Brian Loughran - Cross

MR. BRENNAN: Good morning, sir.

MR. BRENNAN: Have you and I met before?

MR. BRENNAN: This is our first time speaking.

MR. BRENNAN: Sir, you say that your memory from that night is very strong. Would it be fair to say that before today, you've talked about this case many times?

MR. BRENNAN: You've interviewed with different law enforcement people as well as civilians and attorneys, haven't you?

MR. BRENNAN: I have not been one of them.

MR. BRENNAN: And is it fair to say that when you've recounted that night as far as times and what you saw, many times your memory has changed? Is that fair to say?

MR. BRENNAN: You spoke to a private investigator on behalf of the defense shortly after that night?

MR. BRENNAN: Was that the first time that you spoke to somebody about what you had seen or not seen?

MR. BRENNAN: That is the first time?

MR. BRENNAN: Inevitably over time you have given statements to at least four different people.

MR. BRENNAN: And you've testified in court under oath.

MR. BRENNAN: During the pendency from that night until today, it's fair to say there are many times where you have been intimidated. Isn't it?

MR. BRENNAN: You've been threatened.

MR. BRENNAN: You were aware, sir, that you were being threatened by an online blogger to expose you?

MR. BRENNAN: You're saying as you sit here today, you have no awareness in the history of this case that you were being threatened by an online blogger.

MR. BRENNAN: Was the online blogger threatening or saying that he would expose you and tell personal things about you if you weren't helpful?

MR. BRENNAN: Let's remove the word threatening. Was the person communicating and making clear to you that if you didn't testify in a certain way, there would be some consequence to you.

MR. BRENNAN: Anytime from when you first spoke to the private investigator until today, were there communications made to you by an online blogger that there would be consequence for you if you didn't testify in a way that was acceptable to them?

MR. BRENNAN: You listened, of course, didn't you, to podcasts that were about you?

MR. BRENNAN: People told you about them.

MR. BRENNAN: When friends told you about them, you knew who that person was that was making those claims.

MR. BRENNAN: You were well aware the person had a very strong and large social media presence.

MR. BRENNAN: Well, you know now because you follow that blogger now, don't you?

MR. BRENNAN: You pay for a subscription?

MR. BRENNAN: Did you get one for free?

MR. BRENNAN: And in following that blogger, you know full well the power that person has to get attention from the community to harass.

MR. BRENNAN: And so during the pendency of this case, not only were you aware that you were being pressured to testify a certain way, you also there'd be consequences. Isn't that true?

MR. BRENNAN: You knew there was pressure for you to testify a certain way in this case, did you?

MR. BRENNAN: Sorry for your loss, but you are aware during the pendency of this case that there has been pressure on you to testify in a certain way. Isn't that fair to say?

MR. BRENNAN: Sir, you received a call from that blogger, didn't you?

MR. BRENNAN: And during that call, did you know the person was recording you?

MR. BRENNAN: You later learned that the person recorded you?

MR. BRENNAN: Do you know that your conversations were spread throughout the community online?

MR. BRENNAN: Sir, some of those communications or inquiries were claims that you would be exposed for personal matters if you didn't testify a certain way, weren't they?

MR. BRENNAN: Inevitably, you've met this person, haven't you?

MR. BRENNAN: Have you ever spent time with him?

MR. BRENNAN: You still a follower of that blog?

MR. BRENNAN: When you follow the blog, do you read anything or do you watch it?

MR. BRENNAN: As you follow it, you can see there are often times articles about you.

MR. BRENNAN: Haven't you ever been encouraged to do the right thing?

MR. BRENNAN: Haven't you ever been celebrated after you've testified in a way favorable for one side or the other?

MR. BRENNAN: And so when you were being celebrated, that certainly took off any pressure that there would be consequence, didn't it?

MR. BRENNAN: When you were celebrated for testifying a certain way, did you find that to be encouraging?

MR. BRENNAN: Did you?

MR. BRENNAN: Did you enjoy the attention that you got?

MR. BRENNAN: Did you pose in photographs with people who support one side or the other?

MR. BRENNAN: Are you saying that you didn't enjoy the attention that you were receiving?

MR. BRENNAN: Well, did anybody from the district attorney's office ever suggest they would confront you or punish you if you didn't testify a certain way?

MR. BRENNAN: How many friends contacted you about what was being said before you testified? How many people told you about that?

MR. BRENNAN: So you were hearing a lot of noise or information from your friend group and community about what was being said about you.

MR. BRENNAN: And this was before you testified at the first trial. Sir, this was what — four. Sir, you work hard, don't you?

MR. BRENNAN: You work many different jobs.

MR. BRENNAN: You try to be a good citizen.

MR. BRENNAN: You are not looking for attention.

MR. BRENNAN: It was brought to you.

MR. BRENNAN: You wish you never had that attention, don't you?

MR. BRENNAN: Because you just want to live your life the way you want to live it rather than have people you don't know attacking, criticizing, or intimidating you.

MR. BRENNAN: So, would it be fair to say that you simply want to live your life the way you've been living it without outside people attacking or pressuring or threatening you?

MR. BRENNAN: On June 5th, 2023, you were contacted by the defense private investigator, weren't you? And you may not know the dates. Were you contacted twice by the private investigator?

MR. BRENNAN: Fair enough. By the way, the blogger that I speak of, do you know if he is friendly or supports one side over the other?

MR. BRENNAN: Okay.

MR. BRENNAN: You've interacted with a private investigator hired by the defense?

MR. BRENNAN: Have you also interacted with any of the attorneys?

MR. BRENNAN: Which attorneys have you interacted with?

MR. BRENNAN: Have you spoken to any other attorneys other than Mr. Yannetti?

MR. BRENNAN: How many times have you spoken to Mr. Yannetti?

MR. BRENNAN: This trial, the entire time from that night until today. Can you remember how many times that you've seen?

MR. BRENNAN: How many times have you gone in to be interviewed by him?

MR. BRENNAN: During those interviews, were they spaced out over the course of this case?

MR. BRENNAN: What was the purpose of those interviews?

MR. BRENNAN: When you went over testimony, were you ever shown prior testimony?

MR. BRENNAN: Were you shown prior reports?

MR. BRENNAN: Were you shown a prior investigator's report?

MR. BRENNAN: Were you shown a prior report by a law enforcement agency that is not the state police and not Canton police?

MR. BRENNAN: When you were discussing your testimony, was there a discussion about the fact that the times that you gave the private investigator were different than the report from that law enforcement agency?

MR. BRENNAN: When you were preparing for trial in those meetings, was it brought up? Did you discuss that there was a difference in your memory or at least in the reports between what you told the defense private investigator and what you told that other law enforcement agency?

MR. BRENNAN: Were you aware that there was a difference between the different statements attributed to your memory as to time, at the first trial?

MR. BRENNAN: When you were with the defense preparing for trial, did you go over your testimony?

MR. BRENNAN: You go over questions and answers?

MR. BRENNAN: Were you ever subjected to a make pretend cross-examination about issues that were important in this case?

MR. BRENNAN: Were you ever pointed to any particular issues that were important to talk about in this case?

MR. BRENNAN: When you did the questions and answers, were they written down or just a conversation?

MR. BRENNAN: When you went through the questions and answers in preparing, practicing for your testimony, were they written down?

MR. BRENNAN: Those four times that you met, is that a guess or was it four times?

MR. BRENNAN: Could it have been more?

MR. BRENNAN: And during those four times, was there anything different other than going through questions and answers about testimony and preparation? Was there any other subjects talked about?

MR. BRENNAN: Did you ever receive any compensation, sir?

MR. BRENNAN: Do you know other people were sending you compensation that you didn't receive?

MR. BRENNAN: You don't know?

MR. BRENNAN: Were you given anything to bring home with you so that you could remember past testimony or some of the questions and answers that were going to be asked?

MR. BRENNAN: How long were your meetings in preparation for your testimony?

MR. BRENNAN: Were they all about the same time or were they different? When you came into court last year, it's fair to say this is after you became aware of essentially being targeted. Correct? You can answer that if you can. Can you answer that, Mr. Loughran?

MR. BRENNAN: This was after you received all the information from your friends and people in the community that you were being attacked.

MR. BRENNAN: Are you concerned after this case what happens with the blogger that you

MR. BRENNAN: You talked about your meeting with the private investigator. The first time you met him, do you remember that meeting?

MR. BRENNAN: Do you remember where you met him?

MR. BRENNAN: Did you go anywhere with him that day?

MR. BRENNAN: You had a conversation with him and you spoke about what you had remembered from that night?

MR. BRENNAN: Do you remember when you spoke to that private investigator, you weren't sure how many times you went up and down Fairview that night — that you had said two or three?

MR. BRENNAN: You mentioned that you believe you told the private investigator that you went up and down at 2:30. Do you remember when you spoke to the private investigator, you actually said 3:00?

MR. BRENNAN: May I approach?

MR. BRENNAN: And before I do, do you remember you said that when you went on your second pass it was around 3:15?

MR. BRENNAN: Okay. Now, you said 2:30, and you just now said 2:40 to 2:45, and then you said 45 minutes later.

MR. BRENNAN: Okay. Do you remember telling the private investigator that when you saw a Ford Edge, you were actually still on Cedarcrest? Not on Fairview passing by it, but you saw it from the street at Cedarcrest. Do you remember telling him that?

MR. BRENNAN: May I approach?

MR. BRENNAN: I show you a copy. This is a report that you didn't write, so I don't want you to read it. I want to show it to you and see if it helps remind you of what you told the private investigator that day. You can look at any part of this, but what I'm asking you is whether or not you remember telling the private investigator that when you saw the car, you weren't passing on Fairview — you were up on Cedarcrest. That's the question I'm asking. So I'd ask you to look at whatever part you want, but I'm going to point out the part to you when you're done. Don't answer. Just look up and then I'll get to ask you some questions about your memory.

MR. BRENNAN: Okay. So I'll direct you to this part, but you can look at any part that you want. Are you done, sir?

MR. BRENNAN: May I approach, your honor?

MR. BRENNAN: Sir, do you now remember — when you were speaking to the defense investigator about seeing a car — you said that about 3:30 to 4:00 a.m., when you were plowing Cedarcrest Road, you looked toward Fairview Road and saw a small SUV parked in front of the house. Remember telling the PI that?

MR. BRENNAN: When you spoke to law enforcement — not the Canton police or the state police — you understood it was important to be as accurate as possible.

MR. BRENNAN: And you understood at least with that law enforcement agency, if you misled them in any way, it could be up to a 10-year penalty.

MR. BRENNAN: When you spoke to them, did you take that interview very seriously?

MR. BRENNAN: Tried to be as precise and accurate as you could.

MR. BRENNAN: And when you spoke to them, obviously like anybody, you had in mind that there could be serious consequences if they felt misled.

MR. BRENNAN: You tried to be honest with them.

MR. BRENNAN: Providing your best memory and in good faith.

MR. BRENNAN: And this was shortly before — well, actually this was May 24th, 2023. Correct?

MR. BRENNAN: When you met, there was more than one person there from this agency, I believe. So was there potentially two?

MR. BRENNAN: And when you met with them, they asked you about when you began working that night.

MR. BRENNAN: You told them 11:30 to midnight.

MR. BRENNAN: And so as you sit here today, your memory is you did not tell those law enforcement agents that you began work at 11:30 to midnight?

MR. BRENNAN: I understand, but I'm asking you.

MR. BRENNAN: When you spoke to them, do you remember telling them the first time you were out near the area was midnight?

MR. BRENNAN: When you spoke to those law enforcement personnel, were they taking notes?

MR. BRENNAN: Have you ever seen their report?

MR. BRENNAN: Who showed you that report?

MR. BRENNAN: You think prosecutor Lally showed you that report?

MR. BRENNAN: And do you remember telling those two law enforcement personnel that you believe that there were emergency vehicles, ambulances or police cars in front of Fairview at 3 to 3:30 a.m.?

MR. BRENNAN: Are you saying that you did not say these things to them, or are you saying that's not your memory?

MR. BRENNAN: And so you're saying that's wrong. You're denying you made those statements.

MR. BRENNAN: At the time — they say that you told them there were emergency vehicles there at 3:00 a.m. — that is the same time that you told the PI that you saw the Ford Edge around 3:30 to 4.

MR. BRENNAN: It was dark out that night, wasn't it?

MR. BRENNAN: There are no street lights down near that flag pole area of 34 Fairview Road, is there?

MR. BRENNAN: Okay. Was it on that night?

MR. BRENNAN: You testified at trial — I'm sorry, at a proceeding last year.

MR. BRENNAN: You testified at a proceeding last year, didn't you?

MR. BRENNAN: You testified at the proceeding. Did you meet anybody from the defense close in time to that proceeding?

MR. BRENNAN: Do you remember being prepared before you went into trial last time?

MR. BRENNAN: By Yannetti, excuse me. Do you remember telling the defense private investigator that you made your final pass at 6:30 a.m.?

MR. BRENNAN: At trial last year, do you remember saying it was 5:30?

MR. BRENNAN: And today you had said about 6:15.

MR. BRENNAN: Okay. You weren't timing anything on a watch for times, were you?

MR. BRENNAN: You were not accounting in any way for time whatsoever when you were out that night, were you?

MR. BRENNAN: When you're providing times, are you trying to use your best memory?

MR. BRENNAN: Do you recognize that you've had a differing memory on times of what you did that night?

MR. BRENNAN: You talked about your view from the tow truck and that you have a bunch of lights on it. On the tow truck, you had mentioned that your vision to the side was 5 to 6 feet. Can you rephrase that, please?

MR. BRENNAN: You said when you were driving your tow truck, you could see forward and sideways.

MR. BRENNAN: My apologies. Your snow plow. Thank you. You said you can see forward and sideways.

MR. BRENNAN: When you look right to left, you said you could see about 5 feet.

MR. BRENNAN: Do the lighting conditions affect how well you can see?

MR. BRENNAN: Does the weather?

MR. BRENNAN: When you're plowing, are you ever looking at the street in front of you?

MR. BRENNAN: Are you looking at people's front yards?

MR. BRENNAN: And so what did you see as far as the front door of the Albert house that night? Was it open or closed?

MR. BRENNAN: How about the neighbors on the left? Were you looking at their front yard?

MR. BRENNAN: Did you see if their lights were on?

MR. BRENNAN: Do you look at every neighbor's front yard up to the door as you're driving and snow plowing?

MR. BRENNAN: You were saying you have a specific memory of looking at the Albert front yard all the way to the door. Do you have a specific memory of looking at the other neighbors' yards to their door?

MR. BRENNAN: Yes. You said that you looked at the Albert house all the way to the door. Correct?

MR. BRENNAN: Do you have a memory of looking at any other houses all the way to the door?

MR. BRENNAN: Okay. Which house had a dumpster in front of it?

MR. BRENNAN: Are you sure on your route there were no dumpsters in anybody's front yard?

MR. BRENNAN: No, I'm more interested in January 29th, 2020.

MR. BRENNAN: A dumpster — a 15 by 20 foot dumpster. That would be bigger than a man's body, wouldn't it?

MR. BRENNAN: And so you have no really specific memory of the other homes in the neighborhood that night?

MR. BRENNAN: Okay. You said you had vision as far as your eyes could see.

MR. BRENNAN: What does that mean?

MR. BRENNAN: Is that dependent on lighting conditions, darkness, snow?

MR. BRENNAN: That night, did you have any difficulty paying attention or driving?

MR. BRENNAN: Did you have a small accident that ...night?

MR. BRENNAN: Okay. What did you hit?

MR. BRENNAN: Was that part because of the weather conditions? You didn't have a good opportunity to see it?

MR. BRENNAN: You said that you went up and down the road a couple of times. When you were asked to describe the car that you said you saw, when you first spoke to the defendant's private investigator, you didn't give any detail about the type of car, did you?

MR. BRENNAN: Okay. When you first spoke to the investigator, you used the words Ford Edge.

MR. BRENNAN: Did they bring you to a parking lot at some point?

MR. BRENNAN: And when they brought you to a parking lot, did they have you go out in the parking lot and look at a Ford Edge?

MR. BRENNAN: And when they had you go out look at the Ford Edge, did they have you identify that as the type of car?

MR. BRENNAN: When you did that, how many cars were in the parking lot?

MR. BRENNAN: Who pointed you to the Ford Edge?

MR. BRENNAN: Did the investigator take you to the Ford Edge?

MR. BRENNAN: It was just an open parking lot and he asked you to look around to see if there happened to be a similar car.

MR. BRENNAN: So after you said a Ford Edge, she brought you to a parking lot to point out a car.

MR. BRENNAN: Where was that?

MR. BRENNAN: The rink? Ice rink?

MR. BRENNAN: Did you then meet the investigator later on at a school?

MR. BRENNAN: And who did you meet at the school?

MR. BRENNAN: And what was the purpose of that?

MR. BRENNAN: He wanted to go through your route?

MR. BRENNAN: And then, did you choose to meet at the school?

MR. BRENNAN: You did?

MR. BRENNAN: And why... ...did you choose the school?

MR. BRENNAN: Did you know that former Trooper Proctor's sister worked there?

MR. BRENNAN: You said last year that when you went by Fairview — did you say that you would make your final pass at 5:30 a.m.?

MR. BRENNAN: Okay. May I approach?

MR. BRENNAN: Sir, when you have contact, you also wear reading glasses.

MR. BRENNAN: Understood. This is trial testimony — Friday, June — I'm sorry, testimony from June 21st, 2024. And you were asked — do you recall what time it was that you wound up back on Fairview? You said...

MR. BRENNAN: Yes. And then you were asked, approximately, if it was 3:15 to 3:30 that second time, what would be your best estimate of the time you came back? And what did you say?

MR. BRENNAN: And so even last year you were having some difficulty remembering the times, right?

MR. BRENNAN: Were you having difficulty last year remembering the times that you were on Fairview?

MR. BRENNAN: When you said you were on Fairview last year at 5:30, you didn't see anything on the Albert front lawn at 5:30 a.m.

MR. BRENNAN: Okay. Were you asked last year about your travels on Fairview?

MR. BRENNAN: Okay. When you were asked — do you recall — the time you wound up on Fairview, and you said you didn't remember. Do you remember that testimony?

MR. BRENNAN: And is that true testimony?

MR. BRENNAN: Okay. So, you had some difficulties in your memory of when you were on Fairview when you testified last year. Isn't that fair to say?

MR. BRENNAN: And then you were asked, approximately, if it was 3:15 to 3:30 the second time, what time did you come back?

MR. BRENNAN: Did you say, "I would say, if I had to say, it would have been 5:30 up Fairview"?

MR. BRENNAN: So your testimony last year — you understandably made a mistake about the time.

MR. BRENNAN: And it's true, isn't it, that you really have somewhat foggy memory about the times.

MR. BRENNAN: That time of 5:30 is very different than the time you told the agents — I'm sorry, the law enforcement officials that weren't from Canton or the state police — when you met them. That was very different than when you told them 3 to 3:30. Very different.

MR. BRENNAN: And it's different than the 3:30 to 4 timeline that you gave the defense private investigator the first time you... ...spoke to them.

MR. BRENNAN: And it's different than what you told the jury today — that it was 6:15.

MR. BRENNAN: Did you have any reason to look for somebody who was lying on the side of a yard?

MR. BRENNAN: Did you have any expectation somebody would be lying helpless on the side of a yard that night?

MR. BRENNAN: If you had seen somebody, certainly you would have helped.

MR. BRENNAN: When the private investigator asked you where you were when you said you saw the Ford Edge, are you saying that you didn't tell the private investigator that you were on Cedar?

MR. BRENNAN: Cedarcrest in a storm at night is quite a distance from the flag pole at Fairview, isn't it?

MR. BRENNAN: About 300 feet roughly — difficult to see under those conditions?

MR. BRENNAN: Could we have Exhibit 71 stream zero at about 6:17 a.m., please? Okay. Could you stop it there? You see that street light?

MR. BRENNAN: Okay. At the end of that road, past the street light, is Cedarcrest.

MR. BRENNAN: Is that a fair depiction of the elements that night around that time?

MR. BRENNAN: And in this case, there's further illumination with the car that's facing us.

MR. BRENNAN: That wasn't there, was it?

MR. BRENNAN: You said after you saw law enforcement — did you come down Fairview after you saw law enforcement?

MR. BRENNAN: Did you drive by Cedarcrest again to go back and forth and watch what was going on, or did you go on your route?

MR. BRENNAN: Did you keep driving by because you wanted to watch, or did you just leave and do your regular route?

MR. BRENNAN: Could I have 61927 please? Could you play it? If you could back up a little before 61927. Is that weather consistent with what it looked like to you?

MR. BRENNAN: Is that you there?

MR. BRENNAN: Could we go to 63245, please? Is that you again?

MR. BRENNAN: Could we go to 63514, please? Is that you?

MR. BRENNAN: It's okay. Could we go back to 63512?

MR. BRENNAN: 63745, please. That's you again, right?

MR. BRENNAN: Those were not your red and orange lights — consistent with the earlier ones that went by?

MR. BRENNAN: And was he out there that night as well going by Fairview?

MR. BRENNAN: Okay. Did you ever tell the private investigator about him?

MR. BRENNAN: 70022, please. Is that you, sir?

MR. BRENNAN: 71545, please. Do you recognize that plow?

MR. BRENNAN: 71955, please. Was that you, sir?

MR. BRENNAN: How long does your loop take?

MR. BRENNAN: Well, if you're going to do a pass, how long does an entire pass take?

MR. BRENNAN: When you mentioned Brian Albert on your direct examination, had you talked to the defense about Brian Albert in your preparation for testimony?

MR. BRENNAN: You knew some of the Albert family?

MR. BRENNAN: And you know Brian Albert as a police officer?

MR. BRENNAN: Why is it that three times in your direct testimony you characterized him as a... ...first responder?

MR. BRENNAN: Did anybody ever suggest to you to use the terms or the phrases "first responder" when you were describing Brian Albert?

MR. BRENNAN: Since your testimony last year, have you received any more focusing or targeting of harassment?

MR. BRENNAN: Mr. Loughran, since last year when you testified, have you received any recent progression towards you for testifying?

MR. BRENNAN: Have you had any further focus or problems?

MR. BRENNAN: I have no further questions.