Boyfriend Cop Murder Trial – MA v. Karen Read – Day 11

Episode Transcript

(00:01):
If anybody wants candy, I gotit. Jerry is okay, thank you,
Please, you can bring them.You are unneeded, right versus Karen

(00:23):
Reid twenty two Council allow. Goodmorning, morning, mister, good morning.
You're a Laura McLoughlin for the morning. Miss McLoughlin. Good morning,
mister Jackson, good morning, Goodmorning, Miss little Red, morning,
Miss Tianettie, Good morning, MissReid. So, mister Tianettie, I

(00:44):
just wanted to tell you that afterreviewing my notes of the testimony of Katie
mcglofflin, my view hasn't changed,but I will give you a little bit
of leeway with this witness. Okay, I would like to define a partners
all right, the jurors are ontheir way over. I don't think you
need to define the parameters. Whenthere are objections, they on either be

(01:06):
sustained or overworld. Okay, allright, nobody told me that. All
right, why don't you come hereat SIBA and we'll do this good morning.
Jurors did not expect to have youcommitted, have us not be ready,
but I do appreciate your patience withus. I do have those three

(01:27):
questions. Was everyone able to followthe instructions and refrain from discussing this case
with anyone since we left yesterday,Everyone said yes or noted affirmatively. Were
you also able to follow the instructionsand refrain from doing any independent research or
investigation into this case? Everyone saidyes, so noted affirmatively. Where did

(01:49):
anyone happen to see, hear,or read anything about this case since we
left yesterday? Everyone said no?All right? Can we bring this Albert
back in? Is h okay?Kay? Your hand? You slas the

(02:25):
amage here to the court and duringthe case, I haven't heard you the
truth, the culture, and nothingbut the truth. So help you God,
thank you. Excuse than by mhm M good morning help, Good
morning, is Albert. I'd liketo go back to a discussion of Katie

(02:50):
McLoughlin. Okay, yesterday I askedyou a forward question, and that question
was who is Katie Glockam? Doyou recall that question? I do?
You would agree with me that yourresponse was not, she's a firefighter.
Correct. Your response was not she'sa friend. Correct. Your response was

(03:15):
not I've known her for years.Well, I sort of alluded to that
when I said that I've known hersince high school. Right. Your response
was that she was somebody that youknew in high school. Correct. I
said that I went to high schoolwith her and she's my same age.
We graduated the same year. Yeah, so you referenced high school correct.

(03:38):
Yes, all right. You wouldagree with me that you've seen her several
times since high school. Correct.Yes, you have hung out in the
same group with her several times sincehigh school correct. Yes, and you
graduated high school in twenty fourteen.Yes, it is now twenty twenty four

(04:00):
Yes, your contact with Katie McLoughlinhas been fairly consistent over the years in
that it continued at least until twentytwenty one. Correct. I would agree
with that, although it was farand few between. But is that throughout
the years? Yes? Do yousay that because the photographs are in few

(04:24):
between checks sustained? You would agreewith me that there was not a three
year period prior to January twenty ninthof twenty twenty two where you didn't see
Katie McLoughlin at all. Correct,a three year period. I can't say

(04:46):
one hundred percent yes to that,but I wouldn't be surprised if I had
seen her at some point in time. Over the past couple of years and
before johnal Key's passing. Yeah,I seeing her a couple of times.
Does that mean that maybe bumped intoher and said hello? It would mean
that we would be in the sameplace at the same time, not something

(05:08):
that I reached out and invited herto in any way, shape or form.
But you know, again, wehave mutual friends, so I would
not be surprised if I went somewhereand she happened to be there as well.
Okay, And it would have beena surprise to you that she showed
up at whatever place you were atin those three years? Is that your

(05:30):
testimony? No, No, itwould not have been a surprise to me.
I would have known in advance thatKatie McLoughlin was going to be at
the same place that you were inadvance, not necessarily, but in those
three years, checktionting, Is ittrue that only eight months before January twenty

(05:54):
nine of twenty twenty two, youand Katie McLoughlin were at a baby shower
together? Checktion? Do you knowthat? Yes, yes, we did.
You were whose baby shower was it? It was a mutual friend of
ours. What's her name is Alissa? And how many people were at that

(06:15):
baby shower, I can't say forsure. I mean it was Alissa's family
and a bunch of friends. Ican't put a number on it. The
friends all gathered together and took aphoto together with uh, the woman having
the baby shower? Correct chection?I believe so you were in that photo?

(06:40):
Correct? Yes? Who was standingnext to you? I don't have
it in front of me. Ifyou saw the photo, would that refresh
your memory? Yeah? May Iapproach? Yes, I'm showing you what
has been sorry, I'm just goingto identify it as as for identifications for
the record, you're Honora. I'mshowing you what's been marked as. Could

(07:04):
you take a look at that andlook up at me when you're done?
Yes, Having reviewed that photograph,nus Albert, who is standing next to
you? One of my friends ison the left of me, and Katy
McLoughlin is on the right of me. She's right next to you in that

(07:25):
photo. Correct, Yes, sheis. That was in June of twenty
twenty one. Correct. Yes,So if somebody testified that you hadn't seen
each other in three years prior toJanuary twenty ninth of twenty twenty that would
be wrong, right, jection.And with regard to the contact that you've

(07:45):
had with her in terms of groupevents, you would agree with me that
it wasn't just day trips that youtook with her. Correct. Correct,
You've also gone on road trips withher. Correct. I've gone away on

(08:05):
trips that she was with. Ididn't drive with her or go with her
or invite her, but she hasbeen there. Yeah, okay? And
what road trips have you taken overnight? Where you and Katie McLoughlin have been
together since high school? Chession sustainedyou've gone to Maine with Katie McLoughlin,
have you not, Jecktion, Sowe need a time for mistery and Edny

(08:28):
not just sure? Ye ago,since since high school you've gone to Maine
with Katie mcgloflin, correct, jesshoh did you go to Maine with her?
I did? And the year wouldhave been like twenty fifteen or twenty
sixteen. If I suggested it wasJuly of twenty sixteen. Would that make
sense? That would sound about right? Yeah? And while you were in

(08:52):
Maine, there were seven of youin a hot tub together. Correct.
Checktion sistained you were in a hottub with Katie McLoughlin in Maine. Correction
sustained Where we approach you on,Yes, you'd mentioned that you'd been to

(09:20):
Maine with Katie McLoughlin in twenty sixteen. Where was it in Maine? I'm
not sure the exact town, right, Probably four hours away. I'm not
sure how long it took to getup there. It wasn't ten minutes away,
no, And it wasn't a halfhour no, all right, it
was more than two hours? Correct? Maybe? And you drove? Correct?

(09:45):
Yes? How many days did youspend in Maine? I'm not sure?
Maybe two? All right? Soyou were up in Maine over a
weekend, yep, with Katie McLoughlin. Correct, Yes, as well as
a bunch of other Oh, ofcourse. But the answer to my question
is you were with Katie McLoughlin.Correct, insistent. How many times have

(10:09):
the two of you been to thebeach together since high school? Jesson?
Do you know if you can answerthat? Go ahead and answer. I
know that we have been to abeach together, but I don't know how
many times I would I could guess, no, guess. Next question is
changing at a beach? Does thatmean that the two of you only go
to one particular beach. No,you've gone to multiple beaches with Katie McLoughlin.

(10:33):
Correct, Not that I can remember. I can't remember how many times.
I have one memory, but Ican't say for sure how many times
I've been to a beach with KatieMcLoughlin. If I showed you a photograph
of the two of you on abeach together in bikinis, would that refresh

(10:54):
your memory? Jection, Christine Adi, you can show her a photograph,
thank you for the problem. Yes, again, I'm showing you S for
Identification one particular photo in S.If you take a look at that and
look up at me when you're done, is that in my fresher memory?
Yep, that particular photo that Ishowed you from S for Identification. What

(11:22):
beach was that? I don't knowthe name of the beach. I believe
that somewhere in the cape. AndKatie McLoughlin is in that photo. Correct,
Yes, along with a bunch ofother friends. Of course there are
other friends. But mister Tian Eddy, please no more. Of course,
of course your on with regard tothat photo. Once again, you are

(11:50):
right next to Katie mcgloff were You'renot right in the back of her,
She's in front of me. Yes, And the mutual friends that I already
said that we have are also inthe photo. Of course, let me
ask you that Jon is a goingto strike that. Of course. Has
anybody in this courtroom today asked youabout the other mutual friends who were there?

(12:13):
Did I ask you today whether therewere other mutual friends in that photo?
Checktion assistent you added that to youranswer. Correct, Jacks, can
you answer that? Yes? Whoare your college roommates? I? I'm
sorry I didn't hear the question whowere your college roommates? Oh? Assistaned?

(12:39):
How many college roommates did you have? Jacktion assistaned, fair to say
that Katie McLoughlin has been with youand your college roommates. Yes, when
was that twenty fifteen? Twenty sixteen? And there were two college roommates that

(13:03):
you and Katie mcglafain who went Ihad multiple college roommates at that time,
and two of them were the mutualfriend that Katie and I share. And
in fact, there was an occasionwhere the you were in a kitchen with
your two college roommates and one otherperson. Correct. Checktion need a time

(13:24):
frame or something, Mistine, Eddy, Well, that was around twenty sixteen,
was it not? That sounds aboutright? Yes? And do you
recall which college roommates though you were? Checktion assistin and someone took a photo
of you, your two college roommatesand one other person. Correct, checktion

(13:46):
assistained in twenty sixteen, jection assistained, may we approach? Okay, yes,

(14:07):
showing you another photo from s foridentification, ma'am, look up at
look at that, and look upat me when you're done. Who's in
that photo? Myself, two ofmy college roommates in, Katie McLoughlin.

