Commonwealth v. Read — Trial ArchiveNicole Albert - Direct
505 linesCOURT CLERK: Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God?
MS. ALBERT: So help me God.
JUDGE CANNONE: Thank you. All right, Mr. Lally, whenever you're ready.
MR. LALLY: Thank you. Good morning.
MS. ALBERT: Good morning.
MR. LALLY: Could you please state your name and spell your last name?
MS. ALBERT: My name is Nicole Albert. A-L-B-E-R-T.
MR. LALLY: And where do you live?
MS. ALBERT: Norton/Norwood — unclear.
MR. LALLY: And about how long have you lived there?
MS. ALBERT: About a year.
MR. LALLY: And prior to moving there, where did you live?
MS. ALBERT: Canton.
MR. LALLY: How long had you lived in Canton?
MS. ALBERT: My whole life.
MR. LALLY: Now, the specific address — where did you live in Canton prior to your move?
MS. ALBERT: 34 Fairview Road.
MR. LALLY: And how long did you live at that house?
MS. ALBERT: About 12 years.
MR. LALLY: And are you married?
MS. ALBERT: Yes.
MR. LALLY: What's your husband's name?
MS. ALBERT: Brian Albert.
MR. LALLY: Does he work?
MS. ALBERT: He's retired from the Boston Police.
MR. LALLY: About how long was he an officer with Boston?
MS. ALBERT: About 30 years.
MR. LALLY: And you have children?
MS. ALBERT: Yes, we have five.
MR. LALLY: And how old are your five children?
MS. ALBERT: My oldest daughter is 28, and then I have a son who's 25. I have another son who's actually 23 today. And then I have twins — a boy and a girl — who are 20.
MR. LALLY: And your oldest daughter — what's her name?
MS. ALBERT: Caitlin.
MR. LALLY: Your oldest son — what is his name?
MS. ALBERT: Brian Jr.
MR. LALLY: And Brian Jr. — does he live with you?
PARENTHETICAL: [unclear]
MR. LALLY: And your other children — do they live with you as well?
MS. ALBERT: My oldest daughter lives with her boyfriend in Easton. And my son Brendan — he's just finishing up college, so he's graduating this month from college, so he's back with us. My twin daughter — she goes to college, so she's home now for the summer, but she has an apartment in Bridgewater. And then my twin boy is in the military.
MR. LALLY: And which branch?
MS. ALBERT: The Marine Corps.
MR. LALLY: Now, could I turn your attention to January 28th, 2022. You recall that day?
MS. ALBERT: Mm-hmm.
MR. LALLY: And you recall what day of the week that was?
MS. ALBERT: The Friday.
MR. LALLY: And at the time of January 28th, 2022, did you work?
MS. ALBERT: Yes. I've been a part-time lunch lady for about nine years.
MR. LALLY: And you've since retired, is that correct?
MS. ALBERT: I'm sorry?
MR. LALLY: You've since retired from that?
MS. ALBERT: I haven't retired. I just didn't go back this past year. But —
MR. LALLY: And around that date of January 28th, 2022, what, if any, significance was the next day, January 29th?
MS. ALBERT: January 29th was my son Brian Jr.'s 23rd birthday.
MR. LALLY: And over the course of that week, sort of leading up into the weekend, what, if any, plans did you make with reference to your son on his birthday?
MS. ALBERT: He had mentioned he was going to get together with some friends on the Saturday night, the 29th, for his birthday. And I had said, okay, well, maybe Friday
MS. ALBERT: night, if anyone's around, any of our aunts or uncles or anyone, maybe we'll take you out, you know, just local for some apps and drinks or something.
MR. LALLY: And coming up to that day of Friday the 28th, what if anything sort of changed with reference to those plans?
MS. ALBERT: Well, they were — the forecast was saying a big snowstorm was coming in, and it looked like it was going to be late Friday into all day Saturday, so I had said to my son, well, obviously doesn't seem like anyone will be able to go out on Saturday night, why don't you just do something with your friends Friday night?
MR. LALLY: And had you at that time already made some plans with friends and relatives in regards to going out Friday?
MS. ALBERT: Yeah, I had just mentioned to my daughter Caitlyn and my sister-in-law Julie, just mentioned it to them about possibly getting together Friday.
MR. LALLY: And just to be clear for the record, when you say your sister-in-law Julie, how is she related to you?
MS. ALBERT: She's my husband's brother Chris's wife.
MR. LALLY: And your husband has a number of siblings?
MS. ALBERT: Correct. Yes, he's the oldest of seven.
MR. LALLY: And yourself and Julie Albert, you guys are friends?
MS. ALBERT: Yes, we're very close.
MR. LALLY: And just one last question, sort of leading up through the course of that week — where did your husband Brian go, sort of last minute?
MS. ALBERT: I believe it was Thursday of that week, he went to New York for a funeral.
MR. LALLY: And do you know who the funeral was in regard to?
MS. ALBERT: It was for a New York police officer who had just been killed in the line of duty.
MR. LALLY: And do you recall how he got there, as far as how he went from New York?
MS. ALBERT: I believe he may have flown Thursday to New York, and then the plan was to fly back Saturday, but that changed with the weather, and he ended up — they didn't want to get stuck there — so after the funeral Friday morning they drove home. A friend of his had driven, so he got a ride back with them on Friday.
MR. LALLY: And only if you know, but as far as that friend that he drove back with on Friday, do you know who that was?
MS. ALBERT: The friend who I believe had the truck there and drove is Brian Higgins.
MR. LALLY: And is that someone, Mr. Higgins, that you were familiar with prior to that date in January?
MS. ALBERT: Yes, he was a friend of my husband's.
MR. LALLY: Now on that evening of the 28th, can you explain to the jury where you decided to go with your daughter and your sister-in-law?
MS. ALBERT: We just decided to go to Waterfall, a local place, you know, five, ten minutes down the road from the house. My sister-in-law Julie picked me up at my house maybe 7:30, quarter of 8, and we went to the Waterfall, and I believe my daughter and her boyfriend Tristin were already inside at a table.
MR. LALLY: And when your sister-in-law Julie came to pick you up at the house, in addition to yourself and your son Brian Junior, were any of his friends there at that point?
