Commonwealth v. Read — Trial ArchiveRyan Nagel - Direct/Cross/Redirect/Recross
552 linesMR. BRENNAN: The Commonwealth calls Ryan Nagel.
COURT CLERK: Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? Good morning.
MR. NAGEL: Good morning.
MR. BRENNAN: May I proceed?
JUDGE CANNONE: Yes.
MR. BRENNAN: Good morning, sir.
MR. NAGEL: Good morning.
MR. BRENNAN: Could you please introduce yourself to the jury?
MR. NAGEL: My name is Ryan Nagel.
MR. BRENNAN: How old are you?
MR. NAGEL: I am 32 years old.
MR. BRENNAN: What area of the city or the state do you live in?
MR. NAGEL: I live in Canton, Massachusetts.
MR. BRENNAN: How long have you lived in Canton for?
MR. NAGEL: 32 years, my whole life.
MR. BRENNAN: You still live in Canton?
MR. NAGEL: Yes, I do.
MR. BRENNAN: Do you work in the area?
MR. NAGEL: I work in the city.
MR. BRENNAN: What do you do generally?
MR. NAGEL: I do HVAC.
MR. BRENNAN: Do you have any sisters?
MR. NAGEL: I do. I have one.
MR. BRENNAN: What's her name?
MR. NAGEL: Juliana.
MR. BRENNAN: Is she older or younger than you?
MR. NAGEL: She is younger.
MR. BRENNAN: I want you to take us back to January 29th, 2022. That evening, on the 28th leading into the 29th, do you remember where you were?
MR. NAGEL: Yes, I do.
MR. BRENNAN: Where were you?
MR. NAGEL: I was in a vehicle.
MR. BRENNAN: Okay. Before you were in the vehicle, were you out earlier that night on the 28th?
MR. NAGEL: Yes, sir. I was at C.F. McCarthy's.
MR. BRENNAN: What's C.F. McCarthy's?
MR. NAGEL: It's a local restaurant/pub in the center of Canton.
MR. BRENNAN: Who were you at C.F. McCarthy's with?
MR. NAGEL: My sister, at the time, and then my friend Ricky and my ex-girlfriend Heather. What were you doing at C.F. McCarthy's? Just enjoying a night, having a few drinks.
MR. BRENNAN: When you said "have a few drinks," did you have a few drinks?
MR. NAGEL: I did. Yes.
MR. BRENNAN: Do you remember how many drinks you had?
MR. NAGEL: Not off the top of my head.
MR. BRENNAN: Do you remember whether the drinks you had — the alcoholic drinks that you had — affected your ability at all? Were you impaired in any way?
MR. NAGEL: I wouldn't say impaired, but I only drank beer, so—
MR. BRENNAN: Okay. Do you feel like you had any type of effect from the alcohol?
MR. NAGEL: I may have.
MR. BRENNAN: Were you driving?
MR. NAGEL: No, I was not, sir.
MR. BRENNAN: Do you remember the times that you were at McCarthy's?
MR. NAGEL: Probably 8, 9:00.
MR. BRENNAN: What time did you leave?
MR. NAGEL: Probably right before midnight.
MR. BRENNAN: When you left McCarthy's right before midnight, did you have a plan that you were going to do something?
MR. NAGEL: No, I did not.
MR. BRENNAN: Tell us — after you leave McCarthy's, where do you go?
MR. NAGEL: I was going to go home, but my sister Julie texted me to be picked up.
MR. BRENNAN: When you were going to go home — tell us, when you left McCarthy's, what kind of vehicle were you in?
MR. NAGEL: I was in my friend Ricky's Ford pickup truck.
MR. BRENNAN: Who was driving?
MR. NAGEL: Ricky.
MR. BRENNAN: Was anybody else with you?
MR. NAGEL: My ex-girlfriend Heather.
MR. BRENNAN: Heather — you know Heather's last name?
MR. NAGEL: Maxon.
MR. BRENNAN: Was she in the front or the back of the truck?
MR. NAGEL: She was in the back seat.
MR. BRENNAN: So, you three were in the truck and Ricky was driving?
MR. NAGEL: Correct, sir.
MR. BRENNAN: You mentioned you were going to go home. Did you start to head towards your home?
JUDGE CANNONE: Mr. Brennan, slow down a little bit for the court, please.
MR. BRENNAN: Pardon me. You mentioned you were going to go home. Did you start heading towards your house?
MR. NAGEL: Yes.
MR. BRENNAN: Do you remember what time you got the text from your sister?
MR. NAGEL: Around midnight. I'm not — I can't remember that far back.
MR. BRENNAN: You don't have a firm memory of it?
MR. NAGEL: No, I do not.
MR. BRENNAN: Sir, after you received the text from your sister, did your plan change?
MR. NAGEL: Yes.