(14:28):
Okay, So Katie McLoughlin's the onlyone in that photo who's not one of
your roommates? Correct? Yes?And was this a situation where she just
showed up unexpectedly like all the othertimes you had no idea she was going
to be there? Asked the questiondifferently that it's sustained in the did you
expect? By the way, whosekitchen is that? It was the college

(14:50):
house that I lived in your kitchenthe house we were venting. Yes,
you lived in that kitchen. Yes, And Katie mcgloughlin's in your kitchen.
Yes, who invited Katie that day? The two mutual friends that I lived
with. Certainly you didn't invite Katie? Correctly, I did not because you're
not close friends with her at all? Correct? I am not. In

(15:13):
fact, you don't really like hervery much? Do you check out?
Assist? You guys were teammates onthe track across country team back in high
school. Correct? I don't recallthat. Actually we could have been.
I'm not sure. I may approachyes once again in place S for identification

(15:39):
before you, mam, if youlook at the first page and then the
second page. Yes, having reviewedthose two pages, does that refresh your

(16:03):
memory about your teammate Katie McGlothlin.Yes, it does. And you certainly
were teammates in high school? Correct, Yes, And you would agree with
me that that relationship continued in termsof your contact with her all the way

(16:26):
up through twenty twenty one. Correct. Yes. I would offer the photos
that are in S for Identification asfull exhibits in this trial at this point
objection the objections, you should putthose back up with the clerk Christianity.

(16:53):
Now, you testified that you knewBrian Higgins prior to January twenty ninth to
twenty twenty two. Correct. Yes, you knew him as a good friend
of your father's. Correct. Yes. He arrived at thirty four Fairbe Road
to your parents' home on January twentyninth of twenty twenty two after you got

(17:14):
there. Correct again, I yes, because me and my parents were the
first ones inside from what I remember. Did you see what Brian Higgins proved
to get there? I did not. You did not see where he parked
his vehicle. I did not.At some point you saw him inside the
home correct, yes, and hemade it into the kitchen and dining room

(17:36):
area where you were correct. Yes, you will agree that at some point
Brian Higgins and your father, BrianAlbert, left that area to go to
another room. Correct. Yes,So it's fair to say there was at
least some portion of the night whenBrian Higgins and your father were out of
your field of vision. Correct.I don't agree with that because the room

(18:00):
that I had seen them go intohas an open doorway and you can see
right into the family room that theywere in, so I could actually see
them in there. Gotcha. Howlong were you there when Brian Higgins and
your father Brian Albert were there insidethe family room. I'm talking from that
that whole night when you're at thirtyfourth Fairview. How much time lapsed between

(18:25):
the time you first saw Brian Higginsand Brian Higgins left the residence. I
can't say for sure. If Ihad to estimate, I'd say an hour
and a half, And so yourtestimony before this jurey is for that full
hour and a half. There wasno time when Brian Higgins and your father,

(18:47):
Brian Albert were out of your fieldof vision, not that I can
remember now. Earlier that evening onFriday, January twenty eighth, you made
plans to go out with your momHole Albert, your aunt Julie Albert,
and your boyfriend Tristan Morris. Correct. Yes, from the beginning of that
night, the plan was for Tristanto go home early. Correct. Yes,

(19:11):
and that was because he had toget up early to plow or shove
correct. Yes, he had toget up really early. Correct. Yes,
the plan was for him to shovelor plow at three am. He
was from what I recall, hewas on standby for like three It could
be it could have been any timeafter that. Oh, I said,

(19:33):
so, it could have been thathe had to get up at three or
maybe a little bit later. Correct. Yes, And it was for that
reason that when he was at awaterfall with you, he only had a
couple of drinks. Correct from whatI remember. Yes, And from the
beginning of the night, you knewthat it was going to be ify as

(19:55):
to whether he would be able toget much sleep at all. Correct,
It wasn't really something discussed. Well, the reason he was going home early
and only having a couple of drinkswas to see if he could catch some
sleep before what would be a verydifficult work morning. Correct. Yes,

(20:15):
And you knew that in order forhim to get any sleep, he couldn't
stay at the waterfall very long.Correct. Yes, and that's why he
left early. Yes, he wenthome to rest. We didn't speak about
whether or not he would be sleeping. I wouldn't shock you if he tried
to go to sleep. No,it wouldn't. No, it wouldn't.
You stayed believing that Tristan was goingto try and rest and sleep. Correct.

(20:38):
Yes, And the plan when heleft you was that you wouldn't see
him again until after he was donewith his following that morning. Correct.
That's incorrect. Okay, So isit your testimony that the plan from the
beginning was that Tristan was going todrive from Canton to Easton and get some

(21:04):
rest and then drive from Easton toCanton to pick you up so that he
could take you back from Canton toEaston. That was the plan. It
may not have been set in stone, but it was definitely spoken about,
and then that's what ended up happening. Yes, have you ever told anyone
that before, missus Albert, thatthe plan from the start of the night,

(21:29):
whether the Triptan was going to makefour trips total from Canton to Easton,
Easton to Canton, Canton to Easton. Have you ever told anyone that
before? I don't remember if Imentioned that to anybody. That was the
first time you've ever said that,just now before this jury. Would you
agree with that? I believe so? Almost two and a half years after

(21:51):
January twenty ninth, correct, correct? Isn't it true that you decided at
one forty five in the morning thatit was important for you to get home
at one five? Around that timeis when Tristan picked me up. A
little bit after that, but Ididn't want to get snowed in at my
parents' house. It was important foryou to leave thirty four fair to you?

(22:14):
Correct. I wouldn't say important,but it was something that I wanted
to do. Yes, it's importantenough for you to leave, correct,
Yes, And you made the decisionto have Tristan drive from Easton to Canton
to pick you up. Correct?Yes? How far is it from Easton
to Kenton? From our apartment inEaston to thirty four Fairview Road is about

(22:38):
eighteen nineteen minutes? Okay, andthat's when there's not a snowform on the
side. Correct. Correct. Ofcourse, in a major snowstorm, you
certainly can't drive as care free asyou can when you're driving in good road
conditions. Correct. Right, Andyour boyfriend was making that trip multiple times
that night, correct? Yes,Tristan picked you up at one forty five

(23:02):
am. Did you bring Chloe outof the house with you to take to
your apartment? No? Okay?On January twenty ninth of twenty twenty two,
you were there at your parents' housefrom around midnight until about one forty
five, about a little bit afterone forty five, yes, okay.

(23:25):
And during that span of time almosttwo hours, you never saw anyone pull
up outside correct. I personally didnot. No, and you personally did
not look out the window either.Correct. No, I did not,
and you personally never heard anything outof the ordinary outside correct. That is
correct. Right. You never heardany yelling correct. That is correct.

(23:47):
No screaming correct, nothing smashing intoanything else correct, No revving of tires
correct, till noises outside correct,nothing attracted your attention. Correct. You
never saw any vehicle backup lights correct. You never saw any red lights outside.

(24:07):
Correct. You heard zero evidence ofanything that would lead you to conclude
that there have been some type ofcar accident outside chection sustained. You can
ask it differently, misstanding you didn'thear a car accident, checktion, ask
it different When you left thirty fourFairview at one, which door did you

(24:30):
use? I think I walked outthe front door and the front door.
Could I have a six days withthe court's permission made that Monty. Do
you recognize Exhibit sixty six as beinga depiction of your house? Yes,

(24:53):
the front door to your home.There are actually two of them. Correct,
Yes and wh But when you saythe front door, you're referring to
the door that's lit up in thatphoto. Yes, check that out on
the screen. I'd like to askyou some questions about what you saw or

(25:14):
didn't see within the first couple ofseconds while you were stepping outside, coming
out the front door of your house. You would agree with me that your
parent's front lawn is directly in frontof you. Correct? Yes, By
that time snow had started to accumulateat one five am. Correct, yes,
against that white snow. Did yousee a black baseball cap? I

(25:37):
did not. As you stepped outof the house. Did you see a
black sneaker? I did not.Did you see forty five pieces of red
tail light plastic? I did not. Did you see one piece of red
tail light plastic? I did not. Did you see a six foot two
man on your parents' front lawn infront of you? Jaction? Did you?

(25:57):
I did not. You saw nothingunusual on that front lawn of your
parents' home, did you? Idid not. Now, Tristan had parked
in the driveway, correct. Ibelieve so. When I say Tristan,
I'm referring to Tristan Morris, whowas your boyfriend. Right. Yes,
as you face the house, thatdriveway is to the right, correct yes.

