Commonwealth v. Read — Trial ArchiveBrian Loughran - Redirect/Recross
189 linesMR. YANNETTI: Very briefly, sir. You were asked by Mr. Brennan about whether you saw a dumpster that night. Do you recall that line of questioning?
MR. LOUGHRAN: I do.
MR. YANNETTI: In the aftermath of January 29th, 2022, was a dumpster all over the news for the next three and a half years?
MR. LOUGHRAN: Not that I am aware of.
MR. YANNETTI: You were asked about going through your route with the defense investigator and giving a statement to the defense investigator.
MR. LOUGHRAN: Yes.
MR. YANNETTI: How soon after January 29th, 2022 was that?
MR. LOUGHRAN: Two weeks.
MR. YANNETTI: Were the events fresh in your mind at that time?
MR. LOUGHRAN: Yes.
MR. YANNETTI: Finally — oh, actually not finally. I've got two more points, but they're both brief. You had mentioned that that night you actually misjudged and hit a net.
MR. LOUGHRAN: Yes.
MR. YANNETTI: Can you describe the... — basketball apparatus that — and I'm going to ask you what part of it you hit, but describe what that looks like.
MR. LOUGHRAN: It's got a base with wheels on it. It's portable so you can move it in and out. And it's got the basketball frame and it's got the backboard and then the rim.
MR. YANNETTI: Okay. So this is not a pole that was cemented into the ground.
MR. LOUGHRAN: Correct.
MR. YANNETTI: But perhaps we're all familiar with it — the black base that maybe you put sandbags on, that type of thing to keep it in place. But it does have wheels.
MR. LOUGHRAN: Correct.
MR. YANNETTI: All right. And you mentioned the net. The net is the rope netting that comes down.
MR. LOUGHRAN: Correct. Correct.
MR. YANNETTI: There's also a hoop that keeps the net in place.
MR. LOUGHRAN: Yes.
MR. YANNETTI: And the pole.
MR. LOUGHRAN: Correct.
MR. YANNETTI: And the base.
MR. LOUGHRAN: Correct.
MR. YANNETTI: Of all those things, what part did your plow truck actually catch?
MR. LOUGHRAN: It caught the net and a little bit of the frame — the frame where the net was — something that you saw from the beginning. You just misjudged the distance. Correct.
MR. YANNETTI: Now, finally, with regard to the 5:30 testimony that you gave last year.
MR. LOUGHRAN: Yes.
MR. YANNETTI: Did you also testify that the last pass that you tried to make when the police were blocking the scene was about 3 hours after that 3:30 second up and down?
MR. LOUGHRAN: Yes.
MR. YANNETTI: So, why is it last year that you testified that it was 3 hours later, but you came up with the time of 5:30 as the final time?
MR. LOUGHRAN: As he's asking me these questions, I'm trying to do the math in my head. I'm sorry. Math is not my strong suit.
MR. YANNETTI: What time was it when you made that final pass, sir?
MR. LOUGHRAN: 6:15. 6:30.
MR. YANNETTI: I have nothing further.
MR. BRENNAN: You mentioned you're trying to do the math in your head. There is no reason why you would specifically remember certain times on each pass other than trying to remember and give an accounting. Right.
MR. LOUGHRAN: Could you rephrase that please?
MR. BRENNAN: Sure. You don't have your watch out on a certain schedule that you have to pass a certain street at a certain time.
MR. LOUGHRAN: Correct.
MR. BRENNAN: You weren't marking your times to some event when you were driving up and down the street that night, were you?
MR. LOUGHRAN: No.
MR. BRENNAN: So, you're trying to go back with your memory and piece it together the best you can.
MR. LOUGHRAN: Correct.
MR. BRENNAN: And that's why you're giving estimates.
MR. LOUGHRAN: Yes. Correct.
MR. BRENNAN: And when you spoke to those law enforcement officials — not Canton, not State Police — and you said at 3:00 you saw first responder vehicles. That was based on your memory, wasn't it?
MR. YANNETTI: Objection.
JUDGE CANNONE: I'll allow it.
MR. BRENNAN: It's based on your memory.
MR. LOUGHRAN: Not at 3:30.
MR. BRENNAN: Right. Do you know that there was a car similar to a Ford Edge in front of 34 Fairview around 6:00 a.m. that morning?
MR. LOUGHRAN: I don't — I wasn't able to get in front of Fairview Drive, 34 Fairview at 6:00 in the morning.
MR. BRENNAN: Have you ever met Kerry Roberts before?
MR. LOUGHRAN: I have not.
MR. BRENNAN: Counsel just asked you if there was a lot of media about this case and you said that there was.
MR. LOUGHRAN: I did.