MR. BRENNAN: And what was the plan after you received the text from your sister?
MR. NAGEL: To go pick her up.
MR. BRENNAN: Did you know where she was?
MR. NAGEL: Yes, I did.
MR. BRENNAN: Where was she?
MR. NAGEL: She was at a friend Brian's house.
MR. BRENNAN: Did you know the address?
MR. NAGEL: Not off the top of my head, but I knew the street.
MR. BRENNAN: Did you know the house?
MR. NAGEL: Yes.
MR. BRENNAN: Did you know her friend Brian?
MR. NAGEL: Yes, I did.
MR. BRENNAN: What is his last name?
MR. NAGEL: Albert.
MR. BRENNAN: Is he a senior or a junior?
MR. NAGEL: He is a junior.
MR. BRENNAN: About how old is he?
MR. NAGEL: I think 27, 28 years old.
MR. BRENNAN: Were you friends with Brian Albert Jr.?
MR. NAGEL: Just through my sister.
MR. BRENNAN: Had you ever been to that house before, inside the house?
MR. NAGEL: No, I have not, sir.
MR. BRENNAN: Do you have any other purpose of going to that address other than to pick up your sister?
MR. NAGEL: No, sir.
MR. BRENNAN: How long did it take you after you left to redirect and get to that address?
MR. NAGEL: Probably roughly 5 to 7 minutes.
MR. BRENNAN: Do you know what time specifically you arrived at that address?
MR. NAGEL: Probably a little before 12:30.
MR. BRENNAN: Is that a general guess?
MR. NAGEL: Yes.
MR. BRENNAN: Did you look at your watch and note the time, or is this an estimate?
MR. NAGEL: Just an estimate, sir.
MR. BRENNAN: You estimated you arrived around 12:30, correct? When you approach the house — before you approach the house — is there a road that intersects Fairview?
MR. NAGEL: Yes.
MR. BRENNAN: And what's the name of that road?
MR. NAGEL: Actually — give me a second. I can't think of the name.
MR. BRENNAN: Okay. Are you familiar with any roads in that area?
MR. NAGEL: Yes, sir.
MR. BRENNAN: Are you familiar with the road Cedarcrest?
MR. NAGEL: Yes, sir.
MR. BRENNAN: Had you driven on Cedarcrest before?
MR. NAGEL: Yes, I have.
MR. BRENNAN: If you're driving on Cedarcrest, can you loop around like a circle on that road?
MR. NAGEL: Yes.
MR. BRENNAN: At some point, do the two parts of that circle intersect with another road?
MR. NAGEL: I believe so.
MR. BRENNAN: Okay. Is Fairview, from your knowledge, attached to Cedarcrest Road?
MR. NAGEL: Yes.
MR. BRENNAN: As you were traveling, did you travel on Cedarcrest before you got to Fairview?
MR. NAGEL: Yes.
MR. BRENNAN: Okay. I want to ask you some questions about right before you turn on — or Ricky turns on to Fairview — as you're driving down Cedarcrest. Before you turn onto Fairview, did you see anything?
MR. NAGEL: I saw a vehicle coming at us — not directly at us, but obviously traveling on the other side of the road.
MR. BRENNAN: Okay. And where was that vehicle traveling towards?
MR. NAGEL: Towards us, and then they put their blinker on to take a right — to take a right.
MR. BRENNAN: That vehicle was going to take a right onto Fairview?
MR. NAGEL: Correct, sir.
MR. BRENNAN: And your vehicle is coming in the opposite direction, correct? Where was your vehicle going?
MR. NAGEL: Taking a left onto Fairview.
MR. BRENNAN: Did you both meet at that intersection?
MR. NAGEL: Yes, roughly around the same time.
MR. BRENNAN: Who turned onto Fairview first?
MR. NAGEL: The the other vehicle.
MR. BRENNAN: How did that happen?
MR. NAGEL: I believe Ricky flashed his lights to let them go.
MR. BRENNAN: Did you see the other vehicle?
MR. NAGEL: Uh, yes.
MR. BRENNAN: Do you remember what kind of vehicle it was?
MR. NAGEL: That was a black SUV.
MR. BRENNAN: When that car turned right onto Fairview, how long after did Ricky turn left onto Fairview?
MR. NAGEL: Seconds.
MR. BRENNAN: When you came to that intersection and met that car, when Ricky blinked his lights, could you see inside that SUV?
MR. NAGEL: Say that again.
MR. BRENNAN: When you came to the intersection at Fairview — and you said that the driver of your truck, Ricky, blinked his lights — could you see anything inside the SUV?
MR. NAGEL: I wasn't really looking.
MR. BRENNAN: Okay. After that SUV turned right onto Fairview and Ricky turned left onto Fairview, who was in front of who?
MR. NAGEL: The other vehicle was in front of us.
