Day 9 - May 5, 2025

Continuing cross-examination from the previous Friday, defense attorney David Yannetti methodically probes the foundation of Hannah Knowles's BAC calculations. Knowles says her calculations rely on Good Samaritan Hospital results, about whose accuracy or reliability she has no direct knowledge, and that her lab did not receive samples from this individual for testing. Yannetti then examines the serum-to-whole-blood conversion factor, including its 1.13–1.19 range and a study he cited with a rate as high as 1.59. He elicits that the resulting range of 0.14% to 0.28% is wide. Knowles corrects Yannetti's premise about a 12:45 a.m. last drink: for the maximum calculation, she assumed no alcohol had been consumed during the 1.5-to-2-hour period before the time interval beginning at 12:45 a.m. In response to the hypothetical that Read consumed alcohol after 12:45 a.m., Knowles says the foundation of her calculations would be incorrect and that she would need different calculations or a revised report; she adds that components intended to accommodate unknown drinking history may or may not be enough over the eight-hour span. Yannetti closes by asking whether Knowles was asked to calculate the BAC of Brian Albert or anyone other than Karen Read.

On redirect, ADA Adam Lally walks Hannah Knowles back through the foundations challenged during cross-examination. Knowles confirms she has performed over a hundred serum conversions using the same approved protocols, that the conversion factors are derived from published studies designed to capture interpersonal variation, and that the updated 1.13–1.19 factors actually produce lower (more favorable to the defendant) results than the prior 1.12–1.18 range. She testifies that less than 5% of alcohol is eliminated through the bladder, minimizing that line of cross-examination questioning. Lally concludes by having Knowles restate that Karen Read's converted BAC at 9:08 a.m. was 0.078–0.082%, and her retrograde-calculated BAC at 12:45 a.m. was 0.14–0.28% — with every number in that range above 0.08.

Ryan Nagel, a 32-year-old Canton resident, testifies that after leaving C.F. McCarthy's around midnight on January 28-29, 2022, he rode with friend Ricky and ex-girlfriend Heather Maxon to 34 Fairview Road to pick up his sister Juliana from Brian Albert Jr.'s house. As they approached via Cedarcrest Road, a black SUV turned right onto Fairview just ahead of them and remained in front of them. After parking at the driveway for approximately five minutes, Nagel saw the SUV's brake lights activate once and the vehicle move forward about a car length. When leaving, he briefly saw a woman in the driver's seat with her hands at 10 and 2 on the steering wheel, illuminated by the dome light, but could not identify her. Nagel said he had not kept his attention on the SUV because he was concerned about his sister, and later said the woman and vehicle obstructed his view of the SUV's other side.

David Yannetti cross-examines Ryan Nagel, methodically establishing that the black SUV Nagel observed on Cedarcrest and Fairview Road was being driven safely — proper speed, staying in lane, using directionals, and responding appropriately to Ricky D'Antuono's flashed headlights. Yannetti uses a map exhibit (Exhibit 49) to orient the jury on the geography of the intersection and Nagel's positioning. Nagel confirms the snow had not yet accumulated on the pavement, and he saw no tire marks behind the SUV or anywhere in the street. When Ricky's truck passed the parked SUV, the dome light illuminated the front compartment. Nagel described seeing a woman with long hair in the driver's seat, but said he could not see past her and only saw a woman. Yannetti's questioning advanced the proposition that she looked alone; Nagel's limited observation did not identify her or establish the SUV's occupancy. Nagel heard no arguing, yelling, or screaming from the vehicle.

Hank Brennan redirects Ryan Nagel about his observations from the night of January 28-29, 2022. Nagel described arriving around 12:30 and leaving before 12:35, when snow was just starting to fall and grass remained visible through a light coating. Nagel said he was not observing the SUV for missing tail-light sections, and he said he did not see a person lying on the ground near the flag pole. He also said that the woman and the vehicle itself obstructed his view of the SUV's far side. Using Exhibit 16, Brennan asks whether Nagel had seen the pictured man at 34 Fairview Road.

David Yannetti conducts a brief recross consisting of a single line of questioning. He asks Ryan Nagel to confirm his earlier cross-examination testimony that the passenger seat of the black SUV was empty. Nagel affirms he is not changing that testimony. The witness is then excused by Judge Cannone.