MS. ALBERT: I believe two girlfriends may have already come, and they were just sitting in the kitchen when I left.
MR. LALLY: And so you go out to the Waterfall. When you get to the Waterfall, where within the establishment did you go?
MS. ALBERT: We came in, walked in — I believe to the left there were just some small tables, and I think Caitlyn and Tristin were already sitting there, so we sat down at the table and we ordered food and just hung out for a little bit, had food and some drinks.
MR. LALLY: And as far as drinks were concerned, do you recall what you were drinking that night?
MS. ALBERT: I was probably drinking White Claw. God bless.
MR. LALLY: Now later on in the evening, was there any sort of live entertainment there?
MS. ALBERT: Yes. After we ate, my daughter's boyfriend Tristin left shortly after because he was going to be going out shoveling, working with a plow guy, so he was planning to go home and just sleep, take a nap, because he was going to have to get up like in the middle of the night to go out and do that. So he had left, so it was just me, Julie, and Caitlyn, and at one point the waitress had said, "Oh, the band's going to be setting up where you're sitting, can I move you?" So she just kind of moved us over to like a high top table.
MR. LALLY: And then after you were moved over to the high top table, did anyone else come in to join your group?
MS. ALBERT: Shortly after, I believe my sister Jennifer and her husband Matt came in. I had texted her just saying I was there if she was interested to come by. I think she said she was somewhere else, did I want to come there, and I said, well, no, I'm already situated, the band's going to play, I'm just going to stay here, so she said okay, maybe we'll come there. So maybe — [unintelligible] — she came in with another couple. I believe they had been at a basketball game, their daughter's basketball game. So she came in with them.
MR. LALLY: And again, just to be clear, when you say your sister Jen and her husband Matt, what is their last name?
MS. ALBERT: McCabe.
MR. LALLY: And she's your younger sister, is that correct?
MS. ALBERT: Yes.
MR. LALLY: Now, as far as after they came in, did anyone else sort of come in and join?
MS. ALBERT: Shortly after that, I believe Julie's husband Chris came in. He worked up the street at his pizza shop, so I believe shortly after 9, 9:30, he came down, he came in. And then in the meantime my husband was getting close to being back to the area from driving back from New York, so I had texted him and said, "Hey, me and Katie and whoever else are here if you want to come by," and he was like, "Oh, I'm kind of tired, it's been a long day." And I just pushed him a little — "Oh, well, Katie's here, you know, just come, she wants to see you." So he's like, "All right, maybe I'll pop in." So I believe — so it was Jen and Matt and the other couple, and then Chris came in, and then I believe maybe around 10 Brian came in.
MR. LALLY: And after your husband Brian came in, was there anybody else that came in and joined?
MS. ALBERT: Shortly after, maybe 10:30, his friend Brian Higgins had come in.
MR. LALLY: So your husband Brian and Brian Higgins came in separately, about a half hour apart?
MS. ALBERT: I think so, yes.
MR. LALLY: And following that, who if anyone else came into the establishment and sort of joined your group?
MS. ALBERT: A little bit later, but I think approximately 11, John walked in with his girlfriend.
MR. LALLY: And when you say John, who is John?
MS. ALBERT: John O'Keefe.
MR. LALLY: And how did you — or did you know John O'Keefe prior to that night?
MS. ALBERT: I didn't know him that well. I think I had only met him once, maybe twice, through my sister. Brief interaction. I think when he first walked in, actually I didn't recognize him. I think I said to someone, "Oh, who's that?" because they were kind of walking towards our table, and they said, "Oh, you know, it's John O'Keefe." I said, "Oh." So they came in and they just kind of went to the end of the table where my sister Jennifer and Matt and Chris and Julie were, because they knew them, you know. I had never met Karen and I'd only met John once or twice, so they kind of just went to the other end of the table with Jen and Matt, who they knew, and Chris and Julie, who John had been neighbors with for a couple years, so they were all just kind of at that end talking.
MR. LALLY: And probably pretty well understood, but just to be clear — as far as the sister that you knew John through, was that your sister Jennifer who was there?
MS. ALBERT: Yes, Jennifer.
MR. LALLY: And as far as you referenced his girlfriend, had you ever met his girlfriend before that night?
MS. ALBERT: No.
MR. LALLY: So you had never met Karen Read prior to that night, as far as you recall?
MS. ALBERT: No.
MR. LALLY: And at any point in time, what if any interaction did you have with either Mr. O'Keefe or Miss Read?
MS. ALBERT: At one point John walked by, you know, towards me and my daughter at the table, and said, "Hey, I'm going up to the bar, do you guys need a drink or anything?" And we said, "No, thank you." I think he then kind of stopped and spoke with my husband for a minute, probably was asking him the same thing. Then John went back up to the bar, and then he went back down to where he had been standing. And that was the only interaction I had with him.
MR. LALLY: And as far as your understanding or knowledge of Mr. O'Keefe, did you know what he did for a living?
MS. ALBERT: Yes.
MR. LALLY: And what did he do?
MS. ALBERT: I knew he was a Boston policeman.
MR. LALLY: And was he somebody, if you know, that worked with your husband?
MS. ALBERT: No, I don't believe they ever worked with my husband. I don't believe they ever crossed paths at work. I think they were in different areas of the job.
MR. LALLY: Fair to say the Boston Police Department is a relatively large department?
MS. ALBERT: Correct. Yeah, it's like 3,000.
MR. LALLY: Now with reference to Miss Read, what if any interaction did you have with her that night?
MS. ALBERT: I had none. I don't believe we spoke or were introduced or anything. I don't think we spoke at all.
MR. LALLY: Now turning back to Mr. O'Keefe, just for a second — if you recall, what if anything do you recall him to be wearing as far as clothing was concerned during your interaction?
MS. ALBERT: I believe he had a hat on, some sort of just sweatshirt, jeans and sneakers.
MR. LALLY: At any point in time that you saw him, or while he was talking to you, did you see any winter jacket or big coat or anything like that?
MS. ALBERT: No.
MR. LALLY: And as far as his clothing was concerned, did you observe it to have any sort of tears in it, or any stain or anything like that?