(26:19):
And as you're coming out of thehouse the driveways to the left,
which makes sense, right, Yes, Where in the driveway was Tristan Morris
parked? I don't remember if hewas on the left side. My guess
would be the left side of thedriveway because that would have been closest to
me walking out of the house,But I can't say for sure exactly where
he was parked in the driveway.In any case, you walked to his

(26:42):
vehicle, correct, Yes, Andactually, when I say his vehicle,
is actually your vehicle? Right?Correct? That was the jeep that you
had at that time. Yes,And as you were walking to that vehicle,
you would agree with me. Therewere no obstructions between you and your
parents' front lawn correct. Correct.And as you were walking to that vehicle
again, no baseball hat, nosneaker, no pieces of red tail light,

(27:04):
and no six foot two man didyou see on your parents' front lawn?
Correct? Correct? And there wereno strike down after you got into
the vehicle. You got into thepassenger's side, yes, because you had
been drinking that night, correct,Yes, And it wouldn't have made sense

(27:26):
for you to drive home to easterncorrect. Correct. So Tristan Morris backed
his or your jeep out of thedriveway correct. Yes, And the tail
end of that jeep when he backedout would have gone toward Cedar Crest correct.
Correct, which would mean that thecar was now facing toward the chop

(27:48):
on the street side. Correct.Yes, And that would mean that your
jeep, being driven by Tristan,would have drive been directly by your parents'
full property line. Correct. Correct. And you were on the passenger side

(28:10):
of the car correct Correct. Thepassenger side was closest to your parents' front
lawn as you were driving away,correct, yes, And you drove past
the front lawn correct, Yes,you drove past the flagpole correct. Yes.
And in all that time from whenTristan Morris pulled out of the driveway

(28:32):
and drove right by your parents' frontlawn, you never saw anything of the
things that I previously asked you about. Correct. I did not, But
I also was not looking You sawno baseball hat, no sneaker, no
pieces of red plastic, and nosix foot two man correct. Correct.
But I also was not looking outmy window. Okay, let me ask

(28:55):
you this. Did anybody in thiscourtroom ask you if you were looking out
your window? Jectionari As sustained thatwas an answer to a question that nobody
asked you. Correct jection As sustained, Now at this point you would agree
with me that you've essentially circled yourparents' front lawn. Right, Yes,

(29:15):
Yeah, you came out the frontdoor and we're facing the front lawn correct.
Correct. Then you're walking to theleft, which means that the front
lawn is to your right correct correct. Then you're backing up out of the
driveway, which means the front lawnis still to your left correct correct.

(29:36):
And when Tristan pulls the car,sets that the when Tristan Morris pulls the
car sets that, the car isnow operating parallel to your front lawn.
Now the front lawn's to your rightcorrect correct. And with regard to all

(30:00):
of that time that you were circlingthat front lawn, you never saw anybody
or anything out of the ordinary onthat lawn, correct. I did not.
And you also didn't see any tiretracks in the snow, did you
not? That I can remember themoment, yes, a question say okay,

(30:30):
yes, sure m good morning,and catching back to you. Yesterday
you were asking questions about according properis that right? Yes, And you
were asked about whether or not youmet our kids, and you said,

(30:52):
once you find that. From whatI can remember, I think I forget
exactly where I was. But myaunt Julie Albert had pulled up in her
car and I was talking to her, and she had had the two kids
in her back seat. I thinkshe may have been babysitting them. I

(31:12):
didn't ask for specifics, but sherolled down the back window and that's when
I met the two kids. Andthat was it. How many years ago
was it? I can't say forsure, but definitely like two or three
years ago. Maybe the one timewhen we actually to a car for a

(31:33):
couple of minutes years ago. Yes. Had you ever met Michael Procter prior
to the day that he came inthat he conducted an interview with you?
Never now, as you were walkingneat the house, your testimonies that you
saw Paul and Albert walking out ofexact correct correct o, getting too much

(31:56):
into it. As far as photographsof you want a high tracks and that
that would have been some time priorto your graduation in twenty fourteenth correct,
Yes, And about how many peoplewere on your track sing over thirty maybe
about thirty now, when you wereat the house at the fourth Airvy Road

(32:16):
on the early morning and twenty ninth, your father, Ryan Albert, and
Ryan Higgins were out of the roombeing the kitchen and a dining year for
some period of time correct? Correct? And about how long period of time
are we talking about? Minutes?I would say at most, maybe like
five minutes at most. Now.It was shown a growing essentially in Exhibit

(32:40):
sixty six of your parents' house atthirty fourth Avy Road up on the screen
just now. Yes, have youever seen that before? That exact photo?
I don't believe so you know whetheror not that was even a photo
or would you be surprised if thatwas some sort of wallring or rendering of
the house. Yeah. I can'tsay for sure where that came from or

(33:05):
what it is. I don't believeI've seen it before. Could you rephrase
the question? Sorry, that's fine. My other question is did you happen
to notice in that particular drawing thatthere were lights on near the front door
and lights on near the garage.Do you call that I did notice that,
Yes, recall whether or not thoselights were on or those lights even
exist at the time that you wereexiting the house on January twenty eighth,

(33:28):
I don't recall. Yeah, Ican't say for sure if those lights were
on. Now you were asking questionsabout exiting the house and coming over to
Tristan's park, getting in you're partof the Tristan's riding, and then backing
out of the driveway and driving away. At any point in time, did
you look over to the unlit areaon the left side of your parents property,

(33:52):
near the black bult objection to objectionform of the question different things to
me when you walked out the frontor where was your attention directed? When
I walked out the front door,I recall somewhat looking down, trying to
make sure I didn't slip. Theground was completely covered with snow at that
point, and then my direction wastowards Tristan's car, so to the left.

(34:19):
Then once I got in the car, I was turned again to the
left, speaking with him for themajority of the first couple of minutes of
our car ride back home to Easton. Now, so when you exit the
door, the come on to thebrick steps, correct, Yes, brick
steps are covered in snow at thatpoint. Yes, you call what you
were wearing on your feet at ahigh heels lass. I think I had

(34:42):
high heel like boots on something ofthat nature. You're walking down the brick
steps that are covered in snow inhigh hill boots direct. Yes, and
then you're walking over to your carand getting in the passenger side correct.
Yes. And at any point intime did you, at any point in
time in any of the sequence,have any reason to look over to the

(35:05):
front yard area of your parents' homein the area of the platform. I
did not. When you get inthe car and you're driving away and you're
talking to Tristan, is that correct? Yes? And so Tristan is driving,
you're in the past and site.Is that correct? Yes, you're
looking at him, but away fromthe front lawn as you're driving right,
Yes, nothink for briefly jes Okay, maybe you just setified that the one

(35:31):
time that you saw Courtney Broctor's kids, they were with your aunt Julie Albert.
Correct. Yes, And you justpacified that that was about two or
three years ago. Correct. Thatwas an estimate. I can't say for
sure, but yes, it wasn'tten years ago. No, two or

(35:52):
three years ago to right now.It's May fourteenth of twenty twenty four.
Two years ago, would be Mayfourteen of twenty twenty two. Yes,
three years ago, it would havebeen May fourteen to twenty twenty correct,
correct? I think correct? Okay, you are all set, Miss Albert,

(36:13):
thank you, mister Lally. Whois your next witness Yas you're on
the call, wall Commist Tristan Morristo the stand says, watch you step

(36:47):
right there. Thanks, you're righthere. You always go the other stee
recording during the case. Then hereshould truth the whole trip and nothing but
the true soldy got I do?Thank you can take the station. Okay,
whenever you are ready, mister Lalley, good morning, Hey you morning

(37:10):
sick, good morning. Could youplease stay your name and start your last
name? Tristan Mars Mars m Or riis and miss Morris, where do
you live in Easton? And who, if anyone you live there with?
Kitlyn Albert? And what is arelationship with Kayleen al She's my girlfriend?

(37:30):
And how long have the two ofyou been together? Roughly eight years?
And with respects, Well, letme ask you this. Do you work
so? Yes? I do?What do you do for I'm a union
pipe fitter. And how long haveyou been doing that? Six years?

(37:52):
Now? If I could turn yourattention to the evening of January twenty eighth,
twenty twenty two, the following earlymorning twenty nine, you recall that
thing early morning of the twenty ninth, Yes, yes, I do.
And do you recall what days ofthe week those for Friday and Saturday?
I believe. And on that particularFriday, what if any plans did you

(38:13):
have yourself? And you broke myCaitlyn out? For me, it was
just an ordinary day. I wentout and I met them for a drink
and about what time I'm going toask you keep your voices, okay,
So you indicated you want to meetthem? Who was them? My girlfriend
Caitlyn? And that's all I remember. And do you recall where that Where

(38:36):
was that you went? Waterfall Barand Grail that's somewhere that you and Caitlyn
had been to before, Yes,multiple times. And do you have any
idea what time that was on thetwenty eighth? I don't recall. And
do you recall if anyone else wasthere? In additional self and you girl,
Kitlin, No, I do notrecall whether or not either of their

(39:00):
parents were there. I don't remember. You're familiar with their parents? A
second, yes I am, you'refamiliar with their families, right, Yes,
I am. And if you werecalled about how long was it that
you were at the waterfall day?I couldn't estimate, but it wasn't that
long. And wasn't that long?Why? What? What was it that

(39:21):
paused you to leave that night?Later that night I had to go plow.
I was supposed to wake up prettyearly. And as far as plowing
is, that's something that you dosort of on the side on a fairly
regular basis, or yes, whenI can do it, I do it.
It's extra money. And how isit that? What if any relationships
you have in a company that youdo any sort of plowing to show up?

(39:44):
It's my landlord's company. And isthat when you say plowing? Is
that sort of residences, businesses orsomething else? All of those residence houses
anything? Businesses could be any ofthem. It could be a commercial parking
lot. Could the pondo could bea business park? Any of those things?
Correct? And about what time wasit if you know that you were

(40:08):
suppose to sort of be ready oron hall to go out, So we
were waiting for the snow. Ijust had to be on call for three
to four in the morning, justhave my phone and stand by and be
ready to go, just how italways is. And so when you left
were when you went to the waterfalland canyon at that time? Was it
snowing? I don't believe so.And when you left the waterfall to go

(40:31):
home, why did you went hometo rest for that Thursday? Yeah?
I needed to sleep, yes,And when you left the waterfall to go
home to the east and to getsome rest or to get some sleep,
was it snowing at that point?I don't remember. And at some point
prior to you going out and eitherpowering or shoveling early that morning, well,

(40:54):
if anyone was contacted, can yourepeat the question please? After you
went home to rest or get somesleep? Well, first of all,
were you able to get any sleepbarely? And while you were home in
Easton? Who if anyone was reachingout? Yes, my girlfriend and so

(41:15):
your girlfriend Caitlyn, was it callingtext thing? How was she reaching out?
If your call? I believe both. And about what point in the
evening did you start to get callsor text from that I don't remember.
And at some point based on thosecalls and text what, if anything can
you elaborate At some point did youleave Eastern and go back to Canada?