MR. BRENNAN: He just asked you a question about whether there was a lot of attention on this case?
MR. YANNETTI: Objection.
JUDGE CANNONE: Ask it different.
MR. BRENNAN: Did he just talk to you about everything that happened after this case? All the attention on this case.
MR. YANNETTI: Objection.
JUDGE CANNONE: I'm gonna allow that.
MR. BRENNAN: You remember his question about all the attention after this case? He asked specifically a question about the dumpsters. And he said that wasn't subject to a lot of attention, was it?
MR. LOUGHRAN: Correct.
MR. BRENNAN: Right. But this case — the case itself —
MR. LOUGHRAN: Yes.
MR. BRENNAN: The people involved in this case were subject to a lot of attention.
MR. LOUGHRAN: Correct.
MR. BRENNAN: And you spoke to the defense investigator after this case as far as attention is concerned. Remember speaking to the investigator on June 5th, 2023?
MR. LOUGHRAN: Yes.
MR. BRENNAN: And do you know — coincidentally — that is the day that the blogger put out the articles on you accusing you of not doing the right thing?
MR. YANNETTI: Objection.
JUDGE CANNONE: Sustained.
MR. BRENNAN: May I approach?
JUDGE CANNONE: Yes.
MR. BRENNAN: Showing you a document — as you take a look at that document, what day is that document dated?
MR. LOUGHRAN: June 5th, 2023.
MR. BRENNAN: Without reading it, is that document possibly about you?
MR. LOUGHRAN: Correct.
MR. BRENNAN: And your friends and people in the community talked to you about this article, didn't they?
MR. LOUGHRAN: Not specifically this article, but they were sending me stuff that were being printed about me.
MR. BRENNAN: Yes. Why don't you take a little look at what's said and you can tell us whether that's the same type of information that was being conveyed to you.
MR. LOUGHRAN: Can you ask that question again please?
MR. BRENNAN: Yes sir. Was this some of the kind of attention that you were receiving on June 5th after you spoke to the defense investigator?
MR. LOUGHRAN: Yes.
MR. BRENNAN: May I have a sidebar?
JUDGE CANNONE: We are back in session. All right, Mr. Brennan.
MR. BRENNAN: Sorry, I have just a few more questions. When I had mentioned about meeting the defense investigator on June 5th, 2023, I misspoke. It was June 5th, 2024. Does that sound more like it?
MR. LOUGHRAN: Yes. June 5th, 2024.
MR. BRENNAN: Was that shortly before you testified?
MR. LOUGHRAN: Yes.
MR. BRENNAN: You were asked on redirect examination whether any dumpsters got any attention about this case. The question I was asking is, did you notice things that might have been open and obvious, and you have no memory of an actual dumpster in the area?
MR. LOUGHRAN: Correct. Correct.
MR. BRENNAN: If I could have on the screen Exhibit 37 — still photo from that clip.
MR. YANNETTI: [unintelligible]
JUDGE CANNONE: Sure.
MR. BRENNAN: It is a video that I will stop at a certain point. Okay. Exhibit 71. And sir, do you notice the big red dumpster to the right side across from Fairview?
MR. LOUGHRAN: Yes.
MR. BRENNAN: Okay, you can take that down, sir. When we started the break, I had asked you some questions. I showed you a document, asked you if you were aware what was inside that document, and you mentioned that was around June 5th, 2023. That was before your last testimony in this case.
MR. LOUGHRAN: Yes.
MR. BRENNAN: And you knew that a person or persons were putting out private pictures of you online.
MR. LOUGHRAN: I did notice.
MR. BRENNAN: And those private pictures — you didn't give anybody permission or want that attention, did you?
MR. LOUGHRAN: I did not.
MR. BRENNAN: In fact, it was not just some private pictures. It was pictures taken from a number of different times in your life.
MR. LOUGHRAN: Correct. Yes.
MR. BRENNAN: You never gave anybody permission to do that.
MR. LOUGHRAN: I did not.
MR. BRENNAN: You didn't want people talking about you or asking you questions. That was none of their business, was it?
MR. LOUGHRAN: I did not.
MR. BRENNAN: And it was embarrassing that you were being made this public spectacle when you had done nothing wrong.
MR. LOUGHRAN: Correct.
JUDGE CANNONE: Ask it differently.
MR. BRENNAN: Was it embarrassing what they were doing to you?
MR. LOUGHRAN: I wouldn't say embarrassing — more aggravating.
MR. BRENNAN: In fact, they were calling your boss.
MR. LOUGHRAN: Yes.
JUDGE CANNONE: I am going to allow that.
MR. LOUGHRAN: Yes.