Prosecutor Hank Brennan calls Heather Maxon, who dated Ryan Nagel at the time of the incident. Maxon recounts that after drinking at C.F. McCarthy's and the Hillside, she rode in the back seat of friend Ricky's truck to pick up Ryan's sister Julie from a house on Fairview Road. At an intersection, they yielded to an SUV making a right turn onto the same street, and Maxon saw a female driver and male front-seat passenger inside. The truck parked behind the SUV on the street. During their brief stop, Maxon never saw anyone exit the SUV, walk across the yard, or pass by on the street — only Julie came outside. When they departed, Maxon saw the same female still in the driver's seat with an interior light on, but did not see the male passenger. She did not study the vehicle's interior and looked only in passing.

Defense attorney David Yannetti cross-examines Heather Maxon about her opportunity to observe the SUV, eliciting that she could not say with certainty that she was not checking her phone while waiting for Julie and that she was not monitoring the SUV every second.

In a short redirect of seven questions, prosecutor Hank Brennan addresses the defense's cross-examination theme that Maxon may not have been watching the SUV. Brennan asks about Maxon's orientation and attention while in the truck; Maxon says she does not recall the direction she was facing, was probably in and out of the conversation with Julie, and does not think she was facing the opposite direction. He concludes by having Maxon confirm she never saw anyone other than Julie come in or out of the house. Yannetti objects to the final question but is overruled, and the witness is dismissed.

Sarah Levinson, a 26-year-old nurse, testifies on direct examination about the evening of January 28, 2022, at 34 Fairview Road. She arrived between 7-8 PM with Julie Nagel for Brian Albert Jr.'s birthday celebration. She describes the house layout in detail, including entrances, the kitchen/dining area, basement access, and sightlines to the front yard. The younger group (Courtney Alba, Kathryn Doody, Emily Fabiano, Mary Kent, and briefly Colin Albert) left before midnight, after which the adult group arrived around midnight: Brian Albert Sr., Brian Higgins, Nicole Albert, Caitlin Albert, and Jennifer and Matthew McCabe. Levinson testified the mood was consistently positive with no arguments. She left between 1:30-2:00 AM via the front door with Julie Nagel, riding home with the McCabes. She describes a dusting of snow with grass still visible, and recounts looking at her feet while walking arm-in-arm with Nagel due to poor shoe traction. She did not look at the front yard or flag pole area as they departed.

Alan Jackson establishes Sarah Levinson's long friendship with the Albert family and her 20-plus visits to 34 Fairview Road, then asks about prior testimony that she had not met the family dog Chloe. Levinson says she is not completely sure, conditionally accepts the prior testimony, and does not know why she had not met the dog. Jackson walks through her departure around 1:30 a.m. and asks about the yard, lighting, and flagpole area; Levinson says she did not notice anything unusual, was looking down at her shoes rather than at the flagpole, and only most likely looked up at some point. Levinson saw Matt McCabe return to the house for his jacket but did not see him leave the second time and would not say that he did for sure. The cross concludes with the nine-month delay before Trooper Michael Proctor interviewed her in October 2022. Levinson denies preparing for the interview and says she had spoken with Julie Nagel beforehand and discussed its subject matter somewhat.

ADA Brennan conducts a short redirect of Sarah Levinson using a photograph of 34 Fairview Road. He addresses the cross-examination implication that exterior lighting would have made objects on the lawn visible, eliciting that the light inside the house did not illuminate the ground near the flag pole and fire hydrant. Levinson confirms she was not looking at or studying the flag pole area, bushes, or fire hydrant when she left, and had no reason to do so.

On redirect, ADA Hank Brennan addresses two lines of attack from Jackson's cross-examination. First, Brennan establishes that McLaughlin did not merely identify Caitlin Albert as a high school acquaintance and leave it there — she described the relationship 'over 20 times' during prior testimony, characterizing Albert as an acquaintance rather than a close friend, with no one-on-one friendship. Second, Brennan rehabilitates McLaughlin's failure to document or follow up on Karen Read's 'I hit him' statement by eliciting that McLaughlin did not know this was a homicide investigation, that Read never specified what she hit O'Keefe with, and that McLaughlin's role as a paramedic was medical care, not investigation. The proceeding concludes with McLaughlin's emotional statement that she will never forget Read's words.

In a short recross of approximately 30 utterances, defense attorney Alan Jackson pursues two lines. First, he gets McLaughlin to agree the scene was disturbing and emotional, then pivots to suggest that such conditions cause details to be missed — setting up a contrast with her certainty that Read said 'I hit him' rather than 'Did I hit him?' or 'Could I hit him?' McLaughlin maintains she heard 'I hit him' repeatedly and never heard those alternative phrasings. Jackson then briefly touches on her expanded testimony about Caitlin Albert before returning to whether Trooper Proctor told McLaughlin that Officer Kevin Albert had coordinated her interview. McLaughlin denies any knowledge of this, and the witness is excused.