman that just sort of walked forward in the video?

MS. LITTLE: Thank you. And did you see what was in your hand when you walked by?

MS. LITTLE: If you could play just a little bit more?

MS. LITTLE: Ms. Albert, do you see you appear to be holding something?

MS. LITTLE: What is that?

MS. LITTLE: And what time is that video taken?

MS. LITTLE: So that would have been approximately the time that you were leaving the Waterfall Bar & Grill?

MS. LITTLE: You guys had a fun night. It looks like you kind of grab the White Claw, you’re about to leave; is that correct?

MS. LITTLE: Okay. You testified earlier that you got home --

MS. LITTLE: Yes, we can turn the lights on. Thank you, Your Honor.

MS. LITTLE: 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. LITTLE: And you listed at least the make and model of about three of those vehicles?

MS. LITTLE: Do you recall that?

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. LITTLE: But you also said there’s a fourth car. That’s your husband’s work vehicle; correct?

MS. LITTLE: What type of car is that?

MS. LITTLE: It’s a black Ford Edge; correct?

MS. LITTLE: 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. LITTLE: The news coverage in this case has revealed the importance of the Ford Edge; correct?

MS. LITTLE: In your mind, a Ford Edge has significance to this case; doesn’t it?

MS. LITTLE: And what you’ve heard talked about is that an eyewitness saw a Ford Edge --

MS. LITTLE: Ms. Albert, you know there’s significance to the Ford Edge, and that’s the one vehicle --

MS. LITTLE: -- that you did not mention in your initial testimony; correct?

MS. LITTLE: Okay. Where did your husband -- 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. LITTLE: And you said I’m not sure, but then you gave 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. LITTLE: Is that statement something that’s from your personal recollection or from something that you’ve discussed with other witnesses in this case?

MS. LITTLE: So you haven’t discussed that statement with any other witnesses in this case?

MS. LITTLE: You testified earlier that when you arrived at 34 Fairview your son, Brian Albert, Jr. is there, Julie Nagel was there, Sarah Levinson was there, and that your nephew, Colin Albert was also present; correct?

MS. LITTLE: Okay. Can you describe sort of your interaction with Colin Albert when you walked in 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. LITTLE: Earlier today.

MS. LITTLE: And then you said shortly after he got up.

MS. LITTLE: You never said that he was initially seated with Brian, Jr.?

MS. LITTLE: So, when you walked in the door, you’re saying he was already leaving to go get his ride; correct?

MS. LITTLE: Got it. And, when you pulled up with Brian Higgins and Brian Albert, that all happened around the same time; correct?

MS. LITTLE: And you have never mentioned seeing any other vehicle waiting outside the house for Colin when you arrived; correct?

MS. LITTLE: And you didn’t observe another vehicle outside the house?

MS. LITTLE: And it was cold outside that night?

MS. LITTLE: So he sort of walked out the door before his ride arrived?

MS. LITTLE: So you’re not sure if he was sort of standing by the front door?

MS. LITTLE: Okay. But you didn’t see him leave?

MS. LITTLE: You testified that your German Shepherd, Chloe, was also at the house when you arrived home on January 29th; correct?

MS. LITTLE: She’s a large German Shepherd?

MS. LITTLE: She’s not great with strangers?

MS. LITTLE: You wouldn’t say that she -- it was kind of a poorly worded question. Would you say that she’s good with strangers?

MS. LITTLE: She’s fine with strangers. Okay. She’s definitely not good with other animals; is she?

MS. LITTLE: Chloe actually has a well-documented bite history; doesn’t she?

MS. LITTLE: Ms. Albert, she also has a bite history with humans; doesn’t she?

MS. LITTLE: Ms. Little, Chloe has injured other humans; hasn’t she?

MS. LITTLE: There were actually two individuals who were injured in that incident; correct?

MS. LITTLE: There were two women who were actually taken to the hospital after that incident; correct?

MS. LITTLE: And you mentioned that Chloe had actually escaped from the back yard --

MS. LITTLE: -- in that incident?

MS. LITTLE: And that happens from time to time at your house; correct?

MS. LITTLE: And Mr. Albert let Chloe out when he arrived that night; correct?

MS. LITTLE: Ms. Albert, you don’t have Chloe any more; do you?