MR. BRENNAN: You mentioned how hard you work.
MR. LOUGHRAN: Yes.
MR. BRENNAN: [unintelligible]
MR. LOUGHRAN: Yes.
MR. BRENNAN: [unintelligible]
MR. BRENNAN: Anytime you can work, you try hard, don't you?
MR. LOUGHRAN: I do.
MR. BRENNAN: And when someone is calling your boss, giving undue attention to you, didn't it create some concern it could affect your livelihood?
MR. LOUGHRAN: I did not think it was going to affect me in that manner.
MR. BRENNAN: In addition to dragging you into this, your brother was dragged into this, was he not?
MR. LOUGHRAN: Yes.
JUDGE CANNONE: Ask it differently.
MR. BRENNAN: When you were getting this information about what was happening, you learned that they were also dragging your brother into this because of you.
MR. LOUGHRAN: Correct.
JUDGE CANNONE: Sustained.
JUDGE CANNONE: Okay.
COURT OFFICER: All rise.
MR. BRENNAN: Did you learn that information was coming out about your brother?
MR. LOUGHRAN: I knew my brother was dealing with other issues regarding this case.
MR. BRENNAN: And certainly you're close with your brother.
MR. LOUGHRAN: Yes.
MR. BRENNAN: And you care for your brother?
MR. LOUGHRAN: Yes.
MR. BRENNAN: You did not want to upset anybody and have more attention brought on to your brother, did you?
MR. LOUGHRAN: I did not.
MR. BRENNAN: And there was an attempt to link your brother to one of the — in fact.
MR. LOUGHRAN: Correct. Yes.
MR. BRENNAN: As well as you.
MR. LOUGHRAN: I don't know if I was being linked.
MR. BRENNAN: Did you know the information trying to so-called out you about the fact that you worked for Chris Albert?
JUDGE CANNONE: I'm going to sustain that — the way it's phrased. Were you aware when your friends and family were telling you about what was going on, about an attempt to draw a relationship between you and the Alberts?
MR. LOUGHRAN: No.
MR. BRENNAN: And were you aware when people were telling you what was happening that there was attacks on you personally — like finances and things like that?
MR. LOUGHRAN: Yes, I was aware of that.
MR. BRENNAN: And certainly that is pretty discouraging when that is happening and you've done nothing wrong, isn't it?
MR. LOUGHRAN: It was — again — aggravating.
MR. BRENNAN: And this was all happening before you came in and testified last time.
MR. LOUGHRAN: Correct.
MR. BRENNAN: After you testified, things got better.
MR. LOUGHRAN: I wouldn't say better. It's gotten a little — a little more easily manageable.
MR. BRENNAN: You were no longer being harassed. You were being embraced.
MR. LOUGHRAN: Correct. Yes.
MR. BRENNAN: Let me show you a photograph. Do you recognize that?
MR. LOUGHRAN: I do.
MR. BRENNAN: Is that part of the embracing process after you testified at the last trial?
MR. LOUGHRAN: It was after I testified. Yes.
MR. BRENNAN: With redaction, introduce a select portion of this.
JUDGE CANNONE: So I need to see what that is. Yeah. Come to sidebar and make this very brief, please. So that's next in evidence. Madam — Madam court reporter, please.
MR. BRENNAN: And I just showed you a photograph. Is that a fair and accurate depiction of you after your last testimony?
MR. LOUGHRAN: Yes.
MR. BRENNAN: Reflecting you now being embraced rather than attacked?
MR. LOUGHRAN: Yes.
MR. BRENNAN: Could we show the photo, please, Miss Gilman, with the court's permission?
JUDGE CANNONE: Yes.
MR. JACKSON: And that's you, Mr. Loughran.
MR. LOUGHRAN: Yes.
MR. BRENNAN: You can take that down, please. Thank you for your time.
MR. YANNETTI: Just very briefly, sir, if I might.
JUDGE CANNONE: Sure.
MR. YANNETTI: Mr. Loughran — Lachlan — I should say. The questioning about the attention that you received in 2023, when you received secondhand the information from the blogger — was that before or long after you were interviewed and gave a statement to the defense investigator in February of 2022?
MR. LOUGHRAN: It was long after.
MR. YANNETTI: Nothing further. Thank you.
JUDGE CANNONE: Okay. All right. Mr. Loughran, you are all set, sir. Is there another witness?
MR. YANNETTI: [unintelligible — witness name]
JUDGE CANNONE: All right. Do you need to see me before she's coming in, or will that be in a while?
MR. YANNETTI: I can't remember.
JUDGE CANNONE: Why don't you come on up really quickly? We can have the wait — if —
COURT OFFICER: Excuse me. Follow me. Step up.