Commonwealth v. Read — Trial ArchiveBrian Loughran - Direct
584 linesJUDGE CANNONE: All right. So, the jurors are here ready to go, but I know I told you — I'd hear you at Sidebar on this. So, why don't we come to Sidebar? All right, we'll bring the jurors in. We'll take a few minutes. Tony, do you want me to step out? Okay. Do you need to come in?
COURT CLERK: Hear ye, hear ye, hear ye, all persons having anything to do before the Honorable Beverly Cannone, Justice of the Superior Court holden in Dedham, within and for the county of Norfolk, draw near, give your attendance and you shall be heard. God save the Commonwealth of Massachusetts. This court is in session. Please be seated.
JUDGE CANNONE: Good morning again, counsel. Good morning. Good morning, jurors. Morning. Thank you. So, I do have to ask you those three questions. Were you all able to follow my instructions and refrain from discussing this case with anyone since we left yesterday? Everyone said yes affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case? Everyone said yes affirmatively. Did anyone happen to see, hear, or read anything about this case since we left yesterday? [unintelligible]. So, is there a new witness this morning?
MR. YANNETTI: Yes. Good morning, your honor.
JUDGE CANNONE: Morning.
MR. YANNETTI: The defense calls Brian Loughran.
COURT CLERK: Step up and raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. LOUGHRAN: I do.
JUDGE CANNONE: Good morning.
MR. LOUGHRAN: Good morning.
MR. YANNETTI: Good morning, sir. In a good loud voice, would you please state your name and spell your last name?
MR. LOUGHRAN: Sure. It's Brian Loughran. L-O-U-G-H-R-A-N.
MR. YANNETTI: In what town do you live, sir?
MR. LOUGHRAN: I live in Canton.
MR. YANNETTI: Where did you grow up?
MR. LOUGHRAN: In Canton.
MR. YANNETTI: How long have you lived in Canton?
MR. LOUGHRAN: All my life.
MR. YANNETTI: Did you attend Canton public schools?
MR. LOUGHRAN: Yes, I did.
MR. YANNETTI: Through which grade?
MR. LOUGHRAN: I graduated from Canton High School.
MR. YANNETTI: What year did you graduate?
MR. LOUGHRAN: 1990.
MR. YANNETTI: Do you have brothers and sisters?
MR. LOUGHRAN: Yes.
MR. YANNETTI: How many?
MR. LOUGHRAN: I have two brothers, one sister.
MR. YANNETTI: What are their names?
MR. LOUGHRAN: Christopher, Michelle, and Michael.
MR. YANNETTI: And where do you fit in in the order?
MR. LOUGHRAN: I fit in between Michelle and Michael.
MR. YANNETTI: You're the second youngest, correct?
MR. LOUGHRAN: Correct.
MR. YANNETTI: How old is your brother Michael?
MR. LOUGHRAN: Michael is 53.
MR. YANNETTI: What does he do for work?
MR. LOUGHRAN: He owns his own driving school. And he was a member of the select board.
MR. YANNETTI: And you say he owns his own driving school. In which town?
MR. LOUGHRAN: Canton.
MR. YANNETTI: And you mentioned that he's a member of the select board — for which town?
MR. LOUGHRAN: Town of Canton.
MR. YANNETTI: And what is the select board in Canton?
MR. LOUGHRAN: It's the governing body for the town.
MR. YANNETTI: Having grown up in Canton, are you familiar with the Albert brothers?
MR. LOUGHRAN: Yes, I am.
MR. YANNETTI: Which ones?
MR. LOUGHRAN: All of them.
MR. YANNETTI: Can you name them?
MR. LOUGHRAN: Brian, Chris, Brendan, Keith, Kevin, and Tim.
MR. YANNETTI: Of those Albert brothers, whom do you know the best?
MR. LOUGHRAN: Chris.
MR. YANNETTI: How close in age are Chris and you?
MR. LOUGHRAN: Very close. I believe I'm two years older than Chris.
MR. YANNETTI: How did you become familiar with Chris?
MR. LOUGHRAN: I went to elementary school. I went to middle school, and then he graduated from a different high school.
MR. YANNETTI: Was there any other relationship between the two of you beyond being classmates?
MR. LOUGHRAN: Yes, eventually I ended up working for Chris delivering pizzas.
MR. YANNETTI: How old were you approximately when you started delivering pizzas for Chris Albert?
MR. LOUGHRAN: About 26.
MR. YANNETTI: Do you remember the name of his pizza establishment?
MR. LOUGHRAN: Yes. D&E Pizza.
MR. YANNETTI: Where is that located?
MR. LOUGHRAN: Canton Center.
MR. YANNETTI: How many years did you deliver pizzas for D&E Pizza and Chris Albert?
MR. LOUGHRAN: About eight years.
MR. YANNETTI: Prior to January 29th of 2022, were you friendly with Chris Albert?
MR. LOUGHRAN: Yes.
MR. YANNETTI: You previously mentioned that your brother Michael is a town selectman. What political office does Chris Albert hold?
MR. LOUGHRAN: Chris Albert is also a select board member.
MR. YANNETTI: And Chris Albert is Brian Albert's brother, obviously?
MR. LOUGHRAN: Yes.
MR. YANNETTI: So your brother and Brian Albert's brother are both town selectmen together?
MR. LOUGHRAN: Correct.
MR. YANNETTI: How did you become familiar with Kevin Albert?
MR. LOUGHRAN: Through D&E Pizza and interactions — I'm sorry.
MR. YANNETTI: You said through D&E Pizza?
MR. LOUGHRAN: Yes. And interactions with the DPW doing details and stuff.
MR. YANNETTI: Okay. First with regard to D&E Pizza, you said there were interactions with Kevin Albert relating to that pizza shop. What type of interactions?
MR. LOUGHRAN: He would come in, I'd be, you know, friendly. I'd say hello. Or there'd be deliveries to the Albert residence and I would, you know, make those deliveries.
MR. YANNETTI: All right. You mentioned the DPW. I didn't ask you what you did for work, sir. What do you do?
MR. LOUGHRAN: I work for the DPW. I work in the highway division.
MR. YANNETTI: And the DPW stands for Department of Public Works?
MR. LOUGHRAN: Yes.
MR. YANNETTI: For which town?
MR. LOUGHRAN: Town of Canton.
MR. YANNETTI: And what are your duties — or, strike that, around January and late January of 2022, what were your duties for the DPW?
MR. LOUGHRAN: I would plow.
MR. YANNETTI: And how long had you worked — or, to this day, how long have you worked for the DPW?
MR. LOUGHRAN: 20 years.
MR. YANNETTI: Now, as a DPW employee, how much contact do you have with the police department?
MR. LOUGHRAN: We have varying jobs that require police details. So you're doing work and there has to be a police officer there to oversee and direct traffic and things of that nature.
MR. YANNETTI: Correct. How often have you worked in that capacity with Kevin Albert from the Canton Police Department?
MR. LOUGHRAN: About a dozen times.
MR. YANNETTI: And what was the nature of your relationship with Kevin Albert before January 29th of 2022?
MR. LOUGHRAN: Through D&E Pizza. I would — the Alberts usually had family functions on a weekend and I would make deliveries.
JUDGE CANNONE: Can these last few jurors hear the witness? I just want to make sure everybody can hear.
MR. LOUGHRAN: Okay.
MR. YANNETTI: Now, how did you become familiar with Brian Albert?
MR. LOUGHRAN: Again, through D&E Pizza and deliveries.
MR. YANNETTI: Deliveries where?
MR. LOUGHRAN: To his residence.
MR. YANNETTI: Do you know what his residence is or what the address is?
MR. LOUGHRAN: I do.
MR. YANNETTI: What is it?
MR. LOUGHRAN: 34 Fairview Road.
MR. YANNETTI: What was your understanding of what Brian Albert did for a living?
MR. LOUGHRAN: My understanding, he was a police officer for the city of Boston.
MR. YANNETTI: Now, you say that you made deliveries to 34 Fairview Road. How often, and was there a particular day of the week that you delivered more than others?
MR. LOUGHRAN: It's usually once a week, and it was usually on Sundays.
MR. YANNETTI: And that was 34 Fairview Road?
MR. LOUGHRAN: Correct.
MR. YANNETTI: As of January of 2022, how many decades had the Albert family lived at that address, if you know?
MR. LOUGHRAN: As far as — I couldn't give you a year, but I know as long as I've been in Canton, they've lived at that residence.
MR. YANNETTI: All right. Now, directing your attention to January 28th and 29th of 2022, were you on duty as a snowplow driver that night and early morning?
MR. LOUGHRAN: Yes.
MR. YANNETTI: When did you learn that you would be on duty?
MR. LOUGHRAN: On early — January 28th, we were notified that we had a 2:30 start time, and that would be 2:30 a.m.
MR. YANNETTI: A.m. on January 29th?
MR. LOUGHRAN: Yes.
MR. YANNETTI: How did you learn that you would be on duty?
MR. LOUGHRAN: Our supervisors for the DPW would notify us.
MR. YANNETTI: Who was your supervisor?
MR. LOUGHRAN: William Walsh.
MR. YANNETTI: And what instructions were you given in terms of when you were to report?
MR. LOUGHRAN: We were to report at 2:30 in the morning and prepare our trucks for plowing.
MR. YANNETTI: What time did you actually get to the DPW that morning?
MR. LOUGHRAN: I got there about 2:15.
MR. YANNETTI: And when you say you got there, where did you go?
MR. LOUGHRAN: 160 Bolivar Street.
MR. YANNETTI: And is that B-O-L-I-V-A-R?
MR. LOUGHRAN: Yes.
MR. YANNETTI: What is 160 Bolivar Street?
MR. LOUGHRAN: It is the DPW garage.
MR. YANNETTI: And when you go there, is there a requirement that you punch in?
MR. LOUGHRAN: Yes.
MR. YANNETTI: Did you punch in in those early morning hours?
MR. LOUGHRAN: Yes.
MR. YANNETTI: Who was there when you got there?
MR. LOUGHRAN: Other DPW employees and William Walsh.
MR. YANNETTI: William Walsh being your supervisor?
MR. LOUGHRAN: Yes.
MR. YANNETTI: Were you assigned a specific route in those early morning hours?
MR. LOUGHRAN: Yes.
MR. YANNETTI: What route was that?
MR. LOUGHRAN: Route 11.
MR. YANNETTI: What streets does Route 11 encompass?
MR. LOUGHRAN: Route 11 encompasses Cedarcrest from Dedham Street to the end. It encompasses everything from Kings Road to Chapman Street, and streets in between as well.
MR. YANNETTI: Yes. And what street is in between Cedarcrest and Chapman?
MR. LOUGHRAN: There will be Spring Lane and Fairview.
MR. YANNETTI: What truck or snowplow were you assigned in those early morning hours?
MR. LOUGHRAN: I was assigned truck 30.
MR. YANNETTI: And does that have a particular nickname?
MR. LOUGHRAN: Yes. It's considered a Franken Truck.
MR. YANNETTI: You said Franken Truck?
MR. LOUGHRAN: Yes.
MR. YANNETTI: Like Frankenstein?
MR. LOUGHRAN: Yes.
MR. YANNETTI: Why was it nicknamed Franken Truck?
MR. LOUGHRAN: It was a very uncomfortable truck and it had a lot of mismatch of parts to make it more convenient for the drivers.
MR. YANNETTI: I'd like to show you some photos, sir.
MR. LOUGHRAN: Okay.
MR. YANNETTI: Mr. Loughran, I've placed four photographs in front of you. If you could just familiarize yourself with them and look up at me when you're done. Do you recognize what is depicted in those photos?
MR. LOUGHRAN: Yes, I do.
MR. YANNETTI: And did you take those photos?
MR. LOUGHRAN: I did.
MR. YANNETTI: At my request?
MR. LOUGHRAN: Yes.
MR. YANNETTI: What do those photos depict?
MR. LOUGHRAN: They depict the inside of truck 30 or Franken Truck.
MR. YANNETTI: And is there one that actually depicts the outside from the front as well?
MR. LOUGHRAN: Yes.
MR. YANNETTI: Do those photos fairly and accurately depict Franken Truck as it looked on or about January 29th of 2022?
MR. LOUGHRAN: Yes.
MR. YANNETTI: I would offer those, your honor.
MR. BRENNAN: I have no objection to any of the photos.
JUDGE CANNONE: All right. Thank you. Perhaps they should be marked with the next exhibit number A through D.
MR. YANNETTI: Yes. And once that's done, you can feel free to publish. Thank you very much.
COURT CLERK: Exhibits 211A through 211D. Thank you.
MR. YANNETTI: And with the court's permission, Mr. Woll, if you would publish them one at a time in the order we discussed. I imagine that is 211A.
JUDGE CANNONE: Madam court reporter, Miss Gilman, why don't you take the photo so you'll know what they are?
MR. YANNETTI: Great idea. Okay. Could you explain what 211A depicts for this jury?
MR. LOUGHRAN: That is the front of truck 30, Franken Truck, and it's depicting the two mirrors on the right and left side of the fenders.
MR. YANNETTI: Okay. What about the next one, please, Mr. Woll? This is 211B, sir. Can you identify this?
MR. LOUGHRAN: Yes. That's the inside of the Franken Truck looking out the windshield as if you were seated in the driver's seat.
MR. YANNETTI: Correct. Next photo, please. This is 211C. What does this depict?
MR. LOUGHRAN: This is depicting the range that I would see sitting in the front seat looking out the windshield, and depicting how much I'll be able to see.
MR. YANNETTI: Okay. And this would be more toward the left side in front of you as you're seated in the driver's seat.
MR. LOUGHRAN: Correct.
MR. YANNETTI: All right. Next photo, please. This is 211D. Could you explain this to the jury?
MR. LOUGHRAN: Again, I'm sitting in the front seat of Franken Truck and I'm taking a picture out the right side of the windshield. Again, depicting how much I can see out it.
MR. YANNETTI: Thank you. Okay, we can take those down and put the lights on. Okay, so you previously testified that you got to the garage about 2:15 a.m. on January 29th. Could you explain to the jury what you do when you get there at 2:15 a.m.?
MR. LOUGHRAN: So at 2:15 we do a simple circle check to make sure that there are no defects with the truck. We go ahead and we make sure it has plenty of diesel, and then I put, you know, any supplies that I may have for the night, planning on an overnight shift. And then I get in the truck and I proceed to my route.
MR. YANNETTI: And what type of supplies are you talking about, sir?
MR. LOUGHRAN: Any types of drinks, food, anything, snacks — preparing for a long night.
MR. YANNETTI: Yes. The circle check — does that mean what it sounds like, where you sort of take a circle around the vehicle?
MR. LOUGHRAN: Yes. We're just trying to make sure that the truck is safe, that there are no defects that would hinder the job ahead of it of being able to plow.
MR. YANNETTI: And when you did the circle check in those early morning hours, was there anything unusual that you found?
MR. LOUGHRAN: None.
MR. YANNETTI: Were you comfortable driving the snowplow that night?
MR. LOUGHRAN: Yes.
MR. YANNETTI: And you mentioned that you make sure it's filled with diesel fuel so you're good for the night.
MR. LOUGHRAN: Correct.
MR. YANNETTI: Now, what lighting is there on the truck facing outward?
MR. LOUGHRAN: I have four lights. I have the initial headlights, and then I have two plow lights that are on either side of the fenders, and then I have marking lights, and then I have work lights in the back for the sander.
MR. YANNETTI: Okay. If you recall the one photo that showed the truck from the outside, were the two plow lights visible in that photo?
MR. LOUGHRAN: Yes, they were.
MR. YANNETTI: Were the headlights visible in that photo?
MR. LOUGHRAN: Yes, they were.
MR. YANNETTI: Could we display that one more time, your honor, to have them point that out?
JUDGE CANNONE: Is there a pointer there, sir?
MR. LOUGHRAN: No, there is not.
MR. YANNETTI: Okay. Could you describe on 211A where those plow lights are?
MR. LOUGHRAN: Plow lights are just above the grill on the right side and left side.
MR. YANNETTI: Okay. And would it be fair to say the plow lights appear to be a clear lens and then an orange lens on either side?
MR. LOUGHRAN: Yes.
MR. YANNETTI: And the headlights, sir, where are those located?
MR. LOUGHRAN: They are to the right and left of the grill and they're underneath.
MR. YANNETTI: Okay. And those are located just to the right of the grill in terms of as we're looking at 211A.
MR. LOUGHRAN: Yes.
MR. YANNETTI: Okay. We can take that down and put the lights back on. Now — strike that. You also mentioned marking lights. Where are those?
MR. LOUGHRAN: Marking lights are on the top of my truck along with a beacon light on top of the truck.
MR. YANNETTI: And what is a beacon light?
MR. LOUGHRAN: A beacon light is exactly what it looks like. It's a light that just illuminates and it goes around in circles.
MR. YANNETTI: And the marking lights — what do they do?
MR. LOUGHRAN: They're similar to driving without your headlights. They're just there to mark the truck so that it's more visible for residents who may be driving and not paying attention.
MR. YANNETTI: And where do those marking lights face?
MR. LOUGHRAN: Front.
MR. YANNETTI: Okay. So in terms of the light that strictly goes toward the front, you have marking lights, plow lights, and headlights.
MR. LOUGHRAN: Correct.
MR. YANNETTI: Do you recall whether, when you did your circle check, you checked whether those lights were all working?
MR. LOUGHRAN: Correct.
MR. YANNETTI: And were they working?
MR. LOUGHRAN: Yes.
MR. YANNETTI: When all of those lights are on, how bright is it in front of your truck?
MR. LOUGHRAN: Extremely bright. Almost as if I had a spotlight.
MR. YANNETTI: And that's facing straight out.
MR. LOUGHRAN: Correct.
MR. YANNETTI: What about facing diagonally out front?
MR. LOUGHRAN: As far as the light can illuminate.
MR. YANNETTI: And then on either side, directly out to the side, how far can you see?
MR. LOUGHRAN: About five, six feet.
MR. YANNETTI: Okay. So you see more when you're looking straight out and then diagonally out.
MR. LOUGHRAN: Correct.
MR. YANNETTI: You can see farther.
MR. LOUGHRAN: Correct.
MR. YANNETTI: Now, how about in terms of you being situated in the vehicle — how high up is the driver's seat?
MR. LOUGHRAN: The driver seat is an air-ride seat, so it can adjust accordingly.
MR. YANNETTI: What is an air-ride seat?
MR. LOUGHRAN: It is adjusted by air and it can go up or down depending on the driver's.
MR. YANNETTI: And how long did it take you to do the circle check, to put your snacks and water in, and to make sure the truck is filled with diesel fuel?
MR. LOUGHRAN: About 5 minutes.
MR. YANNETTI: All right. So if you get there at 2:15, is it fair to say that you're ready to go on the road somewhere around 2:20 or 2:25 a.m.?
MR. LOUGHRAN: Correct.
MR. YANNETTI: And when you did start to go out on the road at around that time, how was the seat adjusted?
MR. LOUGHRAN: I adjusted the seat up so that my knees would hit the bottom of the steering wheel.
MR. YANNETTI: How big is that steering wheel on the truck?
MR. LOUGHRAN: It's fairly large. It's larger than a regular passenger vehicle. It's very large.
MR. YANNETTI: As of January 29th of 2022, were there any obstructions on any part of the windshield that would prevent you from having a clear view in any direction through the windshield?
MR. LOUGHRAN: No.
MR. YANNETTI: Once you got into that truck in those early morning hours, how far could you see in front of your truck?
MR. LOUGHRAN: As far as my eyes would let me see.
MR. YANNETTI: And how far could you see diagonally?
MR. LOUGHRAN: Diagonally — probably again as far as my eyes would let me see.
MR. YANNETTI: All right. Now, when you plow, is there a particular method that you use?
MR. LOUGHRAN: Yes.
MR. YANNETTI: Describe that.
MR. LOUGHRAN: I start in the middle of the road and work to the right, angling the plow to the right.
MR. YANNETTI: Are you familiar with the term "windrow right"?
MR. LOUGHRAN: Yes.
MR. YANNETTI: Could you explain that to the jury, please?
MR. LOUGHRAN: Sure. Windrow to the right is the amount of snow that's coming off the plow creating a row. We angle everything to the right so that it does not impede on traffic on the left.
MR. YANNETTI: Right. So if you had gone in the other direction, you'd be putting snow right in the opposite lane of travel.
MR. LOUGHRAN: Right. Correct.
MR. YANNETTI: So you always go to the right.
MR. LOUGHRAN: Correct.
MR. YANNETTI: What part of the road, once you hit the roads, do you plow first?
MR. LOUGHRAN: What part of the road? I start at the yellow line and I work to the curb line.
MR. YANNETTI: Why do you plow the middle of the road first?
MR. LOUGHRAN: Again, I want to windrow to the right and I want to be able to give a bigger swath of space for first responders.
MR. YANNETTI: And generally, after going up a street or road that you plow, when do you come back down the same street?
MR. LOUGHRAN: Immediately after I'm done.
MR. YANNETTI: Now, you mentioned Route 11, your route that night. You mentioned that it takes you to Cedarcrest, correct? Once you leave the DPW garage to go on your route, Route 11 — how long does it take you to get to any part of Cedarcrest?
MR. LOUGHRAN: About 10 minutes.
MR. YANNETTI: May we display — actually, exhibit 49. Do we have access to exhibit 49?
JUDGE CANNONE: What is it? Is it just a map?
MR. YANNETTI: Okay. And if we can't put our hands on it quickly, I can just display it on the screen.
JUDGE CANNONE: Is it in evidence?
MR. YANNETTI: It is.
JUDGE CANNONE: You can put it up. Okay. Thank you, Ron.
MR. YANNETTI: If you put up exhibit 49 and maybe zoom in — I think it is as zoomed in as it's going to go. Is that true, Mr. Woll?
JUDGE CANNONE: Okay, maybe zoom in on the top part of the map if you would.
MR. YANNETTI: Perfect. All right. Sir, are you able to see that map from where you are?
MR. LOUGHRAN: Yes, I can.
MR. YANNETTI: And by the way, do you wear corrective lenses?
MR. LOUGHRAN: Yes, I do.
MR. YANNETTI: What do you wear?
MR. LOUGHRAN: I wear glasses, and when it's inclement weather, I wear contacts.
MR. YANNETTI: So on the night in question, when you went out on your route that night, were you wearing glasses or contacts?
MR. LOUGHRAN: Contacts.
MR. YANNETTI: What are you wearing today?
MR. LOUGHRAN: Contacts.
MR. YANNETTI: You've testified in a prior proceeding regarding this matter last year, correct?
MR. LOUGHRAN: Yes.
MR. YANNETTI: What did you show up with that day?
MR. LOUGHRAN: Glasses.
MR. YANNETTI: And what is the difference in your ability to see the screen with your glasses or your contacts?
MR. LOUGHRAN: My contacts make things a little bit brighter, allowing my eyes to see better.
MR. YANNETTI: You have more difficulty seeing distances with your glasses.
MR. LOUGHRAN: Correct.
MR. YANNETTI: All right. Any problem seeing that screen here today?
MR. LOUGHRAN: None.
MR. YANNETTI: All right. What does that depict?
MR. LOUGHRAN: That depicts my route — Cedar Crest, Dew Lane, Spring Lane — — and I'm not able to read the one underneath Spring Lane.
MR. YANNETTI: But certainly it's a portion of your route.
MR. LOUGHRAN: Correct.
MR. YANNETTI: Yes. All right. Now, you see where it says Cedar Crest?
MR. LOUGHRAN: Yes.
MR. YANNETTI: And you see the red dot there?
MR. LOUGHRAN: Yes.
MR. YANNETTI: Does that red dot — orient you, I should say — as to what road that red dot is on?
MR. LOUGHRAN: Yes.
MR. YANNETTI: And what road is that?
MR. LOUGHRAN: That would be Fairview.
MR. YANNETTI: All right. Now, when you hit Cedar Crest Road, are you in that area of Cedar Crest, or are you in a different area of Cedar Crest — when you first come upon Cedar Crest Road?
MR. LOUGHRAN: When I first come on, I'm coming in at the beginning of Cedar Crest, which is at Denim Street and Cedar Crest.
MR. YANNETTI: Okay. And how long a road is Cedar Crest before you get to the area of Exhibit 49?
MR. LOUGHRAN: I would say that's about a mile and a half.
MR. YANNETTI: And how long does it take you to plow Cedar Crest before you get to this area on January 29th of 2022?
MR. LOUGHRAN: About 10 minutes.
MR. YANNETTI: All right. How much of that mile and a half or so stretch of road did you plow when you first encountered it?
MR. LOUGHRAN: I plowed the entire street.
MR. YANNETTI: If we could zoom out, please. All right. And when you're driving on Cedar Crest Road, are you driving toward that red — the Fairview Road that you've identified?
MR. LOUGHRAN: Yep.
MR. YANNETTI: Coming in from the right portion of the map or the left portion of the map?
MR. LOUGHRAN: I'm coming from the right side of the map.
MR. YANNETTI: All right. And so you start about a mile and a half down the road to the right, which is off this map.
MR. LOUGHRAN: Correct.
MR. YANNETTI: And you say it takes you about 10 minutes to get to the area of Fairview.
MR. LOUGHRAN: Yes.
MR. YANNETTI: So would Fairview be on your right or your left when you first encounter it?
MR. LOUGHRAN: On my left.
MR. YANNETTI: And when you hit Fairview Road that first time, what do you do?
MR. LOUGHRAN: I go all the way to the very end of Cedar Crest, turn around in the cul-de-sac, and then head back up towards Fairview.
MR. YANNETTI: Okay. So you're passing Fairview on your left.
MR. LOUGHRAN: Yes.
MR. YANNETTI: Plowing further and then turning around and plowing back.
MR. LOUGHRAN: Yes.
MR. YANNETTI: And when you came back to the intersection of Cedar Crest and Fairview, what did you do?
MR. LOUGHRAN: I take a right.
MR. YANNETTI: And how familiar were you with 34 Fairview Road on that day?
MR. LOUGHRAN: Fairly — very, very familiar. Having delivered pizzas there for years and having grown up in that neighborhood.
MR. YANNETTI: Were you friendly with the Alberts growing up?
MR. LOUGHRAN: You know, mostly with Chris, but I was cordial with the boys.
MR. YANNETTI: All right. And when you entered Fairview Road from Cedar Crest for the first time on your route, would 34 Fairview be on your right or your left?
MR. LOUGHRAN: On my right.
MR. YANNETTI: And can you give the jury your best estimate of when — what time was it when you first encountered 34 Fairview Road on January 29th of 2022?
MR. LOUGHRAN: About 2:40, 2:45.
MR. YANNETTI: That would be A.M.?
MR. LOUGHRAN: A.M.
MR. YANNETTI: And when you were passing 34 Fairview Road or encountering it at that point, what did you know about who lived there?
MR. LOUGHRAN: I knew the Alberts lived there, and I knew that Brian Albert was a police officer, first responder.
MR. YANNETTI: Now, aside from the lighting on your truck, were you aware of whether there were any street lights in the area of 34 Fairview?
MR. LOUGHRAN: Yes.
MR. YANNETTI: Could you describe those?
MR. LOUGHRAN: Sure. There's one before you get to 34 Fairview's driveway, and there's one after Fairview's driveway.
MR. YANNETTI: Do you have a memory as to whether or not those street lights were working on January 29th of 2022?
MR. LOUGHRAN: I do not have a memory of that.
MR. YANNETTI: All right. But in any case, how much of the lighting on your Franken Truck was illuminated at that time?
MR. LOUGHRAN: All my lights were working.
MR. YANNETTI: So you're now driving up Fairview Road and 34 Fairview is on your right. Taking into account the lighting conditions that existed, especially on your truck, how much of the front lawn of 34 Fairview could you see?
MR. LOUGHRAN: I could see all the way to the front door.
MR. YANNETTI: What obstructions were there at the time when you first passed the Albert residence?
MR. LOUGHRAN: None.
MR. YANNETTI: Were you familiar with the area of the flagpole on the left side of the property?
MR. LOUGHRAN: Yes.
MR. YANNETTI: Now, when you are plowing, sir, where is your attention focused?
MR. LOUGHRAN: My attention's focused out the front window, to the right and to the left.
MR. YANNETTI: Why?
MR. LOUGHRAN: I am looking for pedestrians. I'm looking for residents that may be backing out, not aware that I'm there, and, god forbid, animals.
MR. YANNETTI: How much of the time that you're plowing are you scanning the road?
MR. LOUGHRAN: All the time.
MR. YANNETTI: Now, as you're passing 34 Fairview, could you see the area of the flagpole at 2:45 in the morning, sir?
MR. LOUGHRAN: Yes.
MR. YANNETTI: What was on the ground on the Alberts' lawn at that point, in the area of the flagpole?
MR. LOUGHRAN: Nothing.
MR. YANNETTI: Did you see a 6'1", 216-pound man lying on that lawn?
MR. LOUGHRAN: No.
MR. YANNETTI: Now, after plowing Fairview with the Alberts' residence to your right, what do you do?
MR. LOUGHRAN: I go to the very end, take a left on Chapman Street, back down Chapman Street, and then take a left back onto Fairview.
MR. YANNETTI: And are you plowing the whole time?
MR. LOUGHRAN: Yes.
MR. YANNETTI: So you get to — in this diagram, Exhibit 49 — we don't have to turn the lights off, I think we can see it. You're traveling in a down direction, correct?
MR. LOUGHRAN: Correct.
MR. YANNETTI: And you would hit Chapman Street. Is that fair to say that's at the bottom?
MR. LOUGHRAN: Correct.
MR. YANNETTI: You do some type of three-point turn and go back down Fairview.
MR. LOUGHRAN: Yes.
MR. YANNETTI: How long does it take you to get from 34 Fairview the first time to Chapman Street?
MR. LOUGHRAN: Maybe 5-10 minutes.
MR. YANNETTI: And then how long does it take you to get from Chapman Street back down so that you're now passing 34 Fairview again?
MR. LOUGHRAN: About 5-10 minutes.
MR. YANNETTI: And when you're coming back down, what side of the road is 34 Fairview?
MR. LOUGHRAN: On my left.
MR. YANNETTI: When you pass 34 Fairview at that time, are there any obstructions preventing you from seeing the front lawn?
MR. LOUGHRAN: None.
MR. YANNETTI: Was there any difference in the lighting on your truck when you were coming back down?
MR. LOUGHRAN: No.
MR. YANNETTI: Where is your attention focused when you're passing 34 Fairview on your left again?
MR. LOUGHRAN: Out the front, right and left.
MR. YANNETTI: And how much of that front lawn are you able to see on 34 Fairview when you're coming back down from Chapman?
MR. LOUGHRAN: I can see everything. I can see right up to the front door.
MR. YANNETTI: What did you see on the front lawn of 34 Fairview on January 29th of 2022 when you're making the second pass by 34 Fairview, in the area of the flagpole?
MR. LOUGHRAN: I saw nothing.
MR. YANNETTI: All right. Now, you've made an up and down pass, sir.
MR. LOUGHRAN: Correct. Yes.
MR. YANNETTI: Once you pass 34 Fairview for that first up and down pass, where do you go?
MR. LOUGHRAN: I then go to Spring Lane. And I do that top and bottom.
MR. YANNETTI: And is there a point in time when you come back to the area of Fairview Road?
MR. LOUGHRAN: Yes.
MR. YANNETTI: That second time now that you're coming back — I'm counting the up and down pass as the first time. Okay. You with me?
MR. LOUGHRAN: Yep.
MR. YANNETTI: That second time now that you're coming back, about how long is it after the first time?
MR. LOUGHRAN: About 45 minutes.
MR. YANNETTI: So now it's about what time that you're coming for the second time to this area?
MR. LOUGHRAN: 3:30.
MR. YANNETTI: And when you come back to the area of Fairview Road the second time, are you on the Cedar Crest side, which is on the top of Exhibit 49, or the Chapman side, which is on the bottom of Exhibit 49?
MR. LOUGHRAN: I'm on the Cedar Crest side.
MR. YANNETTI: And when you approach it from the Cedar Crest side, are you approaching from the same direction that you did for the first up and down pass, or a different direction?
MR. LOUGHRAN: Same direction.
MR. YANNETTI: All right. So you're now coming down Cedar Crest again.
MR. LOUGHRAN: Correct.
MR. YANNETTI: Fairview's on your left.
MR. LOUGHRAN: Yes.
MR. YANNETTI: Did you take that left, or did you do something else?
MR. LOUGHRAN: I did not take the left. At that point I could have taken the left. I can make a decision depending on how much snow there was on the ground. I ended up going all the way to the end, as if the first time.
MR. YANNETTI: All right. And you did your same turnaround in the cul-de-sac.
MR. LOUGHRAN: Correct.
MR. YANNETTI: And now you're approaching the intersection of Cedar Crest and Fairview again.
MR. LOUGHRAN: Correct. Yes.
MR. YANNETTI: What do you do?
MR. LOUGHRAN: I take the right onto Fairview.
MR. YANNETTI: How was the weather at 3:30 in the morning when you're now in that area of Fairview and Cedar Crest?
MR. LOUGHRAN: It's snowing fairly hard now.
MR. YANNETTI: Do you recall how much snow was on the ground at that point?
MR. LOUGHRAN: Maybe 2-3 inches.
MR. YANNETTI: And at about 3:30 in the morning, how far could you see in front of you — again, straight and diagonally in front of you?
MR. LOUGHRAN: As far as my eyes would let me see.
MR. YANNETTI: As a result of the lighting on your truck.
MR. LOUGHRAN: Correct.
MR. YANNETTI: Now you take the right onto Fairview. Describe for the jury what you see in the road at that point.
MR. LOUGHRAN: As I make my right onto Fairview, I notice that there's a vehicle on the right-hand side, roughly in the area of the flagpole, in front of 34 Fairview.
MR. YANNETTI: Okay. And did you make note of what type of vehicle that was?
MR. LOUGHRAN: Yes.
MR. YANNETTI: What type of vehicle was that?
MR. LOUGHRAN: A Ford Edge.
MR. YANNETTI: What direction was that vehicle parked when you saw it?
MR. LOUGHRAN: It was parked nose going up Fairview toward Chapman.
MR. YANNETTI: Yes. So you're coming up from behind it.
MR. LOUGHRAN: Correct.
MR. YANNETTI: Do you see the rear of that vehicle?
MR. LOUGHRAN: Yes.
MR. YANNETTI: And was it parked adjacent to the Albert property or was it across the street from the Albert property?
MR. LOUGHRAN: Adjacent to the Albert family.
MR. YANNETTI: And how close to the area of the flag pole was that Ford Edge parked at 3:30 in the morning?
MR. LOUGHRAN: I can't give you an exact measurement, but, you know, looking at the front door, it was about 3 feet to the left of the front door in the area of the flag pole. So, in between the front door and the flag pole.
MR. YANNETTI: Now, what caused you to remember that there was a Ford Edge parked at 3:30 outside the Alberts' residence that night?
MR. LOUGHRAN: For as long as I can remember, they have never parked a vehicle in front of their house. They've always had enough ample parking in the driveway.
MR. YANNETTI: What policies or protocols of the DPW are in force when vehicles are parked on the street or the road during a snow emergency?
MR. LOUGHRAN: There is no parking allowed. We are supposed to notify our supervisor when there is a vehicle in the way. At that point, the supervisor will make attempt to call the resident or have the police show up at the residence and then if they can't get the car removed, the car gets towed.
MR. YANNETTI: Sir, did you follow protocol that night?
MR. LOUGHRAN: I did not.
MR. YANNETTI: Why not?
MR. LOUGHRAN: Knowing the Albert family, knowing that there was a first responder, I gave them respect and opted not to follow procedures.
MR. YANNETTI: How did the presence of that Ford Edge parked on the side of the road affect your direction of travel?
MR. LOUGHRAN: I had to go around the vehicle.
MR. YANNETTI: How did you maneuver around it?
MR. LOUGHRAN: I had to maneuver to the left, go up, and then maneuver back right into my lane and then continue up Fairview.
MR. YANNETTI: And at any point when you were maneuvering to the left and then angling back to the right, could you see part of the front lawn of the Alberts?
MR. LOUGHRAN: Yes.
MR. YANNETTI: Were you able to see any part of the area around the flag pole?
MR. LOUGHRAN: Yes, as I maneuvered back right.
MR. YANNETTI: And when you maneuvered back right and saw that area, what if anything did you see on the ground in the area of the flag pole?
MR. LOUGHRAN: I saw nothing.
MR. YANNETTI: All right. So now you've passed 34 Fairview again. Where do you go?
MR. LOUGHRAN: I go back to the top of Chapman and again I do a left and a right and head back down Fairview.
MR. YANNETTI: Another three-point turn.
MR. LOUGHRAN: Correct.
MR. YANNETTI: So now you're doing your second up and down.
MR. LOUGHRAN: Correct.
MR. YANNETTI: All right. So you then enter Fairview again coming back down from Chapman and how long does it take you to get back down to the area of 34 Fairview again?
MR. LOUGHRAN: About 5-10 minutes.
MR. YANNETTI: Now you are now approaching 34 Fairview and it's on your right or your left this time.
MR. LOUGHRAN: Again it's on my left.
MR. YANNETTI: What if anything did you see in the road at that point?
MR. LOUGHRAN: Again I saw the Ford Edge in the road.
MR. YANNETTI: Now it's on your left side.
MR. LOUGHRAN: Yes.
MR. YANNETTI: Did it appear to be in the identical position as when you came up the street toward Chapman?
MR. LOUGHRAN: Yes.
MR. YANNETTI: How much of the area of the flag pole were you able to see this time as you're coming back down from Chapman?
MR. LOUGHRAN: It was obstructed, so I wasn't able to see as much as the first time, but I was still able to see the flag pole.
MR. YANNETTI: What did you see on the ground in the area of the flag pole at now 3:35-3:40 in the morning?
MR. LOUGHRAN: I saw nothing.
MR. YANNETTI: All right. So now you've done your second up and down pass.
MR. LOUGHRAN: Correct.
MR. YANNETTI: Where do you go?
MR. LOUGHRAN: I go back out on Cedarcrest and I continue to do the rest of my route.
MR. YANNETTI: Now at this point in time, did you do more of your route or spend more time away than you did between the first and second time?
MR. LOUGHRAN: I did more of my route staying away from Fairview.
MR. YANNETTI: And about how long did it take you before you came back to the area of Fairview Road?
MR. LOUGHRAN: About 3 hours.
MR. YANNETTI: So, what is your best estimate of this third time that you're now approaching Fairview Road?
MR. LOUGHRAN: About 6:15.
MR. YANNETTI: And that'd be A.M.?
MR. LOUGHRAN: A.M. on January 29th. Yes.
MR. YANNETTI: Now this time when you approached Fairview Road, did you come from the Cedarcrest side or the Chapman side?
MR. LOUGHRAN: I came from Chapman Street side.
MR. YANNETTI: And when you turned, did you turn left or right from Chapman Street to get down to Fairview?
MR. LOUGHRAN: I turned right.
MR. YANNETTI: And once you turned right, did something unusual happen?
MR. LOUGHRAN: Yes, I noticed there were blue lights behind me, forcing me to pull over to the side of the road.
MR. YANNETTI: Did you recognize the vehicle — I didn't ask you if there was more than one, but did you recognize what type of vehicle or vehicles there were?
MR. LOUGHRAN: Yes, they were police vehicles.
MR. YANNETTI: Which vehicle was traveling more quickly, the police vehicle or your plow truck?
MR. LOUGHRAN: The police vehicles.
MR. YANNETTI: What were you doing with your snow plow after the police passed you?
MR. LOUGHRAN: I continued down Fairview.
MR. YANNETTI: Coming down Fairview, did you actually lose sight of the police cruiser that had passed you?
MR. LOUGHRAN: I did.
MR. YANNETTI: How many side streets are there when you're coming down Fairview from Chapman Street?
MR. LOUGHRAN: Three.
MR. YANNETTI: What are they?
MR. LOUGHRAN: Windom, Old Ridge Hill, and then Carriage Lane.
MR. YANNETTI: Now, you're coming down Fairview Road. What did you notice ultimately in front of you in the road?
MR. LOUGHRAN: I noticed the police cars had the road blocked off and preventing me from going to Cedarcrest.
MR. YANNETTI: And with regard to the lighting on those police vehicles as the road was blocked off, could you describe that for the jury?
MR. LOUGHRAN: Sure. So, they had all their blue lights on and they were parked blocking the road, the entire road. I couldn't get through.
MR. YANNETTI: How well lit was it in the area where the police were?
MR. LOUGHRAN: Very well lit.
MR. YANNETTI: So, you're now confronted with a blocked road. What do you do?
MR. LOUGHRAN: I turn around at Carriage Lane and I continue to do that road and then I exit Carriage Lane and go to the left.
MR. YANNETTI: All right. And going to the left would send you back toward Chapman Street.
MR. LOUGHRAN: Correct.
MR. YANNETTI: And once you leave the area of Fairview Road, how long does it take you to come back down to Fairview Road to finish the plowing that you didn't do the first time?
MR. LOUGHRAN: As soon as the police were able to leave the area, I was able to finish that area.
MR. YANNETTI: Do you recall what time you finished your shift on January 29th?
MR. LOUGHRAN: I honestly don't know. I don't know. I don't remember. I'm sorry.
MR. YANNETTI: No worries. Do you remember if it was daylight out at that time?
MR. LOUGHRAN: It was daylight.
MR. YANNETTI: Okay. Now, sir, in the aftermath of that storm, when was the first time you were approached by anybody connected within this investigation on either side, if you recall?
MR. LOUGHRAN: About two weeks.
MR. YANNETTI: Who was it that approached you at that time?
MR. LOUGHRAN: His first name is Paul and he described himself as a private investigator for the defense team.
MR. YANNETTI: Prior to hearing from the defense private investigator, had you ever heard from anybody from any police department whatsoever?
MR. LOUGHRAN: No.
MR. YANNETTI: Do you know who Michael Proctor is?
MR. LOUGHRAN: I do.
MR. BRENNAN: Objection.
JUDGE CANNONE: I'll allow that.
MR. YANNETTI: And did Michael Proctor ever call you or contact you at all in those two weeks?
MR. LOUGHRAN: No.
MR. YANNETTI: Where did the defense investigator approach you, if you recall?
MR. LOUGHRAN: He approached me at my place of work which was at the Canton Ice Rink, Metropolis Ice Rink.
MR. YANNETTI: And what were you doing at the ice rink?
MR. LOUGHRAN: I was operating the Zamboni.
MR. YANNETTI: Now without telling us what you told him, did you speak to the defense investigator?
MR. LOUGHRAN: Yes, I did.
MR. YANNETTI: And at some point, did you do something with the defense investigator?
MR. LOUGHRAN: Yes, I met him for a second time at the Kennedy School and then we both drove my route.
MR. YANNETTI: Skipping ahead to the next year, sir, 2023. Were you approached by law enforcement officers who were not Canton police or Massachusetts State Police?
MR. LOUGHRAN: Yes.
MR. YANNETTI: Without telling us what you told them, did you speak to them?
MR. LOUGHRAN: Yes.
MR. YANNETTI: Before speaking to them in 2023, had you ever heard from former trooper Michael Proctor or anybody from this investigation from the state police or Canton police?
MR. LOUGHRAN: No.
MR. YANNETTI: At some point, did you hear from the state police?
MR. LOUGHRAN: Yes.
MR. YANNETTI: That was after you'd already talked to the defense and to these other law enforcement officers who were not state police or Canton police.
MR. LOUGHRAN: Yes.
MR. YANNETTI: And sir, how clear is your memory about what you saw or didn't see in the early morning hours of January 29th of 2022 in the area of 34 Fairview, the first up and down pass, the second up and down pass, and then the third time you came.
MR. LOUGHRAN: Very strong.
MR. YANNETTI: I have no further questions. Thank you, sir.
JUDGE CANNONE: All right. Thank you very much. The exhibit. Oh, I'm sorry. All right, Mr. Brennan, whenever you're ready.