(41:37):
Yes? I did? And doyou have any recollection of when that was
over the course of the evening orthe Rlin moy No, I don't remember
a time and in relation to whenyou got let me ask you this.
As far as the calls and thetext to receive from your girlfriend Caitlyn,
was that something? Was that oneor two? Or were they repetitive?

(42:00):
There was a couple of different texts. Yeah, and over the course of
about how long period of time?Was it all within a couple of minutes
or half hour hours if you Idon't recall. And after receiving those you
went to somewhere in Canton correct?Yes? And where did you go?
Thirty four faur Ruar Road. Areyou familiar with that address? Yes?

(42:22):
I am, and familiar with itbecause at some point during the time of
Caitlin were dating, before you movein together, you she lived there correct?
Correct? And about how long adrive is that from where you live
in Easton to thirty fourth Growth twentyone to twenty five minutes, I would
say, And do you recall whatvehicle you were driving on that occasion?

(42:46):
I do. I was driving awhite cheap Cherokee. And whose white cheep
Cherokee is that? And did youhave a vehicle at that time? I
did? What kind of vehicle didyou? I believe it was a Ford
Fusion fairly older fourth usual twenty twelve. Yes, And so why was it
that you took the girlfriend to Cherokeeversus your older fourth Roe? It drives

(43:09):
way better in the snow. Andso when you left your apartment in Easton
to drive to a thirty fourth Fairviewand Kim, was it snowing at that
point? It was? Can youcome Paul Ford one second? Chs T
and Eddie? Can we thank you? Go ahead? So I'm sorry.
So when you were driving from Eastonto Canton it was snowing. To recall

(43:32):
how much snow had come down atthat point, I don't recall. And
what, if anything, do yourecall about sort of the snow that was
on the ground in relation to howyou drove from east into camp I was
very cautious. I was ten andtwo the whole time. And when you
arrived at thirty fourth Fairview. Wheredid you park? I don't remember you

(43:52):
were called whether you park on thestreet or the driveway or no, I
don't know. And when you arrived, what if any thing did you communicate
to to cable? I just toldher I was here. Was that through
a text or a call? Ifyou know, you pull up at some
point, park somewhere, text heryour correct yes, and at some points

(44:17):
she comes out of the house.Is that correct? Correct? Did you
ever get out of the car orgo up to the house or going side
of the house or anything like that? No, I did not. And
how much time was it between thetime that you texted her that you're here
to the time that she came out? I don't remember. Was it a
long time or anything like that?No, it wasn't. And when she

(44:38):
comes out? Would do you acall sort of where within the front of
the house she came out? No, I don't remember. You're familiar with
thirty four fav years though, correct? I am. There's a couple of
different doors on the front of thehouse. Is that correct? That's correct?
But you don't real call specifically whichdoor she came out of. No,

(44:58):
I did not. And when shecame out she came over to the
car. Correct, Correct, shegets in. Which part of the car
did you get in the passenger passenger? Front passenger? And at some point
you're leaving from thirty fourth fair ofyou when you're going back to the correct
correct? Was there any sort ofdelay or any sort of long period of

(45:21):
time that you were in the carin front of the house after Caitlin gets
in the car. No, Soessentially she gets in and then you pull
away, correct. And when youpull away from the house, where you
call which direction you went into togo back to these I went up Fairview
Road, and so up Fairview Roadwould be sort of heading towards Chats Is

(45:44):
that correct? Yes? And soas you're going by the house, which
side of the vehicle would the housethe driver's side of the vehicle of the
passengers? Can you repeat that,as you're going by the property of thirty
fourth fair of view road, ofthe g that you were driving was facing
thirty fourth fair of your road withthe left side or her side, My

(46:05):
side would be facing the street fromcoming down, my side would be facing
the left side. And what I'masking is, when you're driving away away,
Yes, the passenger side would befacing her house and as you were
coming there, would it be thedriver's side and your side that was facing
the house if you recall which wayyou came. I don't recall. But

(46:25):
as you were leaving the house eightlentsside of the passenger side will be facing
the house correct? Correct? Andas far as the snow that's coming down
as you're driving away, what ifanything did you have to do with regards
What if anything did you do withregards for the vehicle? Did you turn
anything on or anything as you weredriving? No? I did not.
So did you have a defroster on? Yes? Did you have winter your

(46:49):
wife was on correct? So thesnow was coming down at least at a
pace that you had the wins yourwife was on correct. Yes. And
during that drive specifically on Fairview Road. But at any points during your drive
to Fairview and from Fairview do yourecall anything as far as how the roads
work, where they treated and youblows out anything like that, I don't

(47:14):
recall, And I have one momentnow, yes. Now, as far
as when Caitlin gets into your car, how would you describe her? Janina
normal as always, nothing out ofthe ordinary that you observe. Absolutely not.

(47:36):
She gets in the cars. Ifthey're to say, you guys haven't
seen each other for a couple ofhours. You start talking. Correct,
and so when you're talking, you'redriving, she's in the passing seat.
Is that correct? It correct?And which she's facing you up while you
were talking to her. Thank you, sir. I have nothing for them,
Thank you, Thank you for suremorning. You've been dating Caitlin Albert

(48:04):
for seventy eight years now, correct. The two of you now live together.
Correct? Are you still living inEaston? Yes? How long have
you lived together? For? Threeyears? When you first met her?
Where was she living Canton? Wherein Canton she was living there with her
parents at the time, correct,Brian and Nicole Albert. Yes, you

(48:29):
met her parents, Brian and NicoleAlbert several years ago. Correct. Correct.
You've met all of Caitlin's siblings aswell. Correct. You've spent time
at their house. Yes, You'vespent holidays with them, Yes, and
you've been over there on weekends.Correct. Yes, it's fair to say
that over the last seven or eightyears you've been with the Albert family quite

(48:53):
a bit. Correct. Yes,And you've also been with the McCay family.
Correct. Yes, and even thoughyou're not married, you consider yourself
just about one of the family.Correct. Yes. Since John o'keiths death,
you have continued associating with both theAlberts and the mccays. Correct.

(49:15):
Yes, because you're still dating andliving with Kate. Correct. That is
correct. And in June of twentytwenty two, a few months after John
o'keith's death, you went to NedDivines in Boston with many many men in
the family. Correct. Yes,that includes the Alberts. Correct, yes,

(49:36):
and that includes the mccabs. Yes. Do you recall who was there
that night? No? I don't. I hear your photograph from that night?
Yes, yes, I placed aphotograph before you take a look at

(49:57):
that and look up with me whenyou're done. Yes. Does that refresh
your memory about who was there thatnight? It does? Are you,
by the way, how many peopleare in that photograph? Do you want
an a count with the court's permission? Okay, go ahead and count,
and after you count, let's markthis for identifications twelve twelve people and calling

(50:20):
myself Okay, if I could havethat mark for ID twelve including myself identification,
thank you? You would agree withme, sir that at that night
at ned Divines in Boston, heverybody there was except for you, was

(50:45):
either an Albert or a McKay.Yes, that's correct. And the photo
that you or somebody decided to takewas all of you with your fists clench.
Correct? Did you clench your fiststhat night, Jackson? Did all
of the Alberts and mccaves quenched Jacksonthat night? That photo was posted to

(51:09):
social media? Was it not?Yes? It was, and it was
posted by somebody named Kevin rearm Yes. Who's Kevin Rearmen, my girlfriend's cousin.
He's actually the son of one ofNicole and Julie Albert's sisters. Correct.

(51:36):
Yes, and you've met him aswell, correct? Yes? And
do you recall the date that thatphotograph was posted to social media? No?
I don't. I showed you Zfor Identification again with that first number.
Yes, and having I'll take itback from you. You've got a

(52:04):
chance to look at it. Havingreviewed Z for Identification, Does that refresh
your memoryes to the date of theposting of that photograph? Yes? Were
you aware at that time that everybodywhat date was it? You just showed
me I know, and I'm askingyou to tell the jury it's June fifth,
is dated of twenty twenty two.Were you aware that June fifth,

(52:28):
of twenty twenty two was four daysbefore Karen Reid was indicted for this case?
Checktion? Are the objection sustained?Were you and the Alberts and the
mccabs celebrating the indictment of Karen Reid? Checktion? What were you? No?
Thank you? Thank you? Indeed, you've never testified before any grand

(52:55):
jury regarding this case? Correct?I haven't. You've never testify previously in
any hearing regarding this case? Correct? I haven't. You were at thirty
four Fairview Road in Canton at oneforty five in the morning or about one
forty five on January twenty ninth,at twenty twenty two? Correct? I
don't remember the time. Was itwildly different than one forty five in the

(53:21):
morning or was it somewhat close tothat? I'm not going to make up
a time I don't remember. Wasit nine pm on the twenty eighth?
I don't. I don't remember times. So if I asked you if you
were there to pick up your girlfriendCaitlin at nine pm on January twenty eighth.
You couldn't say if that's true orfalse. No, because I'm not

(53:43):
making up a time. Okay,So it could have been nine PM that
you were there, not one fortyfive in the morning. I didn't say
that. Well, you've just saidthat you can't rule out that it was
actually nine pm on the twenty eighth. Didn't you jack any answer that?
Did you say that? I didn'tsay anything. I don't remember a time.