MS. LITTLE: In May of 2022, four months after Mr. O’Keefe’s death, you got rid of your family dog of Six years; is that right?

MS. LITTLE: Your dog is no longer in the Canton area?

MS. LITTLE: Was that testimony given to the defense?

MS. LITTLE: Was I present at the hearing where you testified about this?

MS. LITTLE: Your Honor, can we approach?

MS. LITTLE: I want to ask her a question about, you know, the nature of testimony. Obviously, that was in front of the Federal Grand Jury. I don't want to overstep. I believe she's trying to reference that. But I don't want the jury to be left with this false --

MS. LITTLE: Sorry. I don't want to the jury to be left with a false impression that information was provided to us.

MS. LITTLE: But not by the Commonwealth.

MS. LITTLE: Okay. Thank you. May I have one moment?

MS. LITTLE: Ms. Albert, you’re aware that we actually sought records regarding Chloe and her bite history; correct?

MS. LITTLE: It was from --

MS. LITTLE: Well, it was from a custodian.

MS. LITTLE: All right. Ms. 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. LITTLE: And over the course of that evening you had never heard any sort of disruption outside; correct?

MS. LITTLE: You didn’t hear a crash?

MS. LITTLE: You certainly never heard --

MS. LITTLE: You certainly never heard any screaming or yelling?

MS. LITTLE: And you never heard the screech of any brakes outside; correct?

MS. LITTLE: Okay. On July 20th, 2023, you testified before a grand jury and Mr. Lally was not there, correct, and ADA McLaughlin was also not there; correct?

MS. LITTLE: Do you recall that?

MS. LITTLE: And you were specifically asked during the course of that hearing where everyone was positioned around the table that night.

MS. LITTLE: Do you remember that sort of line of questioning?

MS. LITTLE: And you explained that your sister, Jennifer, was seated next Brian, Jr. --

MS. LITTLE: We’re getting there.

MS. LITTLE: You were very specific about kind of how people were seated at that table that night. Do you remember that testimony?

MS. LITTLE: You explained that Jennifer was seated next to Brian, Jr. and Matt McCabe was across from him. Do you recall that?

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; isn’t that true?

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. LITTLE: You told the jury that you were cleaning and you weren’t sure where they went; correct?

MS. LITTLE: And 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. LITTLE: And there was one point at which you said that you joined them in the family room; is that right?

MS. LITTLE: Okay. But, while you were cleaning, you said I don’t really know what they were doing, but they weren’t there; correct?

MS. LITTLE: So you recall your husband and Brian Higgins left your view and went to some other place in the house that evening; correct?

MS. LITTLE: Ms. Albert, how many steps is it from the front door to the basement?

MS. LITTLE: 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?

MS. LITTLE: You testified earlier that Brian Higgins left 34 Fairview first; correct?

MS. LITTLE: Then Matt McCabe, Jennifer McCabe, Sarah Levinson and Julie Nagel left together?

MS. LITTLE: And the very last person to leave your house night, you said today under oath, was your daughter, Caitlin; correct?

MS. LITTLE: And you said she left your house close to 2:00 a.m.; is that right?

MS. LITTLE: Ms. Albert, that’s not what you told Sergeant Lank on January 29th, 2022; is it?

MS. LITTLE: Would it refresh your recollection to take a look at your statement to Sergeant Lank?

MS. LITTLE: May I approach the witness, Your Honor?

MS. LITTLE: Okay. I’d like to direct your attention to page 2 of the supplemental --

MS. LITTLE: Yes.

MS. LITTLE: I apologize. I won't do that again.

MS. LITTLE: May I approach?

MS. LITTLE: I’d like you to take a look at page 2. And you don’t need to read it out loud, but if you could read this very last paragraph here.

MS. LITTLE: Well, actually, this section right here, this second paragraph to the bottom. And you don’t need to read it out loud. Just look up once you’re done.

MS. LITTLE: Can I approach, Your Honor?

MS. LITTLE: Ms. Albert, this is just a police report containing an interview that was conducted; correct?

MS. LITTLE: With Sergeant Lank on January 29th; is that right?

MS. LITTLE: Thank you. Have you had a chance to --

MS. LITTLE: Is your recollection --

MS. LITTLE: Is your recollection refreshed?