MS. ALBERT: No.
MR. LALLY: And as far as his face is concerned, or any sort of outward part of his body, what if anything did you observe with regard to injuries on him or anything like that?
MS. ALBERT: Nothing, nothing like that.
MR. LALLY: Now as far as your home was concerned, was that somewhere that either Mr. O'Keefe or Miss Read had ever been to before?
MS. ALBERT: No.
MR. LALLY: And over the course of the evening, what if any discussion was there that you heard or were part of, in regard to what was going to happen or where to go after leaving the Waterfall?
MS. ALBERT: Well,
MS. ALBERT: After the band wrapped up, I was getting ready to leave and I just kind of leaned over to my sister Jennifer and said, hey, you know, Brian Jr.'s at the house, I think he just has two friends there, he's going to be turning 23 at midnight. If on your way home and you wanted to swing by and say happy birthday — if you want to do that, come by and do that. And she was like, okay, you know. And then I was just kind of gathering up my stuff and I got ready to leave. It may have been mentioned at the table, but I had no idea if anyone else was interested in doing that or wanted to do it. I had just said it to my sister.
MR. LALLY: And if anybody else had wanted to join or come along, would that have been an issue?
MS. ALBERT: Oh no, I would have had no problem if anyone sitting with us had come.
MR. LALLY: But as far as you knew, you just communicated that to your sister Jennifer, and whatever happened after that happened?
MS. ALBERT: Yes.
MR. LALLY: And when you say sort of the band was wrapping up and the bar sort of winding down, is that correct?
MS. ALBERT: Yes.
MR. LALLY: About what time was that?
MS. ALBERT: Like 12:45.
MR. LALLY: And about what time was it, if you know, about what time was it that you left?
MS. ALBERT: A little before 1, 12-ish.
MR. LALLY: And who if anyone left with you?
MS. ALBERT: It was me, my daughter Caitlyn, and my husband.
MR. LALLY: And how did you get from the Waterfall back to your house?
MS. ALBERT: My husband drove the three of us back to Fairview Road.
MR. LALLY: And when you came outside of the Waterfall and were sort of getting in your car and about to drive home, what if anything did you observe as far as the weather or what was going on at that point?
MS. ALBERT: It was just starting to snow a little, nothing major, just a little snowfall started coming down. You could still sort of see the street and the blacktop.
MR. LALLY: And again, about how long a car ride is that generally speaking from the Waterfall to your house?
MS. ALBERT: Five, seven minutes.
MR. LALLY: And when you arrived, who if anyone was there when you got there?
MS. ALBERT: When we arrived and I came in, my son was sitting there with his two friends and my nephew Colin, who is Julie and Chris's son. He was there — I kind of bumped into him when I walked in. I didn't realize he was there. I said, oh hey, you know, what are you doing here? And he said, oh, I just stopped by to see Brian, but I'm about to leave, my ride's about to be here. I said, oh, okay.
MR. LALLY: And, let me back up just for a minute. So when you arrive there, your husband Brian driving, where does he park in relation to the house?
MS. ALBERT: We pulled into the driveway.
MR. LALLY: And typically is there sort of an order to it, as far as where the cars go, like his car versus your car versus any other car?
MS. ALBERT: Not really, no.
MR. LALLY: You recall on that evening which side of the driveway he pulled into?
MS. ALBERT: The left — I believe it was in front of the left garage.
MR. LALLY: And when you come into and enter the house — when you were living there at 34, how many doors are there sort of on the front of the house?
MS. ALBERT: Well, there's a side door by the garage and then there's like a front door in the front of the house.
MR. LALLY: And is there any sort of particular rhyme or reason as to which door you'd be entering?
MS. ALBERT: We usually use the side door. You know, initially I tried to — I didn't like that, because the side door walked right into the family room. So I kind of liked the other door — you could walk into a foyer, you could take your shoes off, stuff like that. But eventually the people just didn't want to, it was quicker to walk in the side door for the kids, I guess, so they would just go in the side door. But I think that night, because of the weather and it was wet out, I think I went in the front door so I could walk into the foyer and take my shoes off or wipe my feet or whatever. But some of the other people still may have gone in the side door.
MR. LALLY: And when you sort of come into that front door, where you were going in to sort of take your shoes off in the foyer — is that when you ran into your nephew Colin?
MS. ALBERT: Yes.
MR. LALLY: And about how old was Colin around that time?
MS. ALBERT: 17.
MR. LALLY: And you mentioned that he had a ride. Did he give you any indication as to who that ride was?
MS. ALBERT: He didn't, he didn't mention at that time who the ride was.
MR. LALLY: And that sort of interaction that you had with Colin in your house, prior to him leaving and walking out — about how long a period of time is that?
MS. ALBERT: Couple minutes, not even — just a quick interaction.
MR. LALLY: And then he left, and you didn't see him for the rest of the night?
MS. ALBERT: No.
MR. LALLY: And then you come into the home. And again, I'm sorry — who was there sort of initially when you came in?
MS. ALBERT: So my son Brian and his two friends, Julie and Sarah, were just kind of sitting at a kitchen table in like the dining room area of the kitchen.
MR. LALLY: If you could explain to the jury sort of the layout of your home at Fairview — so you walk into a foyer, and then where is the kitchen related to that?
MS. ALBERT: Well, if you walk in, if you go to the right, it's like an open doorway, and that's kind of like the dining room part of the kitchen, but then it extends to the back of the house where it's like an island and like the sink and the counters and the cabinets and all that. So it's just like a long space.
MR. LALLY: So as far as the dining room and the kitchen, is there any sort of wall or structure between them?
MS. ALBERT: No, it's open in between the two of those things.
MR. LALLY: And then if I were to go sort of further back within that home, beyond the kitchen and the dining room, what's back there?
MS. ALBERT: Well, to the right there's like the family room.
MR. LALLY: And is there anything as far as the wall — can you see into the family room?
MS. ALBERT: You can. It's like an opening, yeah, it's not completely open but there's an opening. So if someone was standing in the family room and you were standing in the kitchen, you could see them, converse with them, that kind of thing, yes.
MR. LALLY: And when you come in and your son Brian Jr. is sitting around the table with the two girls, Sarah and Julie, what are they doing?
MS. ALBERT: They were just sitting there.
MR. LALLY: Was there any sort of music playing or anything like that going on?
MS. ALBERT: There may have been — I'm not sure if there was music playing at that time, but there might have been.
MR. LALLY: When you say "at that time," was there anything that happened later on?
MS. ALBERT: Well, later on I do — I remember that we had music connected to like a little speaker that we were playing, yeah. But when I first walked in, I don't remember if they had music going or not.
MR. LALLY: And you get back to the house — what is it that you're doing sort of when you come back?
MS. ALBERT: So I come in, I said happy birthday to my son, said hello to his friends, and then I just kind of went to the kitchen area. And they had ordered food, so I just did my usual thing — I was just picking up, wasn't a huge mess but I was just picking up the area, cleaning, probably checked the bathroom to make sure that was clean — just my usual thing that I do, just picking up around the house.
MR. LALLY: And I don't mean to minimize this in any way, but you basically did the mom thing where you go around and start cleaning up. Correct?
MS. ALBERT: Yeah, yep.
MR. LALLY: And is that something that you did sort of continuously throughout the evening?
MS. ALBERT: Yeah, that's kind of what I do.
MR. LALLY: Now after you arrived home, who if anyone else came by?
MS. ALBERT: Well, once we were there, it was me and my daughter — and my husband and Brian Higgins had come in. And then it was, you know, Brian and his two friends were already there, and then my sister Jen and her husband Matt came in, maybe like 1:10, 1:15-ish.
MR. LALLY: And Mr. Higgins, did he come in around the same time as you, or did he come after?
MS. ALBERT: Yeah, he came in at the same time. I mean, I think he might have pulled up to the house before us, but we got out of the car and went right into the house. I assume he just came in basically around the same time.
MR. LALLY: Do you have any idea sort of what Mr. Higgins was driving that night when he came to your house?
MS. ALBERT: I believe it was a Jeep.
MR. LALLY: Do you have any idea where in reference to your house Mr. Higgins parked?
MS. ALBERT: I'm not sure. I thought it was out on the curb facing up Fairview, maybe by our mailbox, but it could have been in the driveway. I'm just not 100% sure.
MR. LALLY: Not something you were particularly paying attention to?
MS. ALBERT: No.
MR. LALLY: And at some point after you and your daughter and your husband, and then Mr. Higgins comes along, about how long a period of time is it between your arrival in the home and then when Miss McCabe and her husband come?
MS. ALBERT: 15 minutes, 20 minutes.
MR. LALLY: And as far as your nephew Colin, when he had left, was Miss McCabe and her husband there yet?
MS. ALBERT: No.
MR. LALLY: And when Miss McCabe and her husband come, while you're at your house, where is it that everybody sort of —
MS. ALBERT: They came in and they sat down at the kitchen table with Brian and his two friends, and then I believe my daughter Caitlyn was sitting at the table as well.
MR. LALLY: And back at your home after leaving the bar, was there any drinking that was going on there afterward?
MS. ALBERT: Yeah.
MR. LALLY: And about how long — skip forward a little bit, people have left your home — about how long a period of time was it from when you arrived back from the Waterfall to when people sort of left?
MS. ALBERT: By the time everyone left, it was probably close to two.
MR. LALLY: And who was the last person that left?
MS. ALBERT: My daughter Caitlyn.
MR. LALLY: And do you know how it was that she left, or who if anyone picked her up?
MS. ALBERT: Her boyfriend Tristin picked her up, because like I said, he was going to have to get up anyway overnight to do the shoveling, plowing thing. So I think she didn't want to get stuck at our house for the next day. So she had just said, "Hey, can you—"
JUDGE CANNONE: I'm going to end your answer there. Next question, Mr. Lally.
MR. LALLY: Prior to your daughter Caitlyn leaving, as far as people leaving from your house, what was sort of the order of how people left and when people left?
MS. ALBERT: I believe Brian Higgins left first, approximately 1:30ish. Then Jennifer and Matt and Brian's two friends left — 1:45, 1:50, I'm sorry — and then Caitlyn was probably closer to two.
MR. LALLY: And when your daughter Caitlyn left, who, if anyone, was left downstairs and sort of awake, between yourself and the other people living there?
MS. ALBERT: Just me.
MR. LALLY: So your son and your husband had both gone up to bed at that point?
MS. ALBERT: Yes.
MR. LALLY: And at any point in time — you mentioned that there were a number of people that were sort of around the table in the kitchen. Where did anybody else go around your house during that time?
MS. ALBERT: I know at one point my husband and his friend Brian were in our family room, so I kind of went in there and was talking to them. We had some shelves on the wall that just had a bunch of pictures — old pictures from our wedding, or when Brian was in the Marines — so we would just kind of look at them, laughing, talking about them. We stood there for a little bit talking, and then eventually we just moved into the kitchen area where everybody else was.
MR. LALLY: And to your knowledge, had Mr. Higgins been over to your house at any point before?
MS. ALBERT: He may have been at our house for a graduation party, but I wasn't sure if he had ever been inside, because the party was outside — it was a cookout — so I don't know if he'd been in that part of my house.
MR. LALLY: Now, as far as the outside of your house, at any point in time during the course of the evening, did you hear anything unusual, see anything unusual outside of your house?
MS. ALBERT: I didn't.
MR. LALLY: At any point in time, were you aware of anybody coming to your house that didn't come in?
MS. ALBERT: I was only aware at one point — I saw my son, I think, either looking out the window or at the door, and his friend Julie — she went out the side door. And I said to Brian, "Was Julie leaving?" And he said, "Well, no, she had asked her brother for a ride—"
MS. LITTLE: Objection, Your Honor.
JUDGE CANNONE: Sustained. So no conversation. Mr. Lally is going to ask another question.
MR. LALLY: So you saw your son's friend Julie go outside?
MS. ALBERT: Mm-hmm.
JUDGE CANNONE: That has to be yes or no.
MS. ALBERT: Sorry. Yes.
MR. LALLY: And at some point, did Julie come back into the house?
MS. ALBERT: Yes.
MR. LALLY: And about how long was it, if you know, that she was outside before she came back?
MS. ALBERT: I don't think it was very long — a couple of minutes.
MR. LALLY: And over the course of the entirety of the evening, at any point did anybody else, other than the people that you've talked about previously, come into your house?
MS. ALBERT: No.
MR. LALLY: And specifically John O'Keefe or Karen Read, that you saw at the bar earlier that night — at any point in time on the evening of the 28th or the early morning of the 29th, did either of those people come into your house?
MS. ALBERT: No. They never came into my home.
MR. LALLY: And at any point in time, even on that evening or that early morning of the 29th, were you aware that they were coming to you?
MS. ALBERT: I actually wasn't. I didn't — I think when I was in the other room with my husband and his friend, I had missed the conversations about Jennifer reaching out to John, or her texting him and him texting her about where we lived. I didn't even realize that that was happening, that they had any intention to come.
MR. LALLY: Let me ask you a little bit about going back to the Waterfall just for a brief moment. Over the course of your time there, how would you describe the tone, or how was everybody at the Waterfall?
MS. ALBERT: It was fine. It was a nice night. Nothing out of the usual. Just had a good time. So, nothing abnormal, no arguments, no fighting, or anything like that. No. Same question as it relates to back at your house — 34 Fairview — how would you describe the atmosphere back there? Same thing. We were just hanging out, sitting around the house, talking, having a good time. Nothing crazy.
MR. LALLY: After your daughter Caitlyn gets picked up and she leaves, how long did you stay up after that?
MS. ALBERT: I think once she left, I just did my final cleanup of the kitchen, and, you know, shut the lights, and I went upstairs to bed.
MR. LALLY: And do you recall anything about locking the front door or any of the doors to your house before you went up to bed?
MS. ALBERT: No.
MR. LALLY: Is that something that you would always do, typically do, never do?
MS. ALBERT: It was the type of thing — we have five kids, everyone's coming in and out at different times. The last person in was supposed to lock it, but then, you know, we changed the door knobs and immediately the keys got lost. It was just always a disaster. So a lot of times the door was just kind of left unlocked.
MR. LALLY: And when you went up to bed, you share a bedroom with your husband Brian, correct?
MS. ALBERT: Yep.
MR. LALLY: And was he awake or asleep?
MS. ALBERT: He was awake. He was just lying in bed watching TV.
MR. LALLY: Now, as far as over the course of that evening, after you come up to bed with your husband, do you recall anything about him talking to anyone on the phone or any phone conversations or anything like that?
MS. ALBERT: I do not.
MR. LALLY: At some point you fall asleep and then you wake up the next day, is that right?
MS. ALBERT: Yes.
MR. LALLY: Turning your attention to that morning of the 29th — you had gone to bed about what time?
MS. ALBERT: Probably 2:30ish, somewhere around there.
MR. LALLY: And it's a little unclear from my question, but when you go up to your bedroom, about what time is that?
MS. ALBERT: About 2:00, 2ish.
MR. LALLY: And so the 2:30 that you're talking about, is that when you fall asleep?
MS. ALBERT: Yeah, sometime around there.
MR. LALLY: And from that next morning, how is it that you wake up?
PARENTHETICAL: [sidebar]
MS. ALBERT: Well, at some point, between 6:00 and 6:30 that morning, my sister Jennifer came bursting into my bedroom.
MR. LALLY: Bursting into your bedroom — is that correct?
MS. ALBERT: Yes.
MR. LALLY: And how would you describe your sister Jennifer, and how was she acting?
MS. ALBERT: Well, she came in, and my husband and I just kind of sat up in bed. She's saying, "He's out in the snow. We found him out in the snow. We don't know if he's okay." And my immediate thought was just that something had happened to one of my children, something had happened to one of her children. I couldn't imagine why she was in my bedroom at this time in the morning. And I'm like, "Jennifer, what are you talking about?" And she's like—
MS. LITTLE: Objection.
JUDGE CANNONE: All right. Next question. Approach.
MR. LALLY: Let me back you up for a second, and I'll get back to that. When your sister Jennifer comes into your bedroom, do you know about what time that was?
MS. ALBERT: Between 6:00 and 6:30.
MR. LALLY: And safe to say that's not a normal occurrence?
MS. ALBERT: No, it's never happened before.
MR. LALLY: And if you could just describe your sister Jennifer's demeanor when she first comes in?
MS. ALBERT: She was hysterical.
MR. LALLY: And she said some things to you, and then where did you go from there?
MS. ALBERT: Well, I tried to ask her what was going on, what she was talking about, and she told us—
MS. LITTLE: Objection, Your Honor.
JUDGE CANNONE: No, I'm going to allow that.
MS. ALBERT: So she told us, you know, what had happened or what she had just witnessed outside. And we were just trying — I was trying to understand what she's saying. Like I said, I didn't know if it was something that happened to one of her kids, one of my kids. And so I said, "Jennifer, I don't know what you're talking about." So she finally was like, "Well, John — John — remember John from last night at the Waterfall?" And I'm like, you know, "What do you mean? How could he be outside?" And she's like, "You've got to get out — the police are here and they want to talk to you." So my husband and I got up. I think I threw on a sweatshirt, and we started to walk down the stairs. As we walked down the stairs into the foyer area, Officer Lank was walking in the house.
MR. LALLY: And that front foyer — that would have been the front door you were talking about before?
MS. ALBERT: Yeah.
MR. LALLY: And when you get down to the bottom of the stairs, was it just Officer Lank, or were there other officers with him?
MS. ALBERT: It was just Officer Lank at that time. And the door was halfway open — I kind of pushed it open, looked out, and I saw like a cruiser and a couple of guys, you know, standing out in the snow. And I said, "Jennifer, where's John?"
MS. LITTLE: Objection.
JUDGE CANNONE: Okay, I'm going to ask you to move on, Mr. Lally. The objection is sustained.
MR. LALLY: As far as when you looked outside, did you see any ambulance or fire truck or anything like that?
MS. ALBERT: No, I didn't see an ambulance. I did see maybe two cruisers. I don't remember — I don't remember if there was a fire truck there. I don't think there was, but I'm not sure.
MR. LALLY: And as far as Officer Lank or any other officers — these are officers with the Canton PD, is that correct?
MS. ALBERT: Yeah.
MR. LALLY: And where did they go once you opened the door?
MS. ALBERT: He came in the house. And I believe around the same time, Jennifer's husband Matt had come — I assume she had called him or whatever. So it was me, Brian, Jennifer, and Matt. And Officer Lank said, "Can I come in? Can I talk to you guys?" And we said, "Sure, absolutely." He came in, and we sat at the
MS. ALBERT: ...and he was just kind of asking us all, okay, you know, where were you last night?
JUDGE CANNONE: Okay. Sustained. Next question, please.
MR. LALLY: The table you're talking about — where in the house did you talk?
MS. ALBERT: That same dining room area.
MR. LALLY: And without regard to the content of the conversation, but about how long a period of time did that conversation with the officer go on?
MS. ALBERT: I don't know, 45 minutes maybe. I'm not exactly sure.
MR. LALLY: As far as how the conversation ended — at any point during the conversation, did yourself, or your sister, or your husband, or did anyone ever sort of end the conversation or tell the officers to leave the home, or anything like that?
MS. ALBERT: No, no.
MR. LALLY: And you welcomed them inside once you realized what was going on?
MS. ALBERT: Yes, absolutely. And I believe another officer had come in as well.
MR. LALLY: Now, after the officers leave from your home, what happened then?
MS. ALBERT: So I believe they left and said that someone would be in touch with us — the state police or somebody. So they left and we were all just kind of sitting there in shock. I'm asking Jennifer, like, you know, what happened, how did you end up here, like what's going on?
MS. LITTLE: Objection.
JUDGE CANNONE: Sustained. Next question, please.
MR. LALLY: As far as — maybe we can approach this differently — okay. So, Miss Albert, without any sort of specifics of your conversation with Miss McCabe, you had a conversation with her. Is that correct?
MS. ALBERT: Yes.
MR. LALLY: And about how long did that conversation go on for with just her?
MS. ALBERT: I mean, we were all just kind of sitting around the table talking.
MR. LALLY: And just to be clear, when we say "all," who is "all" at this point?
MS. ALBERT: It was me, my husband, and Jennifer and Matt.
MR. LALLY: And at some point later on, did other people come over to your house?
MS. ALBERT: Yes. At some point my — my husband's friend Brian Higgins came over.
MR. LALLY: And do you know how he came to be at your house that morning?
MS. ALBERT: I believe Brian called him to let him know. I mean, he had been with us the night before, and I think he had been friends with John and Karen, so Brian thought he should let him know.
MR. LALLY: And do you know about what time that was, or how long it was after the officers left that Mr. Higgins came over?
MS. ALBERT: Could have been 15, 20 minutes. I feel like he came somewhere around 7:38, and maybe Lank had been done by 7:15 — if he was around there. I'm not really sure of the specifics.
MR. LALLY: And what happened then?
MS. ALBERT: Then we were all just still kind of sitting there. Kerry — who was another person that was called that morning — she had been at the hospital, so she was kind of calling Jennifer, giving updates as to what was happening with John. So we were kind of waiting to hear how he was, if he was okay. Then around — I don't know if it was 8, 8:30 — I had noticed my sister-in-law Julie had pulled into the driveway, and I saw her get out, and she was putting a box of donuts in my son's car — whose birthday it was — because they had a bit between them where every year she did that: she got him donuts and would leave them for him. So I saw her and I said to my husband—
MS. LITTLE: Objection.
JUDGE CANNONE: Okay, not what you said to — not what you said to your husband. So wait for another question, okay?
MS. ALBERT: Sorry.
JUDGE CANNONE: That's okay.
MR. LALLY: So you spoke to your husband, and where did he go?
MS. ALBERT: He went to the door, because Julie was about to get back in her car and leave. And I thought that she should be made aware of what was going on.
MR. LALLY: So your husband goes to the door, and at some point your sister-in-law Julie comes in the house?
MS. ALBERT: Yes.
MR. LALLY: And, if you know, about how long a period was Julie at your house initially?
MS. ALBERT: An hour or two. I'm not sure.
MR. LALLY: If you're not sure, you're not sure. So as far as people that were over your house that morning, do you have any idea sort of how long people were congregating around your house after that initial Miss McCabe bursting into your bedroom?
MS. ALBERT: Again, it could have been between an hour and two.
MR. LALLY: And at some point — we mentioned that the Canton officers had indicated that you may be spoken to at some subsequent time by troopers from the state police. Correct?
MS. ALBERT: Yes. Yes.
MR. LALLY: And when was it — if you know — when was it in relation to this date that you spoke to anybody?
MS. ALBERT: I wasn't interviewed for a couple of days later.
MR. LALLY: And do you recall where you were when you were interviewed?
MS. ALBERT: I was at my house.
MR. LALLY: Now, with reference to — you indicated that on the way back from the Waterfall to your house on Fairview, on the night of the 28th going into the 29th, it had just started to snow. Is that correct?
MS. ALBERT: Yes.
MR. LALLY: Now, when you looked outside, or opened the door for Officer Lank as he came into the house, what if anything did you observe as far as the weather and how it had changed?
MS. ALBERT: Well, to me it was starting to look like blizzard conditions. It was very windy, it was snowing — snow was starting to come down a lot — and there were probably a couple of inches accumulated.
MR. LALLY: At any point in time, over the course of that day on the 29th, did you yourself go outside from your house into the front yard or the driveway or anywhere else?
MS. ALBERT: I didn't.
MR. LALLY: And anyone else from your house — other than the people coming and going — the people that live there, did you observe them going out into the front of the house area?
MS. ALBERT: No.
MR. LALLY: May I approach the witness?
JUDGE CANNONE: Yes.
MR. LALLY: Miss Albert, I'm placing before you a series of photographs. Just look at them, review them, and then look up whenever you're ready. Are these already in evidence?
COURT CLERK: Not yet.
MR. LALLY: And just to ask you, ma'am — in general, in those photographs, do you recognize what's in those photographs?
MS. ALBERT: Yes.
MR. LALLY: What do you recognize?
MS. ALBERT: That's my front yard.
MR. LALLY: That was your front yard when you lived at 34 Fairview Road?
MS. ALBERT: Yes.
MR. LALLY: And what's contained in there — is that a fair and accurate portrayal of around the time of January 29th, 2022?
MS. ALBERT: Yes.
MR. LALLY: Your Honor, I'd like to seek to introduce and admit these photographs. Any objection, Miss Little?
MS. LITTLE: No objection, Your Honor.
JUDGE CANNONE: Thank you. Yes, please. With the — hold on, we need to mark these. How many were there, Mr. Lally?
MR. LALLY: Eight.
COURT CLERK: Six.
JUDGE CANNONE: Thank you.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes. Just one moment. Yes, jurors, feel free to stand up and stretch if you'd like.
MR. LALLY: May I approach the witness?
JUDGE CANNONE: Yes.
MR. LALLY: What I'm showing here is what's been marked as Exhibits 58, 59, 60, 63, and 64. I'm going to direct your attention to this. With the laser pointer — just click on this button, okay. With the court's permission, I'd first like to start with Exhibit 58 on the screen. And again, Miss Albert, do you recognize what's up on the screen there?
MS. ALBERT: Yes.
MR. LALLY: And what do you recognize?
MS. ALBERT: That was my home at the time.
MR. LALLY: And from this photograph, do you see that front door area where the foyer is, and the side door area that you were talking about on your house?
MS. ALBERT: Yes.
MR. LALLY: If you could, using the laser pointer in your hand, just direct the jury's attention to where each of those are.
MS. ALBERT: That would be the very front door, and then the side door is over here in between.
MR. LALLY: And as far as what's in the front portion of this photograph — do you recognize that, as — if I'm standing and facing, as this photograph is — your house, where you live at 34 Fairview Road. What, if anything, do you have as sort of a landmark or an item that you observe in that sort of left area of the yard?
MS. ALBERT: Flagpole.
MR. LALLY: Is there a fire hydrant there as well?
MS. ALBERT: Yes.
MR. LALLY: And do you see anything as far as like a box or something like that?
MS. ALBERT: Yeah, I believe there was some electrical box that I don't think we ever actually knew what it was or what it did.
MR. LALLY: Fair to say, all the years you lived there, it's not something that you utilized or even knew what it really did?
MS. ALBERT: No.
MR. LALLY: Now, this particular area of the yard — in its relation to the house — was that a part of the yard that was used or utilized by the family all that much when you lived there?
MS. ALBERT: No.
MR. LALLY: And that part of the yard where the fire hydrant and flagpole are — how close is that to sort of the next-door neighbor's abutting of the property?
MS. ALBERT: It's pretty close. It's almost — I would say, you know, close to the property line.
MR. LALLY: Now, as far as from the side of the road — in between sort of the curbing from the roadway and your front lawn — there's nothing there as far as a sidewalk or anything like that. Is that correct?
MS. ALBERT: Right.
MR. LALLY: And the curbing that's between sort of the roadway and the front lawn — how would you describe that? Is it a sharp curb or a rounded curb?
MS. ALBERT: It was kind of a rounded...
MS. ALBERT: ...rounded curb.
MR. LALLY: Now, um, with reference to your driveway, um, do you see that depicted in this particular photograph?
MS. ALBERT: You can't really see it in the picture.
MR. LALLY: No. But I mean it — it would be over here. Thank you. Yeah. Um, if I could direct your attention to the next photograph that you have before you. If I can have that one up on the screen as well. Miss Albert, would you recognize what's up on the screen?
MS. ALBERT: Yes.
MR. LALLY: And, uh, this is just another photograph of your home as it was around January 2022, at 34—
MS. ALBERT: Yes.
MR. LALLY: And from this photograph, you see, uh, now sort of the driveway. And where is—
MS. ALBERT: Yes.
MR. LALLY: And if you could just, uh, indicate to the jury sort of where in this photograph that would be — the driveway?
MS. ALBERT: The driveway was right here. The two garage doors, and then there was driveway right along here.
MR. LALLY: Now, in reference to that driveway — or in reference to your family at the time that lived at the house — about how many cars would there typically be when everyone's home, parked in the driveway?
MS. ALBERT: Um, could have been four. Um — let me think — one, two, three — I think four.
MR. LALLY: And who would those vehicles be typically operated by, and what kind of vehicles are we talking about?
MS. ALBERT: I had my car, um, which was a Cadillac SUV. Um, my husband had his work car, and then, um, we had — I think a Ford Explorer, and then the kids were driving a Ford, um, Escape maybe. All sort of bigger cars? All sort of SUVs?
MR. LALLY: Yeah. If I can direct your attention to the next photograph. And again, what's up on the screen — is that what you have before you as the next exhibit?
MS. ALBERT: Yes.
MR. LALLY: Just for the record, if you could read the number that's on that photograph.
MS. ALBERT: 60.
MR. LALLY: And, uh, again, what's up on the screen — is that just another depiction of your home?
MS. ALBERT: Yes.
MR. LALLY: Now, when you open that door and Officer Lank is there, and you invite him in your house to talk, um, you said that you saw some cruisers. Correct? Where in relation to your property were the cruisers when you opened the door? If you could direct the jury's attention.
MS. ALBERT: I believe they were right here, somewhere here.
MR. LALLY: Um, if I could direct your attention to the next photograph that's in there. And again, the photograph that's up on the screen — is that what you have before you? And again, I'm sorry to keep asking, but could you read the number that's on the photograph?
MS. ALBERT: 63.
MR. LALLY: And so Exhibit 63 up on the screen — if you could describe to the jury sort of what part of your property or abutting property are we looking at.
MS. ALBERT: Um, I believe our property ended, you know, somewhere along here. So right about in the general area of the electrical box and fire hydrant you're talking.
MR. LALLY: Yeah. Yeah. And that next door residence — do you know offhand what the number was for that?
MS. ALBERT: Um, I don't. Maybe 36. I'm not sure.
MR. LALLY: In terms of your number, 34?
MS. ALBERT: Yeah.
MR. LALLY: Um, and if I could direct your attention to the next photograph, 64.
MS. ALBERT: Thank you. Yeah.
MR. LALLY: Um, so with respect to this photograph, um, as far as the sort of side door — do you see that in this photograph?
MS. ALBERT: Yeah, yeah. The side door would be right here.
MR. LALLY: And there's sort of another door off to the right of the photograph. Is that correct?
MS. ALBERT: Yep. That door would go into the garage.
MR. LALLY: And typically, at least around this time of January or late January 2022, as far as the vehicles that you were talking about — would any of those vehicles go in the garage, or what was in the garage?
MS. ALBERT: The garage was a little bit cluttered, so, um, if there was a storm coming, we would try to arrange things so we could at least maybe get one or two of the cars in there. But otherwise we didn't put the cars in the garage — only if it was going to, you know, be a storm. We would try to get some of them out of the driveway.
MR. LALLY: And with reference to these specific dates of January 28th and the 29th, in this specific storm — do you recall anything as far as putting vehicles in the garage on those days?
MS. ALBERT: I don't. I'm not sure. Not sure if we had maybe put mine in there, because I had gotten picked up that night. I'm not sure.
MR. LALLY: And, uh — is there one more photograph that we have to talk about?
MS. ALBERT: Um, 58?
MR. LALLY: Yeah? No? Okay. Now, in addition — let me ask you this. At this time in January of 2022, did your family have any pets?
MS. ALBERT: Yes.
MR. LALLY: And, uh, how many pets did you have?
MS. ALBERT: We had one. We had a dog.
MR. LALLY: What was the dog's name?
MS. ALBERT: Chloe.
MR. LALLY: And what type of dog was it?
MS. ALBERT: She's a German Shepherd mix.
MR. LALLY: And, um, how long had you had the dog at that point?
MS. ALBERT: Six years, I believe.
MR. LALLY: And do you recall sort of when you got the dog, how you got the dog, or where you got the dog from?
MS. ALBERT: Um, we got the dog from a shelter in Texas.
MR. LALLY: And what — what type of shelter — fair to say it's a rescue dog?
MS. ALBERT: Yes.
MR. LALLY: And, uh, where did the dog typically go within the house?
MS. ALBERT: She was allowed anywhere in the house.
MR. LALLY: And as far as nighttime — would there be any sort of particular pattern of where the dog would sleep?
MS. ALBERT: Yes. At nighttime, when we went up to bed, it came up with us and it slept in our bedroom.
MR. LALLY: And at any point in time, um, during the time from when you returned from the Waterfall to your home, where was the dog?
MS. ALBERT: Well, the dog had been up in the room, and I believe my husband, when we first got in, um, brought her down to let her out to go to the bathroom.
MR. LALLY: And when the dog went out, uh, to go to the bathroom — at when you lived at 34 Fairview Road — where would the dog go? How would that—
MS. ALBERT: Well, she pretty much — she knew the door where to go. So when she had to go, she would go to that door, and she would just go out and run in the backyard and go. And on her own.
MR. LALLY: So on her own. And someone would sort of stand at the back door?
MS. ALBERT: Yes.
MR. LALLY: And the back door that we're talking about — what kind of door is that?
MS. ALBERT: A regular door. I mean — a door that opens. It is — sliding? Oh, yeah, no. Just a regular door. And it had, I think, a storm door, you know, behind it.
MR. LALLY: And, um, the backyard area of your home at 34 — when you lived there, in around January 2022 — how was that enclosed at all?
MS. ALBERT: It was fenced in.
MR. LALLY: So the dog couldn't get out if everything was closed up in the back?
MS. ALBERT: Yes. As long as the gates were shut.
MR. LALLY: And as far as that particular evening, uh, after you returned from the Waterfall — you indicated your husband let the dog out. About how long a period of time was the dog outside?
PARENTHETICAL: [someone]
MR. LALLY: : Objection, Your Honor.
MS. ALBERT: I believe it was pretty quick. She went, did her business, and came back in. I think she might have walked around the kitchen for a minute or two, and then I think he just brought her back upstairs.
MR. LALLY: And to your knowledge, did Chloe the dog — did Chloe go outside at any other point over the course of that evening?
MS. ALBERT: No.
MR. LALLY: Now, at some point, um, obviously you've moved from 34 Fairview Road. Correct?
PARENTHETICAL: [someone]
MR. LALLY: : Objection.
MS. ALBERT: Yes.
MR. LALLY: And, uh, when about was it in relation to this incident of January 29th, 2022, that you moved?
MS. ALBERT: We moved in April of 2023.
MR. LALLY: And, uh, what if any plans or discussions were there in reference to moving prior to January—
JUDGE CANNONE: Not the specifics, but generally — not the conversation.
MS. ALBERT: Um, we had always planned to move. But it was — it was in our plans that, you know — kids were starting to get older, we were looking into possibly downsizing. So at the end of 2021, um, my — my husband's brother had sold his house—
JUDGE CANNONE: No. I'm going to allow that.
MS. ALBERT: My husband's brother had sold his house, um, and got a good deal for it. It sold pretty quickly. The market was really good at that time. So we just started thinking, hey, you know, the kids are getting older, a couple of them had already moved out. We weren't going to be able to stay in that house — you know, it's like a five-bedroom house. Once our kids were gone, my husband and I wouldn't have been able to maintain it. It needed a lot of work, we couldn't afford it. You know, so we said, maybe now is a time we should, um, put it on the market and see what happens. So I think in November, December—
JUDGE CANNONE: Next question, Mr. Lally.
MR. LALLY: Sorry. No, that's okay. So you put it on the market and sold, and then you — you moved—
JUDGE CANNONE: Sustained. Ask a non-leading question.
MR. LALLY: When was it that the sale was finalized?
MS. ALBERT: April. April of '23.
MR. LALLY: And as far as selling the house — what if any relationship did that have to what occurred on January 29th, 2022?
MS. ALBERT: It had no relation to it. We had already had thoughts and plans of doing it before that happened. We had reached out to a realtor in the end of '21.
MR. LALLY: Yes. I have nothing further for this witness.
JUDGE CANNONE: All right, Miss Little.