(54:05):
No, I understand, So I'mnot going to make up a time.
Hold on. Only one person canspeak at a time. I just
I don't It could have been later, It could have been earlier. I
don't know the time, but itcouldn't have been nine pm on January twentyeight,
could it have been I don't know. Okay? What time were you
at the waterfall? I don't remember. Were you at the waterfall? Yes?

(54:30):
It was on what date the twentyeighth? Was it in the morning?
It was that nighttime? Was it? Okay? What time did you
lead the waterfall? I don't remember. Did you leave it five pm?
I don't remember. What could havebeen five pm, if you will,

(54:52):
could have been five in the morning. I don't know. Leaving aside what
time it was or strike? Willyou testify that you were at a thirty
fourth Fairview Road on January twenty ninthafter midnight? I don't remember a time,

(55:17):
but you do remember being there?Correct? At the waterfall? No,
at the thirty fourth fair View.I remember picking my girlfriend up.
Yes, you do, because you'vetestified for that right, Okay? Yes?
And when you were there, youhad an opportunity to see the front
lawn to that property, did younot? Yes, you pulled into the

(55:40):
driveway. I don't remember where Ipulled into. Did you pull into any
place when you got it? Idon't remember where I pulled into? So
you well, you say you don'tremember where you pulled into. That wasn't
my question. My question was didyou pull in any place when you got
to thirty four thirty? Well?I had to pick my girlfriend up,

(56:02):
so yes, I did you did? Okay? Was there any place other
than the driveway to pull into whenyou got to thirty fourth fair View?
No? So I had to bethe driveway, right, must have been
when you pulled into the driveway.You waited a period of time for Caitlin,
correct? Yes? And how longa period of time was that I

(56:24):
don't remember. Was it more thana half hour? No? Was it
more than ten minutes? I don'tremember. It could have been more than
ten minutes. Probably wasn't. Andwhen you say it probably was, if
that means it probably was less thanten minutes. Correct. I don't remember
the time during that time that youwere waiting for Caitlyn to come out of

(56:50):
the house. While you were inthe driveway, there was nothing obstructing your
view of the front horn. Correct. Nope, all right, and shifting
gears for a second. This wason January twenty ninth and twenty twenty two.
Correct. Yes, and ultimately youdid pick up Caitlin and take her

(57:13):
back to Easton correct. Correct.On January twenty nine, at any point
that day or night, Trooper MichaelProctor never interviewed you. Correct. Correct,
Nor did he interview the next dayor the day after that. Correct.
Correct or the month of February correct, correct Or the entire year of

(57:36):
twenty twenty two correct, correct orthe entire year of twenty twenty three correct.
Correct. The first time any investigatorof this case interviewed you was May
seventh of twenty twenty four. Correct. When was that? That was?

(57:57):
One week ago. That was lastTuesday. Correct. You were aware at
the time you were being interviewed forthe first time by any investigator. This
case had already started. Yes,you were aware that this jury heard opening
statements from both council on April twentyninth, which was over a week before

(58:20):
May seventh. Correct. Yes,So it wasn't until over a week after
opening statements that somebody from the statePolice finally interviewed you. Correct. Nobody
from the state Police interviewed me.All right, Who was it that interviewed
you. Nobody interviewed me. Ispoke to the das about coming in here.
That was about it, Okay.I thought you would just testified that

(58:43):
on May seventh. That was thefirst time an investigator reached out for you.
Yes. And when I use theterm interview, I don't mean that
somebody put a bright spotlight on youand took you into an interrogation. Mom.
I'm just asking that somebody asked mequestions. Yes, action, I'll
let it stand, Thank you.Ron. And that interview did not take

(59:05):
place in person, correct, No, it did not. That was a
phone interview correct, Correct, Andyour attorney was on the line for that
correct. Correct. Now, fromthe beginning of the night on January twenty
eighth, your plan was to gohome early correct. Correct, you weren't
drinking much correct. That is correct. You had to get up early,

(59:27):
Yes, and it actually was reallyearly. It could have been as early
as three am. Correct. Correct. So from the beginning you knew that
you weren't going to get much sleep, correct, Yes, And if you
were going to get any sleep,you couldn't stay at the waterfall all night.
Correct. That is correct. Soyou left early, yes, and
you planned to go home, getwhatever rest or sleep you could get,
and then wait for the call togo out plowing. Correct. That is

(59:50):
correct. The plan from the beginningwas not for you to leave the waterfall,
go to east and then drive backfrom Easton to Canton to pick up
Caitlyn and to then take her backto Easton so that you can wait for
the call for plow. That wasnot the original plan right now, it

(01:00:12):
was. No, of course itwas, so I apologize her. I
withdraw that comment. But the planchanged correct, Yes, and that was
because you heard from your girlfriend Caitlin. Correct. Yes. And I'm going
to ask you a question and hopeI get an answer. Do you recall

(01:00:35):
what time it was that she contactedyou. No, I don't recall did
anybody instruct you not to talk aboutany times? Did anything happen? Absolutely
not. How did Caiton contact youthat night? Ted via text, via
phone? And you were in easternwhen she did that? Correct? Yes,

(01:00:58):
she was at thirty four fair Yes. And by the way, the
snowstorm was no surprise to you thatnight, right. No, I mean
that's why you were waiting to plow. Correct. Yes, That snowstorm had
been forecast. Yes, and ithad started snowing by midnight. Correct.
I don't remember when it started snowing, But for some reason, Caitlin now

(01:01:22):
needed to get picked up before youwent plowing. Correct. Yes. That
meant, despite the fact that youhad to get up, potentially at three
am, you now had to makethe trip back and forth between Canton and
easton a second time. Correct.Yes, and you considered it to be

(01:01:45):
important enough that you agreed to pickup cat despite the changing planes. Correct.
Correct all right, Now, whenyou pulled into that driveway, you
at least temporarily parked in the drivewaywaiting for her to correct. Yes,

(01:02:06):
what are the cars were in thedriveway at that time, I don't remember
what side of the driveway did youpark one, I don't remember. After
you parked, you texted Caitlin totell her that you were there. Correct,
Yes, And you previously testified thatyou don't remember how long it took
for her to come out of thehouse. Correct, I don't remember.
And I started to ask you,and I'll just finish that line of questioning.

(01:02:28):
At that point, the front lawnof the house was to your left.
Correct, it would have been,yesked right, And there were no
obstructions between you and the front lawnblock and your view. Correct, I
wouldn't be staring at her grass.So now, okay, I didn't ask
you where you were staring. Iwas just asking if there were any obstructions,
okay, Yeah, And the answerto that question is no. Was

(01:02:52):
snow starting to accumulate at that time? I don't remember. You recall if
there was any snow on the ground. Yes, because I was drive and
cautiously and against that white snow.Did you see a black baseball cap?
Absolutely not. And as you satin that driveway, you also did not
see a black sneaker, absolutely not. And you also did not see forty

(01:03:14):
five pieces of red plastic now oreven one piece. And you certainly did
not see a six foot two manon the lawn of your girlfriend's parents' home.
Correct, No, I did not. You saw nothing unusual in that
front area of the lawn. Correct, No, I did not. Kate,
we got into the jeep. Correct. The plan was for you to

(01:03:36):
drive the jeep back to Eastern Whippercorrect. Yes, you backed out of
the driveway correct. And you turnedthe rear end of that car toward Cedarcrest
correct, not towards Cedarcrest. Iwas going up the hill, So favorite
if I suggested to you that goingup the hill would take it towards Chapman,
does that make sense? Yeah?Okay. And the other end of

(01:03:57):
the street was Cedarcrest right way,yes, okay, So you were at
the rear end of your car wastowards Cedar Crest and you were facing up
the hill towards chat right. Yes, That would have meant that you were
driving your vehicle past really the entirelength of Brian Albert's front lawn correct,
yes, And the front lawn wouldhave been on Caitlin's side of the car,

(01:04:24):
correct. Yes. And you drovepast the flagpole that you're familiar with.
Correct, Yes, And as youdrive drove past that entire front lawn,
you never saw any of the thingsI previously asked you about the baseball
hat, the sneakers, the piecesof red plastic or six foot two men.
Correct, I did not. Yousaw nothing out of the ordinary,
correct? Correct. And you sawno tire tracks in the snow leading to

(01:04:46):
the Alberts front lawn, did you? I did not. You didn't see
anything that would lead you to concludethat there would have been a car crash
there. Correct. No further questionssaying you about the mist just briefly that

(01:05:11):
photograph that you were shown. Doyou know what that was with that gathering
was in regard to No, Idon't now prior to prior to leaving the
waterfall or during the course of anyof the text or phone calls that you
received from Caven, was there anysort of reason that was discussed as far

(01:05:32):
as picking her up and bringing herto Easton before you went off to the
pop. Can you repeat that fromyour discussions with Cavan? What was the
reason that you went back to thirtyfourth fair of you to tick her up
and bring her home? Well,why did you do that she's high maintenance.
I didn't really want to have todo it. She wanted to come

(01:05:59):
home, was that correct? Yes? And did she say why she wanted
to come home? You want toget snowed in? Oh now, you've
testified before that as you were drivingaround that night, you were acostious and
your hands were a tenant too.Is that right? Absolutely so? As
you're driving past your girlfriend's parents' house, was there any reason, was there

(01:06:23):
any reason for you to direct yourattention to the front lawn area of their
home? Absolutely not? I thinkfor the okay you are also, thank
you very much appreciated. Your nextwitness was to yes, you're on the
call, mall for call Miss SarahLevinson to the damp sold slap just watch

(01:07:02):
a step on stay at chasing Clark. There is right here. Scoot the
court and jury and case there here'sthe truth. To hold your nothing but
the truth. So help you God, Thank you to see you have screwed
up and pull down that microphone,talk really loud into it. Thank you
whenever you're ready. Thank you.Good morning man, good morning. Could

(01:07:27):
you please state your name and spellyour last name? Sarah Levinson L E
V I N s O n.And where do you live non Canton?
How long have you lived in camponmy whole life? And if anyone,
do you live in Canon with myparents? Now? Do you work there?
Yes? What do you do forit? I'm a registered nurse?