MS. LITTLE: Isn’t it true that you told Sergeant Lank that your daughter left at 12:15 on January 29th?

MS. LITTLE: And that’s because Sergeant Lank was talking to everyone at the same time; correct?

MS. LITTLE: Sure. It was more of a conversation than an interview; is that right?

MS. LITTLE: May I approach?

MS. LITTLE: Ms. Albert, do you deny saying that to Sergeant Lank?

MS. LITTLE: So you weren’t trying to protect your daughter?

MS. LITTLE: You were forthcoming about always providing the troopers with information about the individuals who were present that night?

MS. LITTLE: Okay. Ms. Albert, you and your family discussed this case at length before your interviews with law enforcement; correct?

MS. LITTLE: And you testified that you spoke to Trooper Proctor on February 3nd of 2022; is that correct?

MS. LITTLE: That would be six days after this occurred; is that right?

MS. LITTLE: And that’s the very first time that you were ever interviewed by Massachusetts State Police; correct?

MS. LITTLE: Aside from that sort of conversation you described with Sergeant Lank; right?

MS. LITTLE: Okay. When you spoke to Trooper Proctor on February 3nd of 2022, you left a lot of names out of individuals who were present at your house on the morning of January 29th of 2022; isn’t that correct?

MS. LITTLE: Did you tell Trooper Proctor that your son Brian Albert, Jr. was home that night?

MS. LITTLE: Yes, the night of his birthday.

MS. LITTLE: Did you tell that Trooper Proctor?

MS. LITTLE: So if it wasn’t in his report, that would have been his mistake?

MS. LITTLE: Did you tell Trooper Proctor your daughter, Caitlin Albert, returned home with you after the Waterfall?

MS. LITTLE: Did you tell Trooper Proctor that your son had two female friends at your house when you arrived?

MS. LITTLE: And, notably, did you tell Trooper Proctor that Colin Albert was present at your house?

MS. LITTLE: Were you asked if he was at the house that night?

MS. LITTLE: You never mentioned Colin Albert to Trooper Proctor; correct?

MS. LITTLE: And you never mentioned Colin Albert to Sergeant Lank?

MS. LITTLE: Ms. Albert, you knew that if you gave Trooper Proctor the name of your nephew that he would have to interview him; correct?

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; did you?

MS. LITTLE: But you never told Trooper Proctor about Colin Albert?

MS. LITTLE: Didn’t even think of him?

MS. LITTLE: Didn’t think it might be important for the state trooper who is 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?

MS. LITTLE: Ms. Albert, what’s the first thing you remember waking up to on the morning of January 29th?

MS. LITTLE: Okay.

MS. LITTLE: Your Honor, if we could approach?

MS. LITTLE: Yes.

MS. LITTLE: I'd like to be able to show the Court -- I'm sorry, the witness -- this demonstrative. It's 34 Fairview, the crime scene photos. As you've seen, they are not the best. This is an actual replica of 34 Fairview. It's to scale.

MS. LITTLE: It's to scale. I think it will assist the jury of being able to determine where certain things are on the property.

MS. LITTLE: Yes, Your Honor.

MS. LITTLE: And do I have permission to publish this to the jury?

MS. LITTLE: Okay. Thank you.

MS. LITTLE: Thank you.

MS. LITTLE: Ms. Albert, I’d like to show you this photograph that purports to be --

MS. LITTLE: Ms. Albert, do you recognize that photograph?

MS. LITTLE: What is it?

MS. LITTLE: Does it appear to be generally to scale?

MS. LITTLE: Do you recognize sort of the flagpole in the yard?

MS. LITTLE: The house?

MS. LITTLE: The driveway?

MS. LITTLE: And that looks accurate --

MS. LITTLE: And that looks accurate in terms of scale; correct?

MS. LITTLE: Permission to publish?

MS. LITTLE: Ms. Albert, where is your bedroom located?

MS. LITTLE: Yes, if you could explain.

MS. LITTLE: So your bedroom is in that upper left-hand quadrant; correct?

MS. LITTLE: The far left window, that’s your bedroom window?

MS. LITTLE: Is that right?

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. LITTLE: You’re aware that Ms. Read, Jennifer McCabe and Kerry Roberts arrived outside your property around 6:04 a.m.; correct?

MS. LITTLE: Did you hear any fire trucks that morning?