Commonwealth v. Read — Trial ArchiveSarah Levinson - Direct/Cross/Redirect
464 linesJUDGE CANNONE: Court is back in session. You may be seated. Do you have your next witness?
MR. BRENNAN: I do. Going to call Sarah Levinson.
JUDGE CANNONE: Oh. Okay. Thank you.
COURT CLERK: administers oath — garbled in transcript; standard: "Do you swear to tell the truth, the whole truth, and nothing but the truth?" I'm sorry.
JUDGE CANNONE: All right, Mr. Brennan, whenever you're ready.
MR. BRENNAN: Thank you, Your Honor. Good afternoon, ma'am.
MS. LEVINSON: Good afternoon.
MR. BRENNAN: Could you please introduce yourself to the jury?
MS. LEVINSON: My name is Sarah Levinson.
MR. BRENNAN: For the court reporter, would you mind spelling your last name?
MS. LEVINSON: It's Sarah with an H and then L-E-V-I-N-S-O-N.
MR. BRENNAN: Miss Levinson, do you mind if I ask how old you are?
MS. LEVINSON: I'm 26. I'll be 27 next month.
MR. BRENNAN: Do you work?
MS. LEVINSON: Yes.
MR. BRENNAN: What do you do?
MS. LEVINSON: I'm a nurse.
MR. BRENNAN: How long have you been a nurse for?
MS. LEVINSON: About four years.
MR. BRENNAN: Before you became a nurse, did you go to school?
MS. LEVINSON: Yes.
MR. BRENNAN: Tell us a little bit about your educational background, please.
MS. LEVINSON: I got my bachelor's at Regis College.
MR. BRENNAN: Do you know a person by the name of Ryan Nagel?
MS. LEVINSON: Yes.
MR. BRENNAN: How do you know him?
MS. LEVINSON: He's one of my good friend Julie's older brothers.
MR. BRENNAN: You mentioned Julie. What's Julie's name?
MS. LEVINSON: Juliana Nagel.
MR. BRENNAN: Are you friends with Julie Nagel?
MS. LEVINSON: Yes.
MR. BRENNAN: To this day?
MS. LEVINSON: Yes.
MR. BRENNAN: Were you with Miss Nagel back on January 28th, 2022?
MS. LEVINSON: Yes.
MR. BRENNAN: I want you to take us back to that day, the earlier evening hours of January 28, 2022, maybe around 5 or 6:00 p.m. Did you have a plan that day?
MS. LEVINSON: Yes, we were — we, as in myself and Julie, were going to Brian Albert Jr.'s house to celebrate his birthday, which was the next day.
MR. BRENNAN: Who was Brian Albert Jr. to you at that time?
MS. LEVINSON: One of my good friends.
MR. BRENNAN: How long had you known Brian Albert Jr. for?
MS. LEVINSON: At that point probably eight or nine years, I would say.
MR. BRENNAN: Did you attend school with him?
MS. LEVINSON: Yes. High school.
MR. BRENNAN: Is that when you met Brian Albert Jr., in high school?
MS. LEVINSON: Yes.
MR. BRENNAN: Who was going to Brian Albert Jr.'s house with you?
MS. LEVINSON: Just myself and Julie.
MR. BRENNAN: Did you have a general plan for that evening other than to visit your friend and celebrate his birthday?
MS. LEVINSON: It was kind of up in the air if we were going to stay there or go somewhere. But we were definitely going and celebrating with him.
MR. BRENNAN: Do you know the address where Brian Albert Jr. lived?
MS. LEVINSON: Yes.
MR. BRENNAN: Can you share that with us?
MS. LEVINSON: 34 Fairview Road, I believe.
MR. BRENNAN: Had you been to 34 Fairview Road before?
MS. LEVINSON: Yes.
MR. BRENNAN: Did you know Brian Albert Jr.'s family?
MS. LEVINSON: Yes.
MR. BRENNAN: Had you met them in the past?
MS. LEVINSON: Yes.
MR. BRENNAN: How often had you met with them before?
MS. LEVINSON: Well, I was friends with him for, like I said, about eight years. So, I knew his older sister, Caitlin, pretty well. We went to high school together, but the younger siblings, I don't believe we overlapped in school. And then his mother I had met, I mean, a good amount of times. And then his father too, I would say.
MR. BRENNAN: How many times would you estimate you had been over 34 Fairview prior to the night of January 28, 2022?
MS. LEVINSON: Over the years maybe like 20, I don't know.
MR. BRENNAN: Do you remember what time you arrived at 34 Fairview Road on that evening?
MS. LEVINSON: It was between 7 and 8:00 at night.
MR. BRENNAN: Who did you go with?
MS. LEVINSON: Myself and Julie Nagel.
MR. BRENNAN: Could you tell us how both you and Julie Nagel got from where you were living, your home, to 34 Fairview?
MS. LEVINSON: Yes. Julie's dad drove us.
MR. BRENNAN: When you first get to 34 Fairview Road, before you walk in the front door, what's the weather like outside?
MS. LEVINSON: It was cold, but it wasn't raining or snowing or anything.
MR. BRENNAN: No snow on the ground?
MS. LEVINSON: No.
MR. BRENNAN: When you walked in the door, did you go in the side door or the front door?
MS. LEVINSON: The side door.
MR. BRENNAN: Okay. Take us through walking into the house. What do you see?
MS. LEVINSON: So we walked through the side door and then it's their like family room they call it. With like the TV and everything. And then at the back of the family room is like a sliding glass door out into their porch. And then if you turn left, it's like the kitchen/dining room. And then there's a back door. There's like a small bathroom over like near the back door. And then if you walk straight through, it's the front door, the stairs, the door to the basement, and then they called it like the library — it's like their formal living room.
MR. BRENNAN: If you walked in the front door, would the stairs leading to the next floor upstairs be right in front of you?
MS. LEVINSON: Yes.
MR. BRENNAN: If you were going to go downstairs, would you walk around that staircase to the back side of it?
MS. LEVINSON: I don't believe the back, but the side.
MR. BRENNAN: Okay. You mentioned you walked in the side door near the garage. When you walk in the side door, you're in a living room, did you say?
MS. LEVINSON: Yeah, their family room they call it. Yeah.
MR. BRENNAN: Can you walk into the garage from the family room or do you need to go back outside to get into the garage?
MS. LEVINSON: No, you would have to go back outside.
MR. BRENNAN: So, there's no door in that family room that leads directly to the garage.
MS. LEVINSON: No.
MR. BRENNAN: After you walked into the family room, did you stay there or did you go somewhere?
MS. LEVINSON: We stayed there for a little bit, like 10, 15 minutes probably.
MR. BRENNAN: Tell me who's in the house when you get there.
MS. LEVINSON: It's Brian Junior, his mother Nicole, his sister Caitlin, and then his aunt Julie.
MR. BRENNAN: What do you do?
MS. LEVINSON: I think we were just sitting on the couch hanging out, waiting to see what the plan was, to see like when other people were going to show up.
MR. BRENNAN: Did other people arrive or did people leave before other people arrived?
MS. LEVINSON: Brian's mom, sister, and aunt left before anyone else arrived.
MR. BRENNAN: Do you know generally around what time his aunt and mother and sister left?
MS. LEVINSON: We got there, like I said, between 7 and 8. And they probably left within 20 minutes of us getting there. So, I can't say for sure when his sister and mother and aunt left.
MR. BRENNAN: Was it just a time when it was you, Julie, and Brian Albert Jr. alone?
MS. LEVINSON: Yes.
MR. BRENNAN: Were you doing anything other than watching TV? Were you eating, drinking?
MS. LEVINSON: I don't think we were eating yet because we ordered food later on. But we might have been drinking.
MR. BRENNAN: Tell us what happens over the course of the next couple hours.
MS. LEVINSON: So at some point, probably between like 8 and 9, four other girls showed up. So Courtney Alba came by herself, and then Kathryn Doody, Emily Fabiano, and Mary Kent all came together.
MR. BRENNAN: Are those friends of Brian Junior's?
MS. LEVINSON: Yes.
MR. BRENNAN: Did you know who all of them were?
MS. LEVINSON: Yes.
MR. BRENNAN: Were you friendly with them?
MS. LEVINSON: Some of them. Yes, we were all friendly but not friends.
MR. BRENNAN: That makes sense. So, what's the atmosphere like when the visitors come?
MS. LEVINSON: Celebratory, light, joyful. It was fine.
MR. BRENNAN: Were people drinking alcohol?
MS. LEVINSON: Yes.
MR. BRENNAN: Okay. And at some point, did you order food?
MS. LEVINSON: Yes.
MR. BRENNAN: And did anybody else come at that point? Any other friends or family?
MS. LEVINSON: No.
MR. BRENNAN: Did one of Brian Jr.'s cousins come at some point?
MS. LEVINSON: Yes.
MR. BRENNAN: Is that later?
MS. LEVINSON: Yes.
MR. BRENNAN: So, over the course of the next couple hours, eating and drinking, anything significant happened?
MS. LEVINSON: No.
MR. BRENNAN: Any arguments, any tension, any problems?
MS. LEVINSON: No.
MR. BRENNAN: Was it a positive night?
MS. LEVINSON: Yes.
MR. BRENNAN: At some point, did anybody else come to the house?
MS. LEVINSON: Later on, yes.
MR. BRENNAN: Okay. About what time?
MS. LEVINSON: Around midnight.
MR. BRENNAN: So before midnight it's a group of young people having a party.
MS. LEVINSON: Yes.
MR. BRENNAN: Any trouble?
MS. LEVINSON: No.
MR. BRENNAN: Did the friends of Brian Albert Jr., the four women, did they leave before midnight?
MS. LEVINSON: Yes.
MR. BRENNAN: What time did they leave?
MS. LEVINSON: Between I would say 11 and 11:30.
MR. BRENNAN: Did they arrive and leave as a group or did they arrive and leave separately?
MS. LEVINSON: The three girls that I mentioned that came together, Kathryn, Emily, and Mary all left together and then Courtney left I believe before them, separately.
MR. BRENNAN: I want you to tell us generally where were you spending most of your time that night?
MS. LEVINSON: The eating and the drinking and the party in the kitchen/dining area.
MR. BRENNAN: Is there a table in the kitchen?
MS. LEVINSON: Yes.
MR. BRENNAN: Were you sitting at a seat at that table at that point?
MS. LEVINSON: We were more around the island, but later on, yes, I had a seat at the kitchen table.
MR. BRENNAN: If you're in the kitchen seated at the table, can you see outside?
MS. LEVINSON: Not really. If I looked through the windows above the sink of the kitchen, I guess I could if it was light out, and then the windows like to the front of the house had a little like half curtain — I don't know what it's called — thing on it. So, I could see like above that, but not if you were to walk to the windows in the living room area.
MR. BRENNAN: What area was it? Did you say the half window?
MS. LEVINSON: The dining room.
MR. BRENNAN: If you were to walk to those windows, could you see outside?
MS. LEVINSON: Yes.
MR. BRENNAN: Would you be able to see the driveway?
MS. LEVINSON: Yes.
MR. BRENNAN: Flag pole?
MS. LEVINSON: Yes.
MR. BRENNAN: Street?
MS. LEVINSON: Yes.
MR. BRENNAN: Do you remember the front door — if it was solid or glass?
MS. LEVINSON: They have like a storm door that's glass and then a solid regular door.
MR. BRENNAN: If you opened up the solid door and looked, could you see through the glass door to the front yard?
MS. LEVINSON: Yes.
MR. BRENNAN: At any point, did you have a chance to look outside that night?
MS. LEVINSON: No.
MR. BRENNAN: If you're in the kitchen, can you see where the basement access is?
MS. LEVINSON: Yes.
MR. BRENNAN: Can you see the backyard door?
MS. LEVINSON: Yes.
MR. BRENNAN: You mentioned that the visitors, the young women that came to see Brian Jr., left. After they left, did somebody else come to or arrive at Fairview?
MS. LEVINSON: After they left. Yes.
MR. BRENNAN: And who was that?
MS. LEVINSON: It was Brian's father — his name is also Brian — Mr. Higgins, Brian's mother came back, his sister Caitlin, and then his aunt Jennifer and his uncle Matt.
MR. BRENNAN: If I can just step back a little, before the adult group showed up — did any other of Brian Junior's cousins come to Fairview?
MS. LEVINSON: Yes.
MR. BRENNAN: And who was that?
MS. LEVINSON: Colin. But he showed up before the girls left.
MR. BRENNAN: He showed up before the group of young women left.
MS. LEVINSON: Yes.
MR. BRENNAN: How long did you see him stay for?
MS. LEVINSON: Probably half an hour, 45 minutes.
MR. BRENNAN: Did you get a chance to speak to him?
MS. LEVINSON: Yes.
MR. BRENNAN: Did the mood change at all in the house?
MS. LEVINSON: No.
MR. BRENNAN: When the adults came to the house, do you know about what time that was?
MS. LEVINSON: Around midnight.
MR. BRENNAN: You mentioned that you saw Brian Albert. Is that Brian Albert Junior's father?
MS. LEVINSON: Correct.
MR. BRENNAN: And his mother's name is Nicole. You also mentioned a person by the name of Brian Higgins. Did you know him from before that night?
MS. LEVINSON: No.
MR. BRENNAN: Did you meet him that night?
MS. LEVINSON: Yes.
MR. BRENNAN: Are you now familiar with who he is and what he looks like from that night?
MS. LEVINSON: Yes.
MR. BRENNAN: There was somebody else you mentioned — Brian Jr.'s aunt and uncle.
MS. LEVINSON: Yes. And then his sister.
MR. BRENNAN: His aunt and uncle — what are their names?
MS. LEVINSON: Jennifer and Matt McCabe.
MR. BRENNAN: Did you know Mrs. McCabe from before that night?
MS. LEVINSON: Somewhat.
MR. BRENNAN: Had you ever socialized with her?
MS. LEVINSON: I don't believe so. I knew who she was. I don't know if she knew my name, but I think she knew I was Brian's friend.
MR. BRENNAN: Had you seen her before?
MS. LEVINSON: Yes.
MR. BRENNAN: Was that in relation to spending time with Brian Jr.?
MS. LEVINSON: Yes. I believe so.
MR. BRENNAN: Had you ever seen her or spent time with her outside of Brian Jr.'s presence?
MS. LEVINSON: No.
MR. BRENNAN: How about her husband, Matt McCabe? Did you know who he was?
MS. LEVINSON: I knew who he was, but I don't believe I had ever met him in person before. No.
MR. BRENNAN: Anybody else? Any other adults come with that group?
MS. LEVINSON: No.
MR. BRENNAN: Do you remember who came into Fairview first as far as the adult group?
MS. LEVINSON: Yes.
MR. BRENNAN: Who?
MS. LEVINSON: Mr. Albert, Brian's dad, and Mr. Higgins.
MR. BRENNAN: And who came next?
MS. LEVINSON: Next, I think they all kind of walked in together — Caitlin, Nicole, Jennifer, and Matt.
MR. BRENNAN: Other than you, Julie, and Brian Albert Jr., had the young group left at that point?
MS. LEVINSON: Yes.
MR. BRENNAN: After that group arrived, what happens? Tell us what's happening inside the house.
MS. LEVINSON: So it was then Brian Jr.'s actual birthday. So again, we were celebrating. Caitlin, his sister, was playing music on one of the speakers. And we were all pretty much sitting or standing around the kitchen table, talking, socializing.
MR. BRENNAN: Do you remember what was being played for music?
MS. LEVINSON: Like 70s, 80s type of music.
MR. BRENNAN: I don't want to overstate it, but were you drinking?
MS. LEVINSON: I don't believe I was anymore at that point. No.
MR. BRENNAN: Did you feel impaired at all?
MS. LEVINSON: No.
MR. BRENNAN: As the night went on, was there any problem in the house?
MS. LEVINSON: No.
MR. BRENNAN: Any argument?
MS. LEVINSON: No.
MR. BRENNAN: Any fighting?
MS. LEVINSON: No.
MR. BRENNAN: Anything exciting or controversial in any way?
MS. LEVINSON: No.
MR. BRENNAN: Did you have a plan that you were going to leave with Julie?
MS. LEVINSON: Yes.
MR. BRENNAN: What was the plan?
MS. LEVINSON: She said that her oldest brother Ryan would pick us up and drive us home when he was done wherever he was.
MR. BRENNAN: Did you see at any point before you ultimately left Fairview, did you see your sister leave the h — sorry, did you see Julie Nagel leave the house?
MS. LEVINSON: Yes.
MR. BRENNAN: Did you actually see her go and leave?
MS. LEVINSON: Yes.
MR. BRENNAN: About how long did she leave for?
MS. LEVINSON: Five minutes or less.
MR. BRENNAN: Did you see her come back?
MS. LEVINSON: Yes.
MR. BRENNAN: Um, after she went out of the house and came back in, did the plan change about a ride home with her brother?
MS. LEVINSON: Yes.
MR. BRENNAN: What was the new plan?
MS. LEVINSON: Um, so a little bit before she went out, um, to talk to Ryan, we were talking, um, myself, her, and then Jen, um, were talking about how we were leaving and Julie's older brother was going to come pick us up, and we were the only ones that weren't like related to the Alberts there. Um, so like Brian's friends um, left. So, Jen was like, "Oh, like don't leave just yet because like we were celebrating Brian's birthday. Um, if you want, myself and Matt can drive you home a little bit later." So, we agreed to that. Um, and then Jen said, "Feel free to invite Ryan inside cuz he was already on his way." Um, so Julie went out to tell Ryan like, "Hey, we're not coming with you."
MR. BRENNAN: Um, but you weren't outside for the conversation, so you just heard this second from Julie?
MS. LEVINSON: Yeah.
MR. BRENNAN: So, from what you saw, Julie went in and out?
MS. LEVINSON: Yes.
MR. BRENNAN: For about five minutes?
MS. LEVINSON: Yes.
MR. BRENNAN: Okay. Um, why did you decide to stay? Did you want to stay?
MS. LEVINSON: Um, yeah, I didn't mind.
MR. BRENNAN: Did the night continue after Julie came back in and spoke to her brother?
MS. LEVINSON: Yes.
MR. BRENNAN: Was the mood any different than it had been the entire night?
MS. LEVINSON: No.
MR. BRENNAN: Anything extraordinary or remarkable happen inside that house?
MS. LEVINSON: No.
MR. BRENNAN: After Julie went out and spoke to her — her brother and came back in the house, did anybody else come inside the house other than everybody who was already there celebrating Brian Junior's birthday?
MS. LEVINSON: No.
MR. BRENNAN: Did you ever see another man or woman you didn't know come into that house?
MS. LEVINSON: No.
MR. BRENNAN: At some point, uh, there was a decision that you would leave, I suppose.
MS. LEVINSON: Yes.
MR. BRENNAN: What time do you think you left?
MS. LEVINSON: Generally, between 1:30 and 2 in the morning.
MR. BRENNAN: Do you have a specific time? Did you look at your watch? Did you know a certain time you left?
MS. LEVINSON: Um, no. I believe it was closer to 1:30 because I believe I was home by 2, but I can't say for sure.
MR. BRENNAN: When you left, uh, tell us what the weather was like when you went outside. Was it the same as when you came in?
MS. LEVINSON: No, it was snowing.
MR. BRENNAN: What were the conditions like? Had they changed — the wind, or uh —
MS. LEVINSON: Yes.
MR. BRENNAN: Temperature?
MS. LEVINSON: Yeah, it was colder.
MR. BRENNAN: How much snow was on the ground at that point when you left?
MS. LEVINSON: Um, like I don't know, a dusting, or I could still see like some little pieces of grass like sticking out of it. Um, but it was pretty much like the walkway and everything was white.
MR. BRENNAN: Did you leave by the front door or the side door?
MS. LEVINSON: The front.
MR. BRENNAN: You remember that?
MS. LEVINSON: Yes.
MR. BRENNAN: Was there any type of hazard or difficulty with you walking?
MS. LEVINSON: Um, Julie and I walked out together down like the front stoop stairs. Um, and I remember we were arm in arm. I was wearing shoes that didn't really have traction, so I was looking at my feet. Um, so I didn't slip, and other than that, no real hazard, I wouldn't say.
MR. BRENNAN: Whose car or vehicle did you walk to?
MS. LEVINSON: Um, Jennifer and Matt's.
MR. BRENNAN: Did you get in?
MS. LEVINSON: Yes.
MR. BRENNAN: Which seat did you get in?
MS. LEVINSON: Um, the back seat behind the passenger.
MR. BRENNAN: And where did Julie Nagel sit?
MS. LEVINSON: Uh, the back seat behind the driver.
MR. BRENNAN: Did the McCabes get into the car?
MS. LEVINSON: Uh, yes.
MR. BRENNAN: Who was driving?
MS. LEVINSON: Um, Matt. And then Jen was in the passenger seat.
MR. BRENNAN: Front passenger.
MS. LEVINSON: Uh, yes.
MR. BRENNAN: As you were leaving, was there any conversation or joking going on?
MS. LEVINSON: Yes. So, um, Matt actually forgot his jacket inside, so he went back in. And then um, I believe myself and or Julie turned around just kind of looking um, and we saw a lone loaf of bread in the third row. Um, so one of us said something to Jen about the loaf of bread um, which she had gotten because of the storm. And I believe Jen was turned around looking at us and said something along the lines of, "Does anyone want a peanut butter and jelly?" Joking around.
MR. BRENNAN: Do you remember that moment, having the conversation about the bread?
MS. LEVINSON: Yes. It stands out.
MR. BRENNAN: As you drove out of Fairview, the McCabe vehicle was in the driveway.
MS. LEVINSON: Yes.
MR. BRENNAN: Did it back out or go out forward?
MS. LEVINSON: No. Backed out.
MR. BRENNAN: When it backed out and began to drive away, what side of the vehicle was closest to Fairview?
MS. LEVINSON: Um, you mean the house?
MR. BRENNAN: Yes. Was it — I'm sorry. Was the passenger side of the McCabe vehicle closest to 34 Fairview, the house, or was it the driver's side?
MS. LEVINSON: The passenger.
MR. BRENNAN: When you drove, did you drive towards the flag pole?
MS. LEVINSON: Yes.
MR. BRENNAN: And during those moments when you were — or Mr. McCabe was driving towards the flag pole — was that the time you were having conversations about the bread, or was that a different time?
MS. LEVINSON: That was a different time.
MR. BRENNAN: What was happening as you were driving past that area in front of the house?
MS. LEVINSON: Um, I believe maybe I was on my phone um, and then Julie said um, something.
MR. BRENNAN: Did you ever look out the window near the front yard, near the flag pole area?
MS. LEVINSON: Um, not like at the front yard, but a little ways up the street. Yes. Um, next to 34 Fairview up the street is 32 Fairview, I believe. So, yes.
MR. BRENNAN: When you looked out the window, the first time you looked out the window, what were you facing in relation to 32, 34 Fairview? What could you see?
MS. LEVINSON: Um, there's like a little bit of woods in between the two houses, so it was the trees.
MR. BRENNAN: Did you notice anything that stood out?
MS. LEVINSON: No.
MR. BRENNAN: Ultimately, did you get home that night?
MS. LEVINSON: Yes.
MR. BRENNAN: Thank you. I have no further questions.
MR. JACKSON: Good morning, Miss Levinson.
MS. LEVINSON: Good morning.
MR. JACKSON: Um, you've been longtime friends, as you've described, with Brian Albert Jr., going all the way back to high school.
MS. LEVINSON: Yes.
MR. JACKSON: And that high school friendship has percolated into a friendship into adulthood.
MS. LEVINSON: Yes.
MR. JACKSON: Um, you obviously know — much of the entire immediate family. Brian Albert Senior, his wife Nicole Albert, correct?
MS. LEVINSON: Yes.
MR. JACKSON: You know his uncle Chris Albert?
MS. LEVINSON: Yes.
MR. JACKSON: Uh, you're familiar with his wife Julie Albert?
MS. LEVINSON: Yes.
MR. JACKSON: Um, obviously Brian Albert and his cousins — which, by the way, which cousins are they? Last names?
MS. LEVINSON: Um, do I know? Right. Um, there's the Alberts and then there's the Galvans, the Rearens, and the McCabes.
MR. JACKSON: Okay. You indicated that you've been to the Albert home — 34 Fairview. That's the home I'm talking about.
MS. LEVINSON: Yes.
MR. JACKSON: Um, probably you estimated at least 20 times, correct? Over the years.
MS. LEVINSON: Yes. Over the years.
MR. JACKSON: Uh, and you've known Brian Albert — well, since high school. I mean, in the last 8, 10, 12 years, you've been to the house to and from.
MS. LEVINSON: Yes.
MR. JACKSON: You've never met — or you had never met — going into uh January 29th, 2022, you had never met their dog, had you? Their dog. Their dog.
MS. LEVINSON: Um, I'm not completely sure.
MR. JACKSON: Didn't you testify about a year ago in another proceeding that although you had been um to the Albert home many times, you had never actually met the dog?
MS. LEVINSON: Um, if that's what it says I said, then yes.
MR. JACKSON: Is that because the dog was not really good with strangers?
MR. BRENNAN: Objection.
JUDGE CANNONE: Sustained.
MR. JACKSON: Do you know why you hadn't met Chloe? By the way, did you know the dog's name was Chloe?
MS. LEVINSON: Yes.
MR. JACKSON: Okay. Do you know why you hadn't met Chloe in all those trips to 34 Fairview?
MS. LEVINSON: No.
MR. JACKSON: Just wasn't out and about among the folks that were in the house when you were there.
MS. LEVINSON: Yes.
MR. JACKSON: Um, when you left 34 Fairview, I want to follow up very briefly on a couple of things that you said just before Mr. Brennan sat down under question by him. When you left 34 Fairview to join Jen McCabe at her invitation to take you home, you left through the front door. Correct.
MS. LEVINSON: Yes.
MR. JACKSON: As opposed to the side door. It's a little confusing. The front door has the brick stoop and the stairs. Correct.
MS. LEVINSON: Yes.
MR. JACKSON: Okay. Is that the door that you normally would leave through, or did you normally leave through the side door — come and go through the side door? What was your more ready habit and practice?
MS. LEVINSON: Um, probably the side door.
MR. JACKSON: Okay. When you left through that front door, um, there was nothing obstructing your view as you walked out. Correct.
MS. LEVINSON: Correct.
MR. JACKSON: You could see to the left the driveway. You could see to the right over toward the flag pole. Nothing obstructing anything. Correct.
MS. LEVINSON: Correct.
MR. JACKSON: Uh, there was a light dusting of snow um at that time when you left — just after what time was it? 12:45? 1?
MS. LEVINSON: Uh, probably 1:30.
MR. JACKSON: Got it. Um, so you leave at 1:30. There's still just a light dusting of snow on the ground.
MS. LEVINSON: Uh, yes.
MR. JACKSON: The yard is flat.
MS. LEVINSON: Yes.
MR. JACKSON: You could see all the way out to the flag pole.
MS. LEVINSON: Yes.
MR. JACKSON: You didn't notice anything unusual at that time when you looked out toward the flag pole, walking out of that front door.
MS. LEVINSON: I didn't notice anything. I wasn't looking out at the flag pole.
MR. JACKSON: But yes, you were looking in that direction when you walk out the door. Obviously, you're standing, walking out of the door toward the front yard. Correct.
MS. LEVINSON: Correct. But as I stated, I was looking down at my shoes in front of me.
MR. JACKSON: Okay. Obviously, then you have to — at some point you have to look up to see where you're going. You have to turn left to go to the driveway. Is that right?
MS. LEVINSON: Yes.
MR. JACKSON: Okay. Then you walk over and walk parallel to the yard again to walk over to the car. Correct.
MS. LEVINSON: Yes.
MR. JACKSON: And as soon as you walked out of the stoop, you had to figure out where the stairs were — make sure you don't fall down the stairs, right?
MS. LEVINSON: Yes.
MR. JACKSON: But you're still looking up like normal. Correct.
MS. LEVINSON: At some point, most likely.
MR. JACKSON: My question is, you didn't see anything unusual in the yard, did you?
MS. LEVINSON: No.
MR. JACKSON: The front yard was at least relatively — I I know it was dark out, Miss Levinson. It was relatively lit by the interior windows as well as lights on the outside of the house.
MS. LEVINSON: Yes.
MR. JACKSON: Okay. You indicated that you did in fact get the ride home with Jen McCabe and Matt McCabe. Who brought up giving you a ride home? Was it Jen?
MS. LEVINSON: Yes.
MR. JACKSON: Okay. And she also mentioned it — did she mention it in your presence to Julie as well? About the ride home?
MS. LEVINSON: About the ride home? Yes. In my presence.
MR. JACKSON: Okay. You said that Matt McCabe was driving, but before he got in the car, he realized he had forgotten his jacket, went back in. Correct?
MS. LEVINSON: Yes. I don't know if he had gotten in the car and then got out or he just opened the door, but yes, he was at the car at least.
MR. JACKSON: Yes. So, by definition, he had to have exited — pardon me — the house through the front door as you did to go out to the car the first time.
MS. LEVINSON: Yes.
MR. JACKSON: And then he got to the car, then realized he forgot his jacket, walked back toward the front door, went back in the main door. Correct?
MS. LEVINSON: Yes.
MR. JACKSON: You saw that?
MS. LEVINSON: Yes.
MR. JACKSON: Then, once he retrieved or fetched his jacket, he then walked back out that same front door, down the stoop, looking out over the lawn, and then over to the car. Correct?
MS. LEVINSON: I didn't see him walk back out, but I mean, probably. I don't want to say yes for sure because I wasn't watching him at that point.
MR. JACKSON: Understood. No reason to believe that he would have used a different door. Correct?
MS. LEVINSON: Yeah.
MR. JACKSON: Okay. You're going to hit — just a moment. Okay. You were ultimately contacted by law enforcement to provide an interview. Correct?
MS. LEVINSON: Yes.
MR. JACKSON: That was not until October of 2022. Is that right?
MS. LEVINSON: Yes.
MR. JACKSON: A couple of quick questions about that. Nobody contacted you on January 30th, the day after the incident — the day after you left the house. Correct?
MS. LEVINSON: No.
MR. JACKSON: And when I say nobody, I mean from law enforcement. Nobody contacted you the next week?
MS. LEVINSON: No.
MR. JACKSON: The next month?
MS. LEVINSON: No.
MR. JACKSON: It was nine months later.
MS. LEVINSON: Yes.
MR. JACKSON: When you were finally approached, who was it that conducted the interview?
MS. LEVINSON: A state trooper, Michael Proctor.
MR. JACKSON: Okay. Did Mr. Proctor indicate to you why he waited nine months to contact you?
MR. BRENNAN: Objection.
MR. JACKSON: Let me ask you a different question. Were you confused about the fact that you weren't contacted?
MR. BRENNAN: Objection. May we approach?
JUDGE CANNONE: Okay. [unintelligible] Yes. Thank you.
MR. JACKSON: When you were ultimately interviewed in October of 2022, was that telephonically or was that in person?
MS. LEVINSON: In person.
MR. JACKSON: Were you alone or was there anybody else with you?
MS. LEVINSON: I was alone. You mean like besides the troopers?
MR. JACKSON: Besides the troopers.
MS. LEVINSON: Yeah, I was alone.
MR. JACKSON: And had you prepared for that interview with any person or persons before that interview?
MS. LEVINSON: No.
MR. JACKSON: Had you spoken to anybody — Julie or anybody else — about the potential for being interviewed?
MS. LEVINSON: I believe Julie called me to tell me —
MR. JACKSON: Don't tell me what was said. Did you speak with Julie before the interview? Yes or no?
MS. LEVINSON: Yes.
MR. JACKSON: Okay. And one more question — without telling me any of the words that were used. Was the subject matter the interview? In other words, I'm not asking if you talked to Julie about going and getting the dry cleaning picked up or something like that. Did you talk about the subject of the interview with Julie before you were interviewed?
MS. LEVINSON: Somewhat.
MR. JACKSON: Okay, that's all I have. Thank you.
JUDGE CANNONE: Anything, Mr. Brennan?
MR. BRENNAN: Can I have an exhibit, please? Do you see the windows on that house?
MS. LEVINSON: Yes.
MR. BRENNAN: Do you recognize that house as 34 Fairview?
MS. LEVINSON: Yes.
MR. BRENNAN: You were asked whether there was light coming out of the house illuminating. Do you remember that?
MS. LEVINSON: When I was asked that? Yes.
MR. BRENNAN: Was the light inside the house from your memory illuminating the ground near the flag pole and that fire hydrant?
MS. LEVINSON: No.
MR. BRENNAN: When you came out of the house and went to the car, were you looking at or studying the flag pole area or the bushes or the fire hydrant in that area?
MS. LEVINSON: No.
MR. BRENNAN: Do you have any reason to be looking over there and studying anything?
MS. LEVINSON: No.
MR. BRENNAN: Thank you.
JUDGE CANNONE: All right, Miss Levinson, you are all set. Thank you. And your next witness, please, Mr. Brennan.