(01:07:49):
And how long have you been aregister? Three years? Now? Man?
If I could turn your attention tothe evening of jam Anuary twenty eight,
twenty twenty two into the early morningof twenty ninth, do you recall
those days? Yes, you recallwhat days of the week. Friday was

(01:08:09):
the twenty eighth, Saturday of thetwenty ninth, and as far as that
evening of the twenty eighth, whatif any plans did you have for that
agent? My plans were to goto my friend Brian's house for his birthday
celebration. And so your friend thatwould be Brian Albert? Is that correct?

(01:08:30):
You know how we'll return for birthdaytwenty three? And how how long
or how did you know Brian AlbertJunior? Event we met in high school.
He's the grade below me, soI would say now it's been about

(01:08:51):
ten years, so about eight andthat his house was star as Thurday.
Had you been there before? Yes, twenty of times? Is that yes?
And on that particular evening, howwas it that you came to be
there? How did you get?My friend Julie's father drove us, and

(01:09:15):
your friend Julie is at Julie Nagelcorrect? And yourself and Julie Nago?
How long have you have you knowneach other? Middle school? So a
little bit longer than how long I'veknown Brian for And you and miss Nagel
were you in the same grade together? Yes? And so her father drives
you from your house, picks youup at some point and brings you over

(01:09:39):
to thirty fourth kid, correct?Do you know about what time was that
you arrived at at thirty fourth there? Between seven and eight pm? When
you will arrive? Who if anyonebesides who if anyone was in the House
of Therapy when you got it wasBrian Junior, Nicole Albert, An Albert,

(01:10:00):
and Julie Albert. And what wasas far as you're interesting, what
was sort of the plan for thatparticular evening? We were all going to
meet at Brian's house. His familywas going to go out, his mom,
aunt and sister, and then wewere kind of going to go from
there. Whether we were going togo out or stay home. It was

(01:10:24):
up in the air. And whenyou arrived there at some point did his
mother Nicole Albert's his aunt and sisterof the house correct? How long period
was? How long a period oftime was it from the time that you
July arrived at the time that Brian'smother, aunt and sister fifteen to twenty

(01:10:46):
five minutes? I would say,And did you have any idea where they
were going? No? Now,as far as during that time after they
left, was it, do yourecall or where in the house worry you
were hanging out or what you weredoing. We were in the family room

(01:11:11):
and in the kitchen as well inthe kitchen area within the Albert house of
thirty fourth Fairview. Were you familiarwith that? Yes? And the kitchen
and the dining room are those exactcorrect? In the family room that you're
talking about, let me ask youthis sort of with respect to thirty fourth

(01:11:36):
fair View, there are basically twofront doors. So mister Lalley, I
think we can move on from thegeneral description of the house. Please,
one last question in regard to thatis, so the family room that you're
talking about, is that where isthat in relation of the kitchen. If
you're looking at the house, it'sto the right. Now, what said

(01:12:00):
it's at some point in time.Did other people join you and Julie and
Brian between eight and nine o'clock?And too, was that that came over
between eight and nine Courtney Alba,Katherine Duty, Emily Fabiano, and Mary

(01:12:21):
Kent. I'm going to ask youto spell all of those last names for
us, if you would please.So, Courtney Alba, A L b
A, Katherine Duty, it's kA T h R Y N D O
O d Y, Emily Fabiano,the last name f A B B I

(01:12:45):
A N O. I believe itmight be one B and then Mary Kent
K E N T. Thank youAnd with respect to this album and Duty
missed on, Miss Kent. Howdid you know? I knew Catherine and

(01:13:06):
Emily since elementary school. Mary andCourtney I had known since high school.
Courtney I was more of an acquaintancewith because she was friends with Brian,
so she was more friends with yourfriend than you had sort of mutual friend.
Is that correctly correct? Now,during the time that you were at

(01:13:30):
the house on fair View you mentionedearlier for the family room area where else
did you go with the house?Just the family room, the kitchen slash
dining room, and then the bathroomoff the kitchen. And so I'm here
as far as one, I'm Mattine. When I'm saying you you sort of

(01:13:53):
choral. So you, in additionto all the other people that you just
mentioned, was there any other areaof the house that the group of you
went in anymore? Brian took eitherMary or Catherine, I don't remember which
one upstairs at one point to seetheir family. Dog may ask you tep

(01:14:16):
your voice up if you would please, thank sorry, And about how long
a period of were upstairs for yourfamily? No more than five ten minutes.
And so what was it that thegroup of you were doing at the
house of the course of this.So we were celebrating Brian's birthday. They

(01:14:40):
had gotten cal zones, we wereeating, and then we were drinking.
And in general terms, if yourecall the drinking that night, like snig
pelters, I know Brian was mostlikely drinking white coll because that's really all
he drinks. I remember one ofthe other girls bringing truly's I'm not sure

(01:15:11):
about the other people, but aroundthat type of stuff, and you know
how much each of the people sortof had a drink while they were there.
I'm not completely sure no one wastipping over. I'm fair to say
that whatever people had and was sortof commensmate with each other. Is that
correct? Correct? Now at somepoint well over the course of the evening,

(01:15:39):
so you're eating, you're drinking,was there music going or anything like
that? Yes? Music? Andif you recall like sort of how do
the how is the music use througha bluetooth speaker and over the course of
the evening in addition to the peoplethat you as mentioned at some point in

(01:16:01):
somebody else come about that, Yes, Colin Albert. And did you know
Colin Albert prior to that even aswell? Yes? And about how old
was Colin around that time? Highschool like late high school? Is?
How was it or how well didyou know? Not very well? Like

(01:16:25):
I said, I'd been friends withBrian for about eight years at that point,
and I knew Colin or I knowColin's older brother, Christopher pretty well.
He's my age. I grew upwith him, known him since elementary
school. So it's kind of likewe weren't friends. I wouldn't say in
Colin, but we were cordial,your younger brother or somebody that you went

(01:16:51):
to school. Correct, And hewas your friend Brian Awen juniors. Correct.
Now with spect to Holland you knowabout what time came on, I
can't say for sure, not suresometime before or after the other Miss albums

(01:17:15):
Duty, right, he was therewhen Miss Fabiano Kent and sorry, he
was there when Miss Duty, MissFabiano and Miss Kent were there. I'm
not sure if Miss album was stillthere because she left separately from those three.
And you mentioned that you would comeover to the house getting arrived from

(01:17:38):
Miss Nigel's father, correct. Correct, you know how another women got over
the house. As far as thisChemist Duty, they got dropped off,
I'm not sure by who. Sofair to say there weren't like a line
of cars out in front of thehouse, right, correct? And about

(01:17:59):
how long with respect to back thatwas there as far as you and the
other young women, about how longa period of time were you all like
that? Two to three hours?So do you know about what time was
that Miss Albay and Miss Kent left. Miss Alba left before the other three

(01:18:28):
her boyfriend picture up and then MissKent, Miss Duty and Miss Fabiano all
left together. I know it wasbefore midnight. And when they left was
Coulin Albert? Was he still there? I believe, so you know much?
How about how much time or overlapit was between uh Colin Albert and

(01:18:51):
the other the other women. Asfar as Miss Campisa, I don't remember
exactly now from your recollection of thatevening, how would you describe for the
mood or meet or within the houseover the course of those few hours.

(01:19:12):
Everything was good, happy, wewere celebrating, no issues, no issues
with anybody that was no now afterat some point in time later on in
the evening or in the early morningof twenty nine, if anyone else came

(01:19:33):
back came to so mister Albert Brian'sfather, mister Higgins, Missus Albert Brian's
mother, Caitlin Albert Brian's sister,Jennifer McCabe, Brian's aunt, and then

(01:19:54):
Matt McKay, Brian's uncle. Imean, break down a master bit like
this. So as far as theorder of people arriving at some point,
did you learn where they were comingfrom? Yes, where were they coming
from? Brian's father and mister Higgins, as far as I knew, were

(01:20:19):
coming from New York. They wereat a funeral for a fallen police officer.
And Brian's other family members aunt,uncle, mother, and sister.
They were out in Canton. Iwasn't sure what establishment. And so those

(01:20:43):
people that you've described, were theyall come at the same time or did
they come sort of stagger fashion orhow do they live? Brian's father and
mister Higgins arrived first, but theyall arrived within five minutes of each other,
and its first. In reference toBrian's father, Brian Senior, we

(01:21:06):
would obviously met him on fire occasions, correct, correct? And Brian Hayes,
is that someone that you had metbefore, you had known prior to
that evening? No, And whenmister Albert and Senior and mister Higgins arrived
at the residence of Fairview, wasColin Albert. So there I don't remember.

(01:21:28):
You have any recollection of those peoplebeing in the same room at the
same time on that I don't remember. And so as far as Brian Junior,
your friend, his mother's name isNicole, is that right? Correct?
His name is Kaitlyn? Correct?And did you know both of them
prior to the evening in the twentyeight yes? And with respect to Caitlin,

(01:21:54):
how would you describe your your sortof relationship we were friends in high
school. I would say that youwere close with Brian junior versus Kate.
Correct. And same question in regardto paulin Albert you were Paul, Whether
or not he was there in thehouse at the time that Nicole and Caitlyn
came, I don't remember. Andthen as far as Jennifer and Matthew mckaye,

(01:22:20):
were you familiar with them prior tothe evening of the twenty eight months?
I knew who they were. I'mnot sure if I've ever had a
conversation with them prior to that.When you say you knew who they were,
how was it that you knew whoI knew they were Brian's on uncle.

(01:22:41):
Had you ever met them before orhad any occasions you've seen them anywhere
before? You can recall I knowI had seen or met jen before.
I'm not sure about matt And thesame question of reference to as far as
Paul and Albert, you recall whetheror not he was in the house at
any points when the mccabis, Idon't remember. You were pulling outward leaving

(01:23:05):
the house at some point, Yes, you just don't recall when it was
in relation to when the other peoplearrived from wherever they were. No,
and you recall how it was thathe left house. He got a ride
you know who he got to ridefrom? Objection? Do you know?

(01:23:26):
No? Next question, now,when these other people came to the house
referred to as the older adults ofthe affair, portrayal of them? Sorry,
can you repeat that? Then?The rest of the people that were
there earlier than correct? So thatgroup that came in later as far as

(01:23:46):
when they arrived, where were theyin relation to the house, like where
were they situated? We were allin the dining slash kitchen, So all
in that same sort of are nowat any point in time and of course
of the evening, do you callanybody from that group of people sort of
going anywhere else in the house thatyou saw, Not that I remember.

(01:24:11):
And with respect to the house onFairview Road, you're familiar with where the
basement is located in the house.Is that correct? Yes, And at
any point time in the evening thatyou see anybody from that group, either
before or after go anywhere near thebasement or go into the basement area.
No, Now, with respect tothe sort of mood and demeanor after these

(01:24:35):
other folks come by after you know, about what time was it that those
people started coming back in from whereverthey were coming twelve fifteen? It wasn't
that long after it struck midnight,So sometime after the striking midnight, these

(01:24:56):
other folks start to come back tothe house. Correct, and on that
period from twelve twelve fifteen or sofrom that period, about how long was
it after that that you were atthe house? On there? I left
between one point thirty and two am, so about an hour and a half
or so after they got Correct.Now, with respect to that hour and

(01:25:21):
a half or so after they gotthere, how would you describe sort of
the mood and the demeanor within thehome during that same thing? We were
celebrating, happy dancing all that itcontinued, the drinking continued. Correct.
Correct, no issues or arguments oranything that you was correct? Correct Now

(01:25:47):
within the area of the kitchen diningarea at some point to call where people
were, I'm talking later in theevening when the folks come back to the
house. I remember where those peoplewere sort of situated around the kitchen dining
room area at that time. Yes, and described to the jury sort of

(01:26:09):
word. So the dining room tableis a square, so, and it
was in front of the front window. So in front of the front window,
where their back would be to thewindow was my friend Julie Nagel.
I was sitting then. I don'tknow was that perpendicular? I don't I

(01:26:33):
haven't taken math in a long time. I was sitting here if the windows
here, I was sitting on thisside facing kind of I could see the
front door, and then to myright Brian Senior and mister Higgins were standing,

(01:26:57):
so they're back towards the kitchen,and missus Albert Nicole was sitting with
her back to the front door area, and Jen and Matt and Keaitlin.

(01:27:19):
I don't believe we're sitting And overthat course of an hour and a half
or so, after those folks cameback to the house some time after midnight,
did you observe any other people walkingor coming into the house at any
point? No. Let me askyou this, as far as on January
twenty eighth into the twenty ninth,in twenty twenty two, did you know

(01:27:42):
anybody by the name of Johnald Keith? No? And did you know anybody,
anybody by the name of Karen.No, And with respect to either
of those people or any other people, no one else came into the house
while you were living. Correct.Now, at some point in time,
your friend Julie, did she gooutside of the house? Yes? And

(01:28:03):
can you replain to the jury whatthat was in the books? Her older
brother Ryan was coming to pick usup to take us home, so she
went out to talk to him.Prior to him arriving. She said something
to me along the lines of Ryan'scoming to get us, which Jen McCabe

(01:28:30):
said, sistein question, and soin relationships you when folks arrived back from
wherever they were coming from to thirtyfourth therapy, When was this that you
had this conversation with Julie about herbrother company you guys, around twelve thirty

(01:28:54):
give or take. And at somepoint did Julie go outside of the house,
Yes, And did you have anyoccasions to look outside at an appointment
she was out there? And abouthow long period of time was Julie outside

(01:29:14):
the house? No longer than fiveminutes? And after that her going outside
no longer than five minutes and comingback inside. Were there other arrangements that
were made as far as how youand Julie were going to get home that
night, Yes, and what werethose arrangements as far as what was your
understanding of how you were getting homeback n Jen mcaby and Matt McCabe would

(01:29:39):
drive us home. Now, Jenmcave around that time that Julie went outside
of the house and came back in, what if anything did you observe early
her phone was plugged in behind mecharging, she was checking it periodically.

(01:30:00):
Again, if you could remind thejuris or what was it that was behind
you? As far as where wasyou? So where I was sitting behind
me was a wall and then behindthat wall would be the family room.
And so I guess what I'm askingis was there something specifically or phone was

(01:30:20):
resting on or was it just hangingout of a club or how was the
physician? I think it was justresting on the floor. And with reference
to her phone, was that somethingthat Ms McCabe came over and looked at
at any point in time while Iwas charging? Yes, I'm not sure

(01:30:44):
to be exact, let me askyou this was once or more than once
or something more than once? Iwould say, and without any without any
reference to anything that was said.Was there some conversation that you had with
Chrisma Cave during the time that shewas come over and check her a little

(01:31:04):
bit myself? No, in general, I remember her saying someone was coming,
and that's someone that communicated was coming. Again, No one ever actually
came in the house or was aroundthe house that you were away from.
Correct. Correct? And so aboutwhat time was it that you loved that

(01:31:30):
you left the home on ferrity onthat degree between one thirty and two am
and you left with your friend MissNagel as well as mister and missus the
Cave correct, distract and to recallwhat kind of vehicle they had or what
they were driving on that evening,some sort of like large Subaru type.

(01:31:55):
I don't know the exact maker brand, but a large. All I could
say was like a super, nota super, not a suburban. I
don't know, cars like a likea Tahoe, like a big car,
so like a bigger subcord. Yes. And within the suv that you you

(01:32:17):
eventually got into and took the righthome correct, Yes, And if you
recall from within the suv that yougot into, was there as far as
the backseat was concerned was a tworows three rods or something else? It
was three rows? And where wasthat vehicle park when you came out to
get into in the driveway and whenyou came out to go from the house

(01:32:43):
to the car, What if anythingdid you observe as far as all of
the weather doing it was snowing,and as far as the snow that had
come, was there any sort ofaccumulation on the ground that you saw?
Yes, And so based on that, what if anything you recall about sort
of your walk on the front doorout in the Cape's vehicle. So we
exited the front door and went downthe front walkway to the driveway. As

(01:33:13):
I said, it was snowing.I Julie and I were like arms linked,
and I was looking down at myfeet to make sure I didn't slip.
And why were you looking down?I wore shoes that my mother told

(01:33:33):
me not to wear because they didn'thave traction, but they went with my
outfit, so I wore them anyways. And I knew if I had slipped
and fell, she would say Itold you so, So I made sure
not to do that. And whenyou get to the vehicle to a call,

(01:33:56):
sort of who was driving and whosort of sat there within the vehicle.
Yes, so Matt was driving,Jennifer was in the passenger seat,
Julie was behind Matt on the driver'sside, and then I was behind jen
And when you get into the backof the vehicles, you recall was there

(01:34:19):
any sort of conversation about either misteror missus McKay know where the two of
you lived at that point? Youknow they did not, so I imagine
there was some discussion as far aswhere to or what was the address or
something like that. Yes, correct, you recalled that was something that was

(01:34:40):
like plugged into the yes, orwere you just sort of giving verbal instructions
that work? I don't remember.And do you recall as far as the
order of who got dropped off firstversus yourself and natal Yes, and who
got dropped off Julie? And howfar drive is it from a fair view

(01:35:02):
to less than five minutes? I'msame as far as so from julius house
and then went to your house?Is a correct? Yeah, about five
minutes I would say, from Julie'sto mine. Five minutes or so Julie's
and five minutes or so correct.Now, when you get in the back

(01:35:24):
of the vehicle, as you callany other sort of discussion. Uh,
while you were in the driveway beforeyou left. So, yes, we
got in to the car. Mattforgot his jacket inside, so he went
back to get his jacket, andJulie and I were in the back seat

(01:35:45):
looking around. One of us noticed, I remember a loaf of bread,
just a lone loaf of bread inthe back seat. We said something to
Jen because we thought it was weird, and she said something along the lines
of, oh, and one wanta peanut butter and jelly on the way,
like making a joke. So wewere looking back at the third row.

(01:36:08):
And so miss mccab is in thefront seat of the vehicle at this
point. Yes, so she sortof turned to talk to you while you're
in the backseat. Correct. Andwhen she turned towards the center of the
car, or the window or somethingelse to the center, and if you
were called mister McCay, it getshis jacket comes back on the car and
at some point backside of the driveway. Correct. And when mister McCay drives

(01:36:31):
from there headed towards Miss Nagles,you recall which direction meant The vehicle was
facing as far as going by thehouse on Fairview. So let me ask
you probably in a battle root.Okay, So at some point did you
drive past the thirty four Fairview Roadresidents on the way that juse ouse?

(01:36:54):
Yes? And when you give whichside of the McCabe's vehicle was seeing the
Fairview Road residence, was it theside that you're on or the side that
you was on the side I wason? And at the time that you
were driving past that, was thereconversation still that was going on in the

(01:37:15):
backseat of the car or with anybodyelse, Yes, and who was sort
of engaging conversations about myself and Julie? And so you're looking at her direction
while you're talking to her. Isthat correct? Correct? And as you're
driving past the house, what ifanything does Julie say ask the different news

(01:37:42):
through as you're driving past the house, what if any conversation were you having
with that? And so I'm goingto see kind flow tide on this one
issue. I'm sure it's feel freeto stand out it was Levinson, without

(01:38:12):
respect to what miss Nagel said toyou in the car. The two of
you converse and correct correct, Andas you're going past the house, she
says something correct, or says somethingout loud, not farther up the street.
And so when you're talking about fartherup the street, where was where

(01:38:39):
was the vehicle in relation to thehouse of thirty four a fair of view
when she says the house was behindus? And so based on what she
had said, where does your attendantwhen she was speaking to me, I
looked at her once she said whatshe said, I look the other way

(01:39:00):
to the window. And at thetime that you looked to the window,
what was sort of outside the windowin reference to thirty four fifty Was any
part of the residents still for lawnor anything else visible to you at that
time? No? And so wasthe neighboring house was that fair eciton one

(01:39:20):
of the neighboring houses? Yes,whether it was an next door neighbor a
couple of houses now and it waspast that point? Correct? And was
there any further discussion that you wouldcall in the backseat of the vehicle between
yourself and Julian relations to that earlierstate? I asked for clarification. Did

(01:39:43):
you receive any further clarification? No, I they have a moment John,
Yeah, nothing further. All right, so this is a good place for
us to take down morning recess.All right for the court. Please your

(01:40:12):
you are muted, m m,and you maybe see you quotes back then,

(01:40:54):
all right, let's bring this elevencent in please, just right.

(01:41:15):
Christina Eddie, good morning, goodmorning. You have lived in Canton your
whole life. Correct from Kenton HighSchool. Yes. I have been friends
with Brian Albert Junior since high school. Yes, I believe you said it's
been probably about ten years now thatyou've been best correct. And the two

(01:41:39):
of you actually went to the juniorfarm together. Correct. Correct. You
consider him a close friend. Correct. You've been to his house many times.
Yes, You've gone inside the home, and you've spent time in the
backyard as well. Yes, you'vegone swimming in the pool that they had
in the backyard. Yes. Andin high school you would hang out in
their basement, would not, That'scorrect? And you know that there's in

(01:42:03):
that basement a bulkhead door that leadsto the backyard. Correct. I never
noticed it. You're also on goodterms with other members of the Albert family.
Correct. Do you know his brothersand sisters? Correct? Correct?
Caitlin Albert, Brandon Albert, KaylaAlbert, and Jack Albert. Yes,

(01:42:25):
you also know his cousins h dependswhich ones, but yes, some of
them. Yes, you know thatJennifer McCabe's daughters are Brian Albert Junior's cousins
correct. Correct. And you knowboth of Brian Junior's parents, Brian Albert
Senior and Nicole Albert. Correct.That's correct. And you actually call Nicole

(01:42:48):
Albert by her nickname correct sometimes yes, and what is that nickname, Coco?
And you know Brian Albert Senior relativelywell, having been over the house
so many times. Correct. Dependswhat you qualify as well, but yes,
you find him a little stand offish. He's quiet, but in any

(01:43:14):
case, you're comfortable at the Alberthome. That's correct. And you were
at the Albert home on the nightof January twenty eighth, going into the
twenty ninth of twenty twenty two correct, correct, go out there a round
eight pm correct, And you didn'tleave until around two am give or take
on the twenty ninth correct. Correct. So again, Bullpark figures if you

(01:43:39):
were there from eight pm until twoam, that means that you spent about
six hours at the Albert home thatnight into the early morning. Correct,
And you yourself never left the homeduring those six hours? Correct? Correct,
you were inside the home the entiretime. Correct. Were you interviewed
by any police officer, state trooper, or other investigator about the events of

(01:44:03):
that night on January twenty ninth oftwenty twenty two on that day? Yeah?
No. What about the rest ofJanuary or even February of twenty twenty
two, were you interviewed by anyinvestigator? No. The fact of the
matter is that no investigator connected withthis case took a statement from you in

(01:44:26):
terms of an interview until about ninemonths later. Correct. Correct, And
that was done at the District Attorney'soffice on October twenty first of twenty twenty
two. Correct. Now, thatnight, while you're at the house,
you'll agree with me that there werepeople coming and going from the house the
whole night. Correct. I meanyou would have to be more specific.

(01:44:49):
Okay, So I'm not talking aboutlike every minute on the minute, But
during those six hours, you sawpeople come and you saw people leave.
Correct, Yes, but you werenot standing guard at the door to take
note of everyone who was entering orleaving or the times that they were entering
or leaving. Correct, Correct,You were not keeping a log, for

(01:45:14):
instance, of when somebody came inor when somebody left. No, And
when you got there around eight am, you came with your good friend Julie
Nagel. Correct. Yes, Julie'sfather dropped you off there. Yes,
you saw Nicole Albert, Julie Albert, Caitlyn Albert, and Brian Albert Junior
when you arrived, right, correct. Then Julie Albert, Caitlyn Albert,

(01:45:39):
and Nicole Albert left, right,Yes, But then four o the friends
of Brian Junior arrived right, yes, and you would name them when mister
Lalley was asking you questions before thebreak, right, yes, correct.
So with those four friends with youand Julie and Brian Junior, that meant
that at that point there were sevenpeople in the house, right, Yes,

(01:46:02):
Actually there were eight people because ColinAlbert was there as well. Correct.
It depends on what time you're referringto. But yes, he got
dropped off there at some point,yes, and then he was one of
the eight people, including yourself,that you were with. Correct. You
never saw him walk in the door, did you. I don't remember,

(01:46:26):
you don't remember seeing him actually enterthe house correct, Correct, But during
the night you actually sat right nextto Colin Albert at the table, correct,
Yes, that is correct. Andwith regard to Colin Albert, I
believe you testified. You really wouldn'tsay he's a friend of yours. Right,
that's correct. He was more ofan acquaintance, was he not?

(01:46:49):
That's correct, somebody that you met, but you didn't hang around with.
Right. Yes, you have neverbeen in a hut tub with Colin Albert,
correct, not that I know of. No, never took a trip
to Maine and Colin Albert. Right, No, sist because going away on

(01:47:10):
a road trip, that'd be somethingthat you do with the friend rights.
Okay. And with regard to thosefour friends of Brian Junior who arrived,
your best estimate is that they camesometime between eleven PM and twelve am.
Right, Sorry, can you repeatthat? Sure? I'm talking about Courtney
Albert, Catherine Duty, Emily Fabianoand Mary ken Strike that you know what?

(01:47:35):
Let me withdraw that question and rephrasing. They left sometime between eleven PM.
Correct, And you can't be sureprecisely when they left because again,
you weren't watching in the clock tomake note of when people made their exits.
Correct. I know they left beforeIt was Brian Junior's birthday on the

(01:47:59):
twenty nine, so I know itwas before midnight. But other than that,
no, right, And that's likean hour span of time that they
could have left within. Correct.Correct. You never saw Colin Albert physically
walk out the door, did you, I don't remember. And then at
some point before midnight, Brian AlbertSenior, Brian Higgins, Nicole Albert,

(01:48:23):
Jennifer mccab and Caitlin Albert all arrivedat the Albert home. Correct. Yes.
I don't know if you said MattMcKay, but yes, Matt McKay
as well. Yes, And youwould agree with me that Brian Higgins and
Brian Albert arrived at about the sametime. Yes, And that Caitlin Albert,
Jennifer and Matt McCabe and Nicole Albertall came back around the same time.

(01:48:46):
Correct. Now, from that pointuntil the time that you left around
and that was around two am,right, give or take. Correct.
From that point until around two am, the only person who left the house
was your friend Julie Nick, right. Correct. Your understanding was that she
went outside to talk to her brotherRyan Nick. Right. Yes, that's

(01:49:10):
correct, all right. And inaddition to not remembering seeing Colin Albert Lee,
you also did not see Brian Higginsphysically lead. Correct. I don't
remember, And you also don't rememberseeing Kitlin Albert Lee. Correct, No,
I don't remember. You would agreewith me that throughout the night while

(01:49:33):
you were at the house, KitlinAlbert was playing music on her phone.
Yes, there were surround sounds speakersset up in the kitchen dining room area.
I don't remember that there were speakersthough, correct. Possibly so,
I don't remember. Your memory isnot that Kitlyn Albert had a song or

(01:49:57):
songs playing on her small iPhone.No, it was on a speaker.
I'm just not sure if it wassurround sound or a bluetooth speaker like it
was previously. In the night fair, people were singing and dancing right.
Correct. Pretty much everybody was singingcorrect, Correct, people were talking.

(01:50:17):
Correct. Everybody appeared to be ina good mood and having a good time.
Yes. And with the music,the singing, the dancing, the
talking, the drinking, there wasa lot of activity going on in the
kitchen dining room area. Correct.Yes, there was plenty of you know,
to pay attention to with regard tothe people that were in that area.
Right, Yes, Brian Junior wasin the kitchen essentially the whole night.

(01:50:42):
Yes, Jennifer McCabe was charging herphone on the kitchen island at one
point behind it. But yes,did she pick up her phone in your
presence to make any calls or textanybody? She picked up her phone.
I'm not sure what she did withit, but in any case, you'd
agree with me. It was noisyin the kitchen, yes, and the

(01:51:04):
kitchen's in the back of the house. Yes. Now, you had seen
the Albert family dog, the Germanshepherd Chloe, prior to that day.
Correct. Yes, and Chloe wasnot a very outgoing dