Commonwealth v. Read — Trial ArchiveNicole Albert - Redirect/Recross
57 linesMR. LALLY: Thank you, your honor. With regard to the phone calls from your sister Jennifer McCabe that morning, shortly after 6:00 a.m., did those phone calls wake you up?
MS. ALBERT: No.
MR. LALLY: Did you answer those phone calls?
MS. ALBERT: No.
MR. LALLY: Did you speak to Jennifer McCabe on the phone at any point that morning, prior to her coming into your room?
MS. ALBERT: I did not.
MR. LALLY: And you were shown something that's a Cellebrite extraction on the device, correct?
MS. ALBERT: Yes.
MR. LALLY: And not just that specific one, but have you ever seen any Cellebrite extraction report before in your life?
MS. ALBERT: No.
MR. LALLY: Fair to say you don't know how to interpret the data that's on there?
MS. ALBERT: No.
MR. LALLY: Fair to say that you don't know whether or not an answered call, or something that's listed as answered, was something that was actually answered or went to voicemail?
MS. ALBERT: Correct.
MR. LALLY: Now, with regard to your dog, Chloe, following that incident in May of 2022, what, if anything, did you and your husband do with regard to the person that had been bitten?
MS. ALBERT: Well, we had gone over to their house to apologize for what had happened and offered to pay any bills they may have had for any injury, or anything. And then after that, we just decided that we thought the best thing to do would be to try to rehome her, because I just didn't want something like that to happen again.
MR. LALLY: And can you explain to the jury what steps you took in the process of rehoming your dog?
MS. ALBERT: Well, initially I had called a bunch of shelters and they were pretty much telling me that it would be hard to rehome her — she was dog-aggressive and they would probably have to put her down. I didn't want to do that. The family, we love the dog, and I did not want to do that. So I reached out to the woman in Texas who we got the dog from to see if she could help. And she said she couldn't take her back but she would try to help me out. So she ended up finding a woman who lived in Vermont. I think she lived alone. She had — — big property. It seemed like a good fit. She wanted to take Chloe, and we made arrangements, and I went and met this woman halfway and I gave her Chloe.
MR. LALLY: And what, if any, conversations or contact have you had with that woman in Vermont since rehoming your dog?
MS. ALBERT: For a few months after —
MS. LITTLE: Objection.
MR. LALLY: Not — not the substance of it, but have you had contact with the woman in Vermont?
MS. ALBERT: Yes, I did, for a few months, back and forth.
MR. LALLY: Now, with reference to Chloe — when your sister Jennifer McCabe comes into your bedroom, hysterical, that morning of January 29th, was Chloe in the room at the time?
MS. ALBERT: Yes.
MR. LALLY: Now, you were asked some questions about the evening — or the early morning — when people had come from the Waterfall back to your home, correct?
MS. ALBERT: Mm-hmm.
MR. LALLY: And at some point, you were cleaning, and Mr. Higgins and your husband were out of your line of sight — is that correct?
PARENTHETICAL: [sidebar.] [sidebar]
MS. ALBERT: Yes.
MR. LALLY: How long a period of time are we talking?
MS. ALBERT: I — I don't know. It wasn't very long. Could be a couple minutes. I wasn't watching where everybody was and what everybody was doing.
MR. LALLY: Fair to say a relatively short period of time?
MS. ALBERT: Yes, yes.
MR. LALLY: I have nothing further.
JUDGE CANNONE: Okay.
MS. LITTLE: Briefly, your honor.
JUDGE CANNONE: Okay. So you need to take this down, sir. Thank you. There was something that was just up there. Go ahead.
MS. LITTLE: Miss Albert, you never received any voicemails from Jennifer on January 29th?
MS. ALBERT: Not that I'm aware of.
MS. LITTLE: You also have never produced, pursuant to our requests, any documentation about the whereabouts of Chloe —
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
JUDGE CANNONE: I'm going to strike that question. Disregard the question. Well, questions aren't evidence, so we can leave it on the record, but — the objection is sustained.
MS. LITTLE: You've never turned over any information about the location of Chloe since the pendency of this case, have you?
MR. LALLY: Objection.
JUDGE CANNONE: I'm just going to sustain the objection.
MS. LITTLE: Have you ever provided information about the whereabouts of Chloe to the Commonwealth?
MS. ALBERT: Yes, I believe I have.
MS. LITTLE: You have?
MS. ALBERT: I believe so.
MS. LITTLE: When did you do that?
MR. LALLY: Objection.
JUDGE CANNONE: You may —
MS. LITTLE: No further questions.
JUDGE CANNONE: Okay. Thank you very much. All right, Miss Albert, you are all set. Thank you.
JUDGE CANNONE: Your next witness, Mr. Lally?