MR. BRENNAN: Was the other vehicle in front of you the entire time you saw it?
MR. NAGEL: Yes, sir.
MR. BRENNAN: Did Ricky ever drive and park in front of that vehicle?
MR. NAGEL: No. We were behind them.
MR. BRENNAN: Always behind it?
MR. NAGEL: Always.
MR. BRENNAN: When Ricky pulled up to Fairview, where did he stop?
MR. NAGEL: Right in front of the driveway of the Alberts' house.
MR. BRENNAN: You were in the front passenger side of the truck. Correct. Sir, if you look directly outside that window, what would you have seen?
MR. NAGEL: The driveway and the house. The other vehicle — did it stop at the driveway? No. It was probably like a car length in front of us.
MR. BRENNAN: So it was in front of you.
MR. NAGEL: Correct, sir.
MR. BRENNAN: Did you ever see that car stop at the driveway?
MR. NAGEL: At the driveway? I don't recall.
MR. BRENNAN: Okay. Did you wait before you got to Fairview, or did Ricky drive directly to Fairview after he took the left?
MR. NAGEL: He turned left onto Fairview.
MR. BRENNAN: Did he wait, or did he drive directly to Fairview?
MR. NAGEL: He drove directly there.
MR. BRENNAN: Okay. The car in front of you — did you ever see it move behind you in front of the driveway?
MR. NAGEL: Behind? It was in front of me the whole time.
MR. BRENNAN: And so — I'll ask the question again. Did you ever see that SUV stop at the front of the driveway?
MR. NAGEL: No, but I did see the brake lights. It looked like it moved, but it wasn't. So the brake lights were on, it released them, and then stopped again. So it probably moved another car length up.
MR. BRENNAN: How many times did you see the brake lights on?
MR. NAGEL: Just once, sir.
MR. BRENNAN: After you stopped at the foot of the driveway, did you keep your attention on that SUV?
MR. NAGEL: Not really. No. I was more concerned about my sister.
MR. BRENNAN: So you weren't studying it?
MR. NAGEL: No.
MR. BRENNAN: Were you making any notes or trying to mark its direction or travel?
MR. NAGEL: No. But you do know — or do you have any doubt — that it was in front of you the entire time? Yes, it was.
MR. BRENNAN: When you pulled to the driveway, did you go in to see your sister?
MR. NAGEL: No.
MR. BRENNAN: What did you do?
MR. NAGEL: I texted her saying we're here, and she came out, opened up the door. She looks at me and Ricky and said, "Hey, do you guys want to come in, you know, for a drink or whatever?" And I looked at him, looked in the back seat, asked Heather — we said, "No, we're all set. We're going to go home." And so she decided to stay.
MR. BRENNAN: So the idea was to give her a ride home. You did not give her a ride home.
MR. NAGEL: Correct. We did not.
MR. BRENNAN: Let me ask you some questions. Before your sister came out of the house, do you remember how long you waited for her?
MR. NAGEL: Roughly two minutes.
MR. BRENNAN: Okay. In its entirety, how long was that truck parked at the foot of the driveway in front of Fairview?
MR. NAGEL: Closer to five minutes.
MR. BRENNAN: Is that an estimate?
MR. NAGEL: Yes. I'm just guessing from what I can remember.
MR. BRENNAN: Did you mark the time in any way? Look at your watch?
MR. NAGEL: No, sir.
MR. BRENNAN: That's your general memory — you're just roughly trying to remember. When you looked up at the house, did you see there were more than one door?
MR. NAGEL: Yes. There were two doors.
MR. BRENNAN: Do you remember what door your sister came out of?
MR. NAGEL: She came out of the side door, which is to the left of the garage.
MR. BRENNAN: Did you watch her?
MR. NAGEL: Yes.
MR. BRENNAN: Where did she walk — where to where?
MR. NAGEL: She walked out of that door, down the driveway, towards us.
MR. BRENNAN: When she reached you, how did you have a conversation with her if you were in the truck?
MR. NAGEL: I opened the door — my passenger door.
MR. BRENNAN: As you were speaking with her, were you watching anything else, or was your attention directed to your sister?
MR. NAGEL: Just on my sister.
MR. BRENNAN: At some point after your sister turned to go inside, did you wait for her, or did Ricky leave right away?
MR. NAGEL: We waited for her to get back into the house.
MR. BRENNAN: At any point before your sister went back in the house, did you see any lights — like dome lighting — come on inside that SUV?
MR. NAGEL: Yes, I did, sir.
MR. BRENNAN: Before or after your sister went in the house?
MR. NAGEL: Roughly like as she was getting in the door.
MR. BRENNAN: Okay. Before you ended your conversation with her, did you see the dome light go on in that SUV?
MR. NAGEL: Say that again. Sorry.
MR. BRENNAN: Before your sister left the driveway, did you see any dome light on in the SUV?
MR. NAGEL: No, I wasn't looking.
MR. BRENNAN: Your sister began to walk back to the house. What was your attention focused on?
MR. NAGEL: Mainly on her. We were pulling away from the driveway and kind of just glancing back over at Julia to make sure she got in.
MR. BRENNAN: When your sister went back up the driveway to go in the house, when was the next point you had any chance to see the SUV?
MR. NAGEL: When we were passing it.
MR. BRENNAN: When you were passing the SUV, where was it located in relation to the house flagpole?
MR. NAGEL: Directly in front of the house.
MR. BRENNAN: Okay. Was it anywhere near the flagpole as you drove by?
MR. NAGEL: Probably like — sorry — like a car length from that.
MR. BRENNAN: A car length from the flagpole?
MR. NAGEL: Yes, give or take.
MR. BRENNAN: Is that the middle, right, or left side of the house?
MR. NAGEL: That would be towards the left side of the house.
MR. BRENNAN: As you drove by that SUV, what was your primary focus?
MR. NAGEL: My sister, sir. Like watching her get in.
MR. BRENNAN: You were being attentive to her getting in.
MR. NAGEL: Correct, sir.
MR. BRENNAN: As you watched her get in, did you glance or see anything else in your vision as you were watching your sister?
MR. NAGEL: I saw that there was a woman in the driver's seat of the black SUV in front of me, sitting there with her hands on the steering wheel at 10 and two.
MR. BRENNAN: Did you get a good enough look that you would remember who that person was, or was it too brief to identify?
MR. NAGEL: Too brief, sir.
MR. BRENNAN: You saw the person in the SUV with their hands on the wheel. How did you see them inside the car?
MR. NAGEL: Their dome light was on.
MR. BRENNAN: Do you know how a dome light comes on in a vehicle?
MR. NAGEL: Yes, sir. Either you press it yourself, or if there is a door open.
MR. BRENNAN: When you had the glance or the glimpse of the woman in that SUV holding the wheel — you said 10 and two — correct, sir. Could you describe for us what that means?
MR. NAGEL: Just like a clock. Just the hands on the clock, like 10 and two.
MR. BRENNAN: I was just waiting for the siren, your honor. If I could show Exhibit 3 to Mr. Nagel — sir, do you recognize that address?
MR. NAGEL: Yes, sir.
MR. BRENNAN: And what is that address?
MR. NAGEL: That is 34 Fairview Road.
MR. BRENNAN: Do you recognize the flagpole?
MR. NAGEL: Yes, I do, sir.
MR. BRENNAN: Thank you. When you drove by and you said you saw a woman sitting in the front and the dome light was on, did you see anybody else in the car?
MR. NAGEL: No, sir.
MR. BRENNAN: Were you looking for anybody?
MR. NAGEL: No, sir.
MR. BRENNAN: Could there have been somebody else in the vehicle at that time?
MR. NAGEL: There could have been. Yes.
MR. BRENNAN: Could there have been someone standing outside the door?
MR. NAGEL: Yes, there could have been.
MR. BRENNAN: When you saw the person, were you studying the person?
MR. NAGEL: No.
MR. BRENNAN: How long of a time did you have to take a glimpse of that person?
MR. NAGEL: Five, ten seconds, maybe.
MR. BRENNAN: Okay. Now I want to ask you some questions about the entire time you were parked at the foot of the driveway until the point that you left Fairview. From when you first stopped at the driveway at Fairview until the point that you left and were no longer in front of that property, did you ever see any person get out of that SUV that was in front of you?
MR. NAGEL: No, I did not, sir.
MR. BRENNAN: Did you ever see any man ever cross the front yard towards that home?
MR. NAGEL: No, I did not, sir.
MR. BRENNAN: Did you ever see any man ever enter or stand in that front door?
MR. NAGEL: No, I did not, sir.
MR. BRENNAN: Did you ever see anybody walk across the front yard to the side door?
MR. YANNETTI: Objection.
JUDGE CANNONE: Allow it.
MR. NAGEL: No, I did not, sir.
MR. BRENNAN: Did you ever see anybody enter that side door other than your sister?
MR. NAGEL: No, I did not, sir.
MR. BRENNAN: As you were parked at the driveway the entire time — that generally five-minute time — did you ever see anybody get out of the SUV and walk down the street towards the driveway?
JUDGE CANNONE: Allow it.
MR. NAGEL: No, I did not, sir.
MR. BRENNAN: Did you ever see anybody walk past your truck and up the driveway?
MR. NAGEL: No, I did not, sir.
MR. BRENNAN: Did you ever see any person other than your sister outside of those vehicles the entire time that you were at Fairview?
MR. YANNETTI: Objection.
JUDGE CANNONE: I'll allow it.
MR. NAGEL: No, I did not, sir.
MR. BRENNAN: I have no further question.
JUDGE CANNONE: Thank you. Mr. Yannetti.
MR. YANNETTI: Thank you. Good morning, sir.
MR. NAGEL: Good morning.
MR. YANNETTI: You testified about having seen a black SUV before the vehicle that you were in entered Fairview Road at around midnight on January 29th of 2022. Correct?
MR. NAGEL: Correct, sir.
MR. BRENNAN: Objection. That's not facts in evidence.
JUDGE CANNONE: That's okay. The witness's answer is what matters.
MR. YANNETTI: Is that right?
MR. NAGEL: Yes.
MR. YANNETTI: Okay. You first saw that black SUV when it was coming toward your vehicle when you were on Cedarcrest, correct?
MR. NAGEL: I'm sorry. Let me — let me repeat that —
MR. YANNETTI: Because of the siren. You first saw that black SUV when it was coming toward the vehicle that you were in on Cedarcrest.
MR. NAGEL: Correct. Correct, sir.
MR. YANNETTI: Your friend Ricky D'Antuono was driving at that time.
MR. NAGEL: D'Antuono, sorry.
MR. YANNETTI: D'Antuono.
MR. NAGEL: Yes, he was driving at the time. Correct, sir.
MR. YANNETTI: Thank you. Yes.
JUDGE CANNONE: All right. Go ahead.
MR. YANNETTI: Thank you. Ricky doesn't drink, correct?
MR. NAGEL: Uh, he does. He wasn't drinking that night. He may have had one or two.
MR. YANNETTI: Okay. But he appeared to be driving safely.
MR. NAGEL: Yes, sir.
MR. YANNETTI: And you also had a chance to observe the black SUV at that time as it was facing you. Correct.
MR. NAGEL: Yes. When you saw it on Cedarcrest, you didn't know who was driving it at that time.
MR. YANNETTI: Correct.
MR. NAGEL: No, I couldn't see.
MR. YANNETTI: But your observations of the black SUV at that time were that whoever was driving it, that person appeared to be driving safely as well. Correct.
MR. NAGEL: Yeah, I would assume so. Yes.
MR. YANNETTI: One of the first things you noticed about the black SUV was that it was in front of you on Cedarcrest and both Ricky's F-150 and the black SUV were basically converging on Fairview at about the same time.
MR. NAGEL: Yes, sir.
MR. YANNETTI: The black SUV appeared to be going at a safe speed.
MR. NAGEL: Yes.
MR. YANNETTI: It appeared to be properly staying within its lane.
MR. NAGEL: Yes, I would say. Yeah.
MR. YANNETTI: And when it was time for Ricky to take a left onto Fairview, he actually put on his blinker, flashed his lights, to signal that it was okay for the black SUV to cut in front of it. Correct.
MR. NAGEL: Yes, sir.
MR. YANNETTI: And he actually did have his left blinker on at that time. Correct. Prior to doing that, and the black SUV had its right directional on, correct?
MR. NAGEL: Yes, sir.
MR. YANNETTI: And when both cars have their directionals on indicating they're going down the same street, the black SUV did not suddenly cut in front of Ricky's vehicle until the flashing of the lights. Correct.
MR. NAGEL: Correct, sir.
MR. YANNETTI: Both cars appeared to be operating safely. Correct.
MR. NAGEL: Correct, sir.
MR. YANNETTI: And once the lights were flashed, there was nothing about the operation of that black SUV that told you that the driver appeared to be confused about what the flashing meant. Correct.
MR. NAGEL: Correct, sir.
MR. YANNETTI: The black SUV didn't hesitate at that time. It just proceeded on to Fairview in front of you. Correct.
MR. NAGEL: Correct, sir.
MR. YANNETTI: And it did so in a safe manner.
MR. NAGEL: Correct, sir.
MR. YANNETTI: And the black SUV in that sense got ahead of Ricky's vehicle. Correct.
MR. NAGEL: Correct, sir.
MR. YANNETTI: And once you got to the Albert home, you noticed that the black SUV was parked outside the Albert home. Correct.
MR. NAGEL: Correct, sir.
MR. YANNETTI: And at that time, the snow had not yet started sticking to the pavement. Correct.
MR. NAGEL: Correct, sir.
MR. YANNETTI: You could see the pavement in both the driveway and the street.
MR. NAGEL: Correct, sir.
MR. YANNETTI: You could also see the grass on the lawn.
MR. NAGEL: Yeah, for the most part. Yes.
MR. YANNETTI: The snow was only just starting to accumulate on the grass. Correct.
MR. NAGEL: Correct, sir.
MR. YANNETTI: And with that little snow on the ground, you saw no tire marks behind the SUV. Correct.
MR. NAGEL: No, sir.
MR. YANNETTI: In fact, you saw no tire marks in the street at all.
MR. NAGEL: Correct, sir.
MR. YANNETTI: Um, may I have the map displayed, please?
JUDGE CANNONE: Is it in evidence already, Mr. Yannetti?
MR. YANNETTI: Um, may we approach?
JUDGE CANNONE: Okay. Is that okay? Thank you. Okay. Can you enlarge that, please?
MR. YANNETTI: Yeah. Actually, yeah. You know what? If we could enlarge it so you don't have to show — just show Cedarcrest and Fairview and maybe pull it in a little bit to the right now. The other way. See if that works. Okay, that's much better. Um, I don't know how your eyes are, sir, but are you able to read the street names on — to be honest?
MR. NAGEL: No, I can't see that far.
MR. YANNETTI: Okay, if I suggested to you that the top street horizontal going from right to left was Cedarcrest and that the street where the red arrow is is Fairview Road, would that orient you?
MR. NAGEL: Yes, sir.
MR. YANNETTI: And would it be fair to say that before you actually were coming down Cedarcrest Road, as you look at this map from right to left. Correct.
MR. NAGEL: Correct, sir.
MR. YANNETTI: And in that sense, you were traveling west on Cedarcrest. Correct.
MR. NAGEL: Yes.
MR. YANNETTI: You turned south onto Fairview. Correct.
MR. NAGEL: Correct, sir.
MR. YANNETTI: And you were still facing south when you parked in front of 34 Fairview.
MR. NAGEL: Correct, sir.
MR. YANNETTI: And that means that when you're sitting in that vehicle on Fairview Road, if you were going to walk to the house or look to the house, you would be walking or looking in a westerly direction. Correct.
MR. NAGEL: From where I was in the vehicle? Yes. Yes. So to my right.
MR. YANNETTI: Yes. Okay. And so when you were looking for Julie to come out, you were looking to the west.
MR. NAGEL: Correct, sir.
MR. YANNETTI: All right. Your honor, I would offer that into evidence. We're going to have a hard copy printed out for the jury after this examination.
JUDGE CANNONE: Okay. So we need something for the court reporter to —
MR. YANNETTI: Sure.
JUDGE CANNONE: All right. We will take care of that. Thank you. All right. And you can put the lights back on and you can take that down.
COURT CLERK: All right. So it will be — go ahead — 49.
MR. YANNETTI: 49. Thank you. And sir, it took a couple of minutes for Julie to come out after Ricky parked the F-150.
MR. NAGEL: Yes. When she did come out, you opened the door and you had a conversation with her while she stood between the door and the passenger compartment of the F-150. Repeat that, please.
MR. YANNETTI: Sure. When she did come out, she approached the F-150. Correct.
MR. NAGEL: Correct, sir.
MR. YANNETTI: And you were in the passenger's compartment, right?
MR. NAGEL: Correct, sir.
MR. YANNETTI: You opened up the passenger's door.
MR. NAGEL: Correct. Correct.
MR. YANNETTI: And she sort of — you stayed in the vehicle, right?
MR. NAGEL: Correct. I never left.
MR. YANNETTI: And she came sort of into the crook of the door and the passenger's compartment.
MR. NAGEL: Yes, sir.
MR. YANNETTI: All right. How close did she get to you?
MR. NAGEL: I could have popped her on the nose if I wanted to.
MR. YANNETTI: Okay. And you had a chance to observe her and size her up. Correct.
MR. NAGEL: Correct, sir.
MR. YANNETTI: You spoke to her for maybe about five minutes was your best estimate?
MR. NAGEL: I wouldn't say five. I'd probably say two or three.
MR. YANNETTI: Okay. But in any case, you did have a chance to observe her, correct?
MR. NAGEL: Yes, sir.
MR. YANNETTI: And it was clear to you that your sister Julie seemed like she had had a few drinks, correct?
MR. NAGEL: I mean, yeah, it was 12:30 in the morning. So, yes.
MR. YANNETTI: And she called you for a ride, right?
MR. NAGEL: Yes.
MR. YANNETTI: She knew that Ricky was driving, right? And when you arrived there, there was a discussion about whether she'd actually take the ride, right?
MR. NAGEL: Correct, sir.
MR. YANNETTI: If she was just going to come out and take the ride, there would have been no need for the conversation. Correct.
MR. NAGEL: Correct.
MR. YANNETTI: But do you recall previously testifying that you were out talking to Julie for over five minutes?
MR. NAGEL: I would not say over five minutes. No.
MR. YANNETTI: Okay. Do you deny that it was about five minutes?
MR. BRENNAN: Objection.
JUDGE CANNONE: I'll allow it.
MR. YANNETTI: Do you deny it was about five minutes?
MR. NAGEL: It could have been. Okay. I'm not — fair. Fair enough.
MR. YANNETTI: And you talked with her about whether she wanted to go in the truck and leave with you. Correct.
MR. NAGEL: Correct, sir.
MR. YANNETTI: You also talked about whether instead you, Heather, and Ricky would go into the house to join the gathering there.
MR. NAGEL: Correct, sir.
MR. YANNETTI: There was a back and forth that you really thought was unnecessary.
MR. NAGEL: I wouldn't say it would be unnecessary. It's just a common question if we want to come in and have a drink.
MR. YANNETTI: You have testified in the past that Julie can be kind of a pain in the ass.
MR. NAGEL: Correct. I mean, all siblings can be.
MR. YANNETTI: Yeah. In any case, Julie decides to go back inside and you decide to leave. Correct.
MR. NAGEL: Correct, sir.
MR. YANNETTI: Ricky did not speed up the street at that time.
MR. NAGEL: No, he just gradually pulled out.
MR. YANNETTI: Correct, sir. His direction of travel took him right past the black SUV that was now in front of you.
MR. NAGEL: Correct. Correct, sir.
MR. YANNETTI: He passed the black SUV on the left.
MR. NAGEL: Correct. Correct, sir.
MR. YANNETTI: And you were in the front passenger's seat at that time still.
MR. NAGEL: Correct. Correct, sir.
MR. YANNETTI: So, you were closest to the black SUV of the people that were in your vehicle as you passed it.
MR. NAGEL: Correct. Correct, sir. Yes.
MR. YANNETTI: And you were closest to the driver's side of the black SUV.
MR. NAGEL: Correct. Correct, sir.
MR. YANNETTI: You noticed that the interior dome light was on.
MR. NAGEL: Correct. That is correct, sir.
MR. YANNETTI: That lit up the whole front compartment of the SUV, did it not?
MR. NAGEL: Yes, it lit up the driver's seat and the passenger seat. Correct.
MR. YANNETTI: All I could see was the driver at the time.
MR. NAGEL: Understood. But the light wasn't just shining on the driver. It wasn't pointed at the driver.
MR. YANNETTI: I would say they were both lights that go down over both seats.
MR. NAGEL: Correct. They were on. Yes.
MR. YANNETTI: Okay. So, you could see both seats in the front compartment.
MR. NAGEL: I couldn't see past the woman.
MR. YANNETTI: Well, you only saw one.
MR. NAGEL: I only saw a woman.
MR. YANNETTI: Sorry. Sorry to interrupt you.
MR. NAGEL: Yes. No, no, no problem.
MR. YANNETTI: It allowed you to see into that front compartment.
MR. NAGEL: Yes.
MR. YANNETTI: All right. And you saw one person inside the car at that time?
MR. NAGEL: Correct, sir.
MR. YANNETTI: It was a woman with long hair in the driver's seat.
MR. NAGEL: Correct.
MR. YANNETTI: Correct, sir. And she looked like she was alone.
MR. NAGEL: Yes.
MR. YANNETTI: You didn't see anybody else in the SUV?
MR. NAGEL: No, I did not, sir.
MR. YANNETTI: You certainly didn't see a 6'1" man in the SUV in the passenger seat.
MR. NAGEL: Correct. Correct, sir.
MR. YANNETTI: In fact, you saw that the passenger seat was empty.
MR. NAGEL: Correct.
MR. YANNETTI: The woman in the passenger seat was staring straight ahead.
MR. NAGEL: Correct.
MR. YANNETTI: Uh, not in the passenger seat. She — I'm sorry.
MR. NAGEL: That was — Thank you for catching that.
MR. YANNETTI: The woman in the driver's seat was staring straight ahead.
MR. NAGEL: That is correct, sir.
MR. YANNETTI: Um, you didn't see her — her lips moving as if she were talking.
MR. NAGEL: Correct. I wasn't looking for that. Just happened to see a woman figure with her hands like this.
MR. YANNETTI: Okay. Facing straight.
MR. NAGEL: Correct, sir.
MR. YANNETTI: Um, you had no music on in Ricky's truck at that time, correct?
MR. NAGEL: No, sir.
MR. YANNETTI: Uh, Ricky had turned the music down when Julie came out so that you could actually speak to her.
MR. NAGEL: Correct. That is correct, sir.
MR. YANNETTI: Um, and when you got close to that SUV while you were passing it, you didn't hear any arguing there.
MR. NAGEL: Correct. Correct.
MR. YANNETTI: You didn't hear any yelling.
MR. NAGEL: Correct. No, I did not.
MR. YANNETTI: You didn't hear any screaming?
MR. NAGEL: No, I did not.
MR. YANNETTI: You didn't hear any noises within that SUV at all?
MR. NAGEL: No, I did not.
MR. YANNETTI: Sir, I have no further questions. Thank you.
JUDGE CANNONE: All right, Mr. Brennan.
MR. BRENNAN: Sir, you mentioned you were at that address around 12:30.
MR. NAGEL: That is correct, sir.
MR. BRENNAN: Um, and you offered us that you were there for about 5 minutes?
MR. NAGEL: Yes, sir.
MR. BRENNAN: Do you know the exact time you left?
MR. NAGEL: No. Off the top of my head right now, no.
MR. BRENNAN: Was it around that time?
MR. NAGEL: Yes, sir.
MR. BRENNAN: Would it be fair to say you don't have certainty whether it was 12:35, 12:32, 12:00?
MR. NAGEL: It's probably before 12:35. Roughly between 12:30 and 12:35.
MR. BRENNAN: You could still see the ground. Given the weather?
MR. NAGEL: Yes, sir.
MR. BRENNAN: Was there snow starting to fall?
MR. NAGEL: Um, just starting.
MR. BRENNAN: Had you been outside earlier that night?
MR. NAGEL: Yes, sir.
MR. BRENNAN: And the ground that you could see, do you know how hard it was? The ground. The ground.
MR. NAGEL: Yes.
MR. BRENNAN: Do you know if it was soft or hard?
MR. NAGEL: Like the road?
MR. BRENNAN: The ground. The grass. The lawn.
MR. NAGEL: Oh, I don't know. I mean, it was a cold night, so I mean, I assume it's hard.
MR. BRENNAN: Around that time, around 12:30 when you left. Um, was there inches of snow?
MR. NAGEL: No, there was not inches of snow. No, I could still see the grass coming through the snow. I mean, just like a coating. You could still see the bare ground.
MR. BRENNAN: Correct. Sir, when you saw that SUV in front of you for the time that you were there, that 5 minutes, did you ever — and you said that you saw brake lights at times?
MR. NAGEL: Mhm.
MR. BRENNAN: Did you ever see at that point missing parts of its tail lights?
MR. NAGEL: No, sir. I wasn't observing the vehicle like that.
MR. BRENNAN: When the tail lights were on, when the brakes were on, what color was the glow?
MR. NAGEL: Uh, red.
MR. BRENNAN: Sir, did you ever see a missing piece where it was white instead of red?
MR. NAGEL: No, sir.
MR. BRENNAN: Over near the flag pole where you saw this SUV, did you see any human being, any person lying on the ground near the flag pole?
MR. NAGEL: No, sir.
MR. BRENNAN: When you drove by the SUV, you said you couldn't see past the woman. Could you see inside the SUV when you drove past?
MR. NAGEL: Repeat yourself.
MR. BRENNAN: When you drove past the SUV, you saw a woman in the driver's seat.
MR. NAGEL: Yes, that is correct.
MR. BRENNAN: Um, you didn't see anybody else?
MR. NAGEL: No.
MR. BRENNAN: Do you know if anybody else was in that SUV?
MR. NAGEL: Could have been.
JUDGE CANNONE: I'll allow it.
MR. NAGEL: It could have been.
MR. BRENNAN: From when you were driving by the SUV and you could see inside the driver's seat and saw the woman, could you see on the other side of the SUV if there was anybody standing on the other side of the SUV?
MR. NAGEL: No, sir.
MR. BRENNAN: Was there anything obstructing your view as you drove by and saw the woman to prevent you from seeing on the other side of the SUV?
MR. NAGEL: The woman and the vehicle itself.
MR. BRENNAN: You mentioned that there was a dome light on in the SUV.
MR. NAGEL: Yes, sir.
MR. BRENNAN: Was the driver's side door open?
MR. NAGEL: No, sir.
MR. BRENNAN: As you drove by?
MR. NAGEL: No, sir. It was closed.
MR. BRENNAN: Can I have exhibit 16, please? Did you ever see this man at any point?
MR. NAGEL: No, sir.
MR. BRENNAN: Oh, sorry. Did you see this man walking across the yard, going to a door, or entering the house the entire time you were there?
MR. YANNETTI: Objection.
MR. NAGEL: Uh, no, sir. I've never seen him.
MR. BRENNAN: Oh, I'm sorry. Sorry about that. Sorry. Could you take that down, please? And after you left, you never went back that night, did you?
MR. NAGEL: No, sir.
MR. BRENNAN: Thank you.
MR. YANNETTI: Just briefly, um, on those issues, sir. Um, you just testified on cross-examination before Mr. Brennan stood up again that you saw that the passenger seat was empty. Do you remember that?
MR. NAGEL: Uh, yes.
MR. YANNETTI: You're not changing that testimony?
MR. NAGEL: No, I'm not changing that. No.
MR. YANNETTI: Thank you.
JUDGE CANNONE: Thank you. All right. You are all set, Mr. Nagel. Thank you very much. Your next witness, Mr. Brennan.