Nicole Albert — Direct

MR. LALLY: Thank you, Your Honor.

MR. LALLY: Good morning, ma’am.

MR. LALLY: Could you please state your name and spell your last name for the jury?

MR. LALLY: And where do you live?

MR. LALLY: And about how long have you lived in Norwood?

MR. LALLY: And prior to moving to Norwood, where did you live prior to that?

MR. LALLY: And how long had you lived in Canton?

MR. LALLY: Now, the specific address, where did you live in Canton prior to your move to Norwood?

MR. LALLY: And how long did you live at that house?

MR. LALLY: And are you married, ma’am?

MR. LALLY: What’s your husband’s name?

MR. LALLY: And does he work?

MR. LALLY: And about how long was he an officer with the Boston Police?

MR. LALLY: And do you have children?

MR. LALLY: And how old are your five children?

MR. LALLY: And your oldest daughter, what’s her name?

MR. LALLY: And your oldest son, what is his name?

MR. LALLY: And Brian, Jr., does he live with you currently?

MR. LALLY: I’m sorry. I’m just going to wait for the siren to go by.

MR. LALLY: Your other children, do they live with you as well?

MR. LALLY: And which branch is he in?

MR. LALLY: Now, if I could turn your attention to January 28th, 2022, do you recall that day?

MR. LALLY: And do you recall what day of the week that was?

MR. LALLY: And at the time of January 28th of 2022 did you work?

MR. LALLY: And you’ve since retired; is that correct?

MR. LALLY: You’ve since retired from that?

MR. LALLY: And around that date of -- so January 28th of 2022, what, if any, significance was the next day of January 29th?

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 and his birthday?

MR. LALLY: Okay. And coming up to that day of Friday, the 28th, what, if anything, sort of changed in reference to those plans?

MR. LALLY: And had you at that time already made some plans with friends and relatives in regard to going out Friday?

MR. LALLY: And, just to be clear for the record, when you Say your sister-in-law Julie, how is she sort of related to you?

MR. LALLY: And your husband has a number of siblings; correct?

MR. LALLY: And yourself and Julie Albert, you guys are friends?

MR. LALLY: And, so, also just one last guestion sort of leading up through the course of that week. Where did your husband, Brian, go?

MR. LALLY: And do you know who the funeral was in regard to?

MR. LALLY: And do you recall how he got there, as far as how he went from Canton to New York?

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?

MR. LALLY: And is that someone, Mr. Higgins, that you were familiar with prior to that date in January?

MR. LALLY: Now, on that evening of the 28th, can you explain to the jury sort of how it was that you -- where did you decide to go with your daughter and your sister-in-law, Julie?

MR. LALLY: And, when your sister (sic), Julie, came to pick you up at the house, in addition to yourself and your son, Brian, Jr., who, if anyone else -- were any of his friends there at that time?

MR. LALLY: So you go out to the Waterfall. When you get to the Waterfall, where within the establishment did you go?

MR. LALLY: And, as far as drinks were concerned, do you recall sort of what you were drinking that night?

MR. LALLY: Now, later on in the evening was there any sort of live entertainment there?

MR. LALLY: And then after you were moved over to the high-top table who, if anyone else, came in to join your group?

MR. LALLY: And, again, just to be clear, when you say your sister, Jen, and her husband, Matt, what is their last name?

MR. LALLY: And she’s your younger sister; is that correct?

MR. LALLY: Now, as far as after they came in, who, if anyone else, sort of came in and joined your group?

MR. LALLY: And after your husband, Brian, came in, was there anybody else that came in and joined your group after?

MR. LALLY: So your husband, Brian, and Brian Higgins came in separately about a half hour apart?

MR. LALLY: Okay. And following that who, if anyone else, came into the establishment and sort of joined your group at the high-top table?

MR. LALLY: And, when you say “John,” who is John?

MR. LALLY: And how did you -- or did you know John O’ Keefe prior to that night?

MR. LALLY: And it’s probably pretty well understood, but just to be clear, as far as the sister that you knew of John through, that was your sister that was there, Jennifer McCabe?

MR. LALLY: Okay. And you referenced his girlfriend. Had you ever met his girlfriend before that night?

MR. LALLY: Had you ever -- so you had never met Karen Read prior to that night as far as you recall?

MR. LALLY: And at any point in time did you have any interaction or what, if any, interaction did you have with either Mr. O’Keefe or Ms. Read?

MR. LALLY: And, as far as your understanding or your knowledge of Mr. O’Keefe, did you know what he did for a living?

MR. LALLY: And what did he do?

MR. LALLY: Okay. And was he somebody, if you know, that worked with your husband?

MR. LALLY: Fair to say the Boston Police Department is a relatively large department; correct?

MR. LALLY: Now, with reference to Ms. Read, what, if any, interaction did you have with her that night?

MR. LALLY: Now, turning back to Mr. O’Keefe just fora second. If you recall, what, if anything, do you recall him to be wearing as far as clothing was concerned during your interaction with him?

MR. LALLY: At any point in time that you saw him or while he was talking to you did you see any sort of like winter jacket or big coat or anything like that?

MR. LALLY: And, as far as his clothing was concerned, did you observe it to have any sort of tears in it or any dishevelment, anything like that?

MR. LALLY: And, as far as his face was concerned, any sort of outward part of his body, did you observe -- or what, if anything, did you observe with regard to injuries on him or anything like that?

MR. LALLY: Now, as far as your home was concerned, was that somewhere that either Mr. O’Keefe or Ms. Read had ever been to before?

MR. LALLY: And over the course of the evening what, if any, discussion was there that you heard or were a part of in regard to sort of what was going to do or where to go after leaving the Waterfall?

MR. LALLY: And if anybody else had wanted to join or come along, would that have been an issue?

MR. LALLY: But, as far as you knew, you just communicated that to your sister, Jennifer, and whatever happened after that happened after that?

MR. LALLY: Okay. And, when you say sort of the band was wrapping up, the bar was sort of winding down; is that correct?

MR. LALLY: About what time was that?

MR. LALLY: And about what time was it, if you know? About what time was it that you left the bar?

MR. LALLY: And who, if anyone, left with you?

MR. LALLY: And how did you get -- how did you get from the Waterfall back to your house on Fairview?

MR. LALLY: And, when you came outside of the Waterfall and were sort of, you know, 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?

MR. LALLY: 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 on Fairview?

MR. LALLY: And as -- when you arrived at Fairview, who, if anyone, was there when you got there?

MR. LALLY: And let me back up just for a minute. So when you arrive there, your husband, Brian, is driving, where does he park in relation to the house?

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?

MR. LALLY: And do you recall on that evening which side of the driveway he pulled into, the left or the right?

MR. LALLY: And, when you come into and enter into the house, when you were living there at 34 Fairview, was there -- how many doors are there sort of on the front of the house?

MR. LALLY: And is there any sort of particular rhyme or reason as to which door you would be entering?

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?

MR. LALLY: Okay. And about how old was Colin around that time?

MR. LALLY: And you mentioned that he had a ride. Did he give you any indication as to who that ride was?

MR. LALLY: Okay. 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 was that?

MR. LALLY: Okay. And then he left the home?

MR. LALLY: And you didn’t see him for the rest of the night?

MR. LALLY: And then you come into the home. And, again I’m sorry, who was there sort of initially when you come?

MR. LALLY: And 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?

MR. LALLY: So, as far as the dining room and the kitchen, is there any sort of like wall or structure or anything separating?

MR. LALLY: Okay. And if I were to go sort of further back within that home beyond the kitchen and the dining room, what’s back there?

MR. LALLY: Okay. And is there anything as far as a wall -- can you see into the family room from where --

MR. LALLY: So if someone were standing in the family room and you were standing in the kitchen, you could see them, converse with them, that kind of thing?

MR. LALLY: Okay. 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?

MR. LALLY: Was there any sort of music playing or anything like that going on?

MR. LALLY: When you say “at that time,” was there anything that happened later on?

MR. LALLY: One of those little JBL like --

MR. LALLY: And you get back to the house, and what is it that you’re doing sort of when you come back in?

MR. LALLY: And I don’t mean to minimize this in any way, but basically you did the mom thing where go around and start cleaning up; correct?

MR. LALLY: And is that something that you did sort of continuously throughout the evening or --

MR. LALLY: Now, after you arrived home who, if anyone else, came by your house?

MR. LALLY: And, so, Mr. Higgins, did he come in around the same time as you or did he come after, before?

MR. LALLY: Do you have any idea sort of what Mr. Higgins was driving that night when he came to your house?

MR. LALLY: And do you have any idea where in reference to your house where Mr. Higgins parked?

MR. LALLY: Not something you were particularly paying attention to?

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 Ms. McCabe and her husband come?

MR. LALLY: And, as far as your nephew Colin, when he had left was Ms. McCabe and her husband there yet?

MR. LALLY: And, when Ms. McCabe and her husband come, where is it that -- while you’re at your house where is it that everybody sort of congregates?

MR. LALLY: And back at your home, after leaving the bar, was there any drinking that was going on there afterward?

MR. LALLY: Okay. And about how long -- let me skip forward to a little bit when people had left your home. About how long a period of time was it that people from the time that you arrived back from the Waterfall to the time that people sort of left and you closed down for the night?

MR. LALLY: And who was the last person that left?

MR. LALLY: Okay. And do you know how it was that she left or who, if anyone, picked her up?

MR. LALLY: Her boyfriend, Tristin, picked her up because, like I said, he was going to have to get up anyways overnight to do the shoveling/plowing thing. Sol think she didn’t want to get stuck probably at our house for the next day, so she had just said, hey, can you --

MR. LALLY: Now, prior to your daughter Caitlin leaving, who was the -- well, let me ask you this. As far as people leaving from your house, what was sort of the order of how people left and when people left?

MR. LALLY: And, when your daughter Caitlin left, who, if anyone, was left downstairs and sort of awake between yourself and the other people that lived there?

MR. LALLY: So your son and your husband had both gone up to bed at that point?

MR. LALLY: And at any point in time -- so you mentioned that there were a number of people that were sort of around the table in the kitchen; correct?

MR. LALLY: And --

MR. LALLY: And where did anybody else go sort of around your house during that time?

MR. LALLY: And, to your knowledge, had Mr. Higgins been over to your house at any point prior?

MR. LALLY: Now, as far as the outside of the house, at any point in time during the course of the evening did you hear anything unusual, see anything unusual outside of your house?

MR. LALLY: At any point in time did you go -- were you aware of anybody coming to your house that didn’t come in?

MR. LALLY: So you saw your son’s friend Julie go outside?

MR. LALLY: Okay.

MR. LALLY: And at some point did Julie come back into the house?

MR. LALLY: And about how long was it, if you know, that she was outside before she came back in?

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?

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?

MR. LALLY: And at any point in time either on that evening or that early morning of the 29th were you aware that they were coming to your house?

MR. LALLY: Let me ask you a little bit about sort of going back to the Waterfall just for a brief moment. Over the course of your time there, how would you describe sort of the tone or how was everybody at the Waterfall?

MR. LALLY: So nothing abnormal, no arguments, no fighting or anything like that?

MR. LALLY: And the same guestion as it relates to back at your house now at 34 Fairview Road. How would you describe sort of the atmosphere back there?

MR. LALLY: Now, after your daughter, Caitlin, gets picked up and she leaves, what, if any -- how long did you stay up after that?

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?

MR. LALLY: And is that something that you would always do, typically do, never do?

MR. LALLY: And, when you went up to bed, you share a bedroom with your husband, Brian; correct?

MR. LALLY: And was he awake or asleep when you went up?

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?

MR. LALLY: At some point you fall asleep and then you wake up the next day; is that right?

MR. LALLY: And turning your attention to later on that morning, on the 29th -- so you had gone to bed about what time?

MR. LALLY: And it’s a little unclear from my question. But when you go up to your bedroom, about what time is that?

MR. LALLY: And, so, the 2:30 that you’re talking about, is that sort of when you fall asleep?

MR. LALLY: And, from that next morning, how is it that you wake up the next morning?

MR. LALLY: And comes bursting into your bedroom; is that correct?

MR. LALLY: And what, if any -- how would you describe your sister, Jennifer, and how was she sort of acting at that point?

MR. LALLY: Your Honor, if I may? May we approach?

MR. LALLY: It is hearsay, but I believe it falls under an exception based on the state of minds as well as it's -- I'm not offering it for the truth of the matter asserted. I'm offering it -- basically, that's what gets this witness downstairs in the house and onto the sort of next observations as far as where she goes, what she sees, effect on the listeners, essentially.

MR. LALLY: So I just expect her to say that eventually her sister -- as to John O'Keefe. And she still at that point doesn't know what she's talking about. And then this sister, Jennifer, says, the police are downstairs and they want to talk to you. And that's what causes her and her husband to get up and go downstairs.

MR. LALLY: I’m sorry, Your Honor. One moment.

MR. LALLY: Let me back you up just for a second and I’1l get back to that. As far as when your sister, Jennifer, comes into your bedroom, do you know about what time that was?

MR. LALLY: And fair to say that’s not a normal occurrence?

MR. LALLY: And if you could just describe your sister Jennifer’s demeanor when she first comes into your bedroom.

MR. LALLY: And she said some things to you. And then where did you go from there?

MR. LALLY: So that front foyer area would have been the front door you were talking about before?

MR. LALLY: And, when you get sort of down to the bottom of the stairs, is it just Officer Lank? Are there any other officers with him?

MR. LALLY: As far as when you looked outside, did you see any ambulance or fire trucks, anything like that?

MR. LALLY: And, as far as Officer Lank or any other officers, these are officers with the Canton Police; is that correct?

MR. LALLY: Okay. And where did they go once you opened the door?

MR. LALLY: And the table that you’re talking about, where in the house did you talk to Officer Lank?

MR. LALLY: And, without regard to sort of the content of the conversation, but about how long a period of time did that conversation with the officer go on for?

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?

MR. LALLY: And you welcomed them inside once you realized what was going on and they --

MR. LALLY: Now, after the officers leave from your home, what happened then?

MR. LALLY: Your Honor, as far as -- may we approach just briefly?

MR. LALLY: I understand, but what this witness said to someone else is not hearsay.

MR. LALLY: Just as far as she was asking what happened. But, again, I can make clear to the witness that she is not to respond as to anything that was said back to her. But her asking questions I think is perfectly reasonable.

MR. LALLY: And, so, Ms. Albert, without any sort of specifics of your conversation with Ms. McCabe, you had a conversation with her; is that correct?

MR. LALLY: And about how long did that conversation go on for in the kitchen?

MR. LALLY: And, just to be clear, when we say “all,” who is all at this point?

MR. LALLY: And at some point later on did other people come over to your house?

MR. LALLY: And do you know how he came to be at your house that morning?

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?

MR. LALLY: And what happened then?

MR. LALLY: You spoke to your husband and where did he go?

MR. LALLY: So your husband goes to the door and at some point your sister-in-law, Julie, comes in the house?

MR. LALLY: And, if you know, about how long a period was Julie at your house initially that morning?

MR. LALLY: If you’re not sure, you’re not sure. So, as far as the people that were over your house that morning, do you have any idea of sort of how long people were congregating around your house after that initial Ms. McCabe bursting into your bedroom?

MR. LALLY: And at some point you had mentioned that the Canton officers had indicated that you may be spoken to at some subsequent time by troopers from the state police; correct?

MR. LALLY: And when was it that you -- if you know, when was it in relation to this date that you spoke to anybody from the state police?

MR. LALLY: And do you recall where you were when you were interviewed?

MR. LALLY: Now, with reference to -- you indicated that on the way back from the Waterfall to your house at Fairview on the night previous, on the 28th, into the 29th, it had just started to snow; is that correct?

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 in the interim?

MR. LALLY: Now, at any point in time over the course of that day, on the 29th, did you -- you, yourself, did you go outside from your house into the front yard or the driveway or anywhere else?

MR. LALLY: And anyone else from your house, other than the people coming and going, the people that lived there, did you observe them going out into the front of the house area?

MR. LALLY: Your Honor, may I approach the witness?

MR. LALLY: Ms. Albert, I’m placing before you a series of eight photographs. I’d just ask you to look at them, review them, and then just look up whenever you’re done.

MR. LALLY: They are not.

MR. LALLY: I’d just ask you, ma’am, in general, in those photographs, do you recognize what’s in those photographs?

MR. LALLY: And what do you recognize those to be?

MR. LALLY: That was your front yard when you lived at 34 Fairview Road?

MR. LALLY: And what’s contained in there, is that a fair and accurate portrayal of around the time of January 29th, 2022?

MR. LALLY: Your Honor, the Commonwealth would seek to introduce and admit as the next exhibit --

MR. LALLY: Eight, Your Honor.

MR. LALLY: Your Honor, may I approach just to retrieve?

MR. LALLY: Just one moment, Your Honor?

MR. LALLY: May I approach the witness, Your Honor?

MR. LALLY: Ms. Albert, what I’m showing you here is what’s been marked as Exhibits 58, 59, 60, 63 and 64. And I’m going to direct your attention to this before you. It’s a laser pointer. Just click on this button there and press it. Okay?

MR. LALLY: And, Your Honor, with the Court’s permission, first I’d just like to start with Exhibit 58 on the screen.

MR. LALLY: And, again, Ms. Albert, do you recognize what’s up on the screen there?

MR. LALLY: And what do you recognize that to be?

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?

MR. LALLY: Okay. And, if you could, using the laser pointer in your hand, just direct the jury’s attention to where each of those are and indicate where they are.

MR. LALLY: And, as far as sort of 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 --

MR. LALLY: -- where you lived 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?

MR. LALLY: Is there a fire hydrant there as well?

MR. LALLY: And do you see anything as far as like a box or something like that?

MR. LALLY: So fair to say all the years that you lived there, it’s not something that you utilized or even knew what it really did?

MR. LALLY: Now, this particular area of the yard and 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?

MR. LALLY: And that part of the yard with the fire hydrant and flagpole, that is, how close is that to sort of the next door neighbor’s abutting property?

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?

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, rounded curb?

MR. LALLY: Now, with reference to your driveway, do you see that depicted in this particular photograph?

MR. LALLY: If I could direct your attention to the next photograph that you have before you.

MR. LALLY: And, Ms. Gilman, if I could have that one up on the screen as well?

MR. LALLY: And, again, Ms. Albert, do you recognize what’s up on the screen?

MR. LALLY: And this is just another photograph of your home as it was around January 2022 at 34 Fairview Road?

MR. LALLY: And from this photograph do you see now sort of the driveway and where that is?

MR. LALLY: And if you could just indicate to the jury sort of where in this photograph that would be?

MR. LALLY: Now, in reference to that driveway or in reference to your family at the time you lived at the house, about how many cars would there typically be when everyone is home parked in the driveway?

MR. LALLY: And who would those vehicles be typically operated by and what kind of vehicles are we talking about?

MR. LALLY: All sort of bigger cars, all sort of SUVs; is that fair to say?

MR. LALLY: If I could 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?

MR. LALLY: And, just for the record, if you could the number that’s on that photograph, ma’am?

MR. LALLY: And, again, what’s up on the screen, is that just another depiction of your home at that time?

MR. LALLY: Now, when you open that door and Officer Lank is there and you invite him into your house to talk, you said that you saw some cruisers; correct?

MR. LALLY: Where in relation to your property were the cruisers when you opened the door and saw them? And if you could direct the jurors’ attention in this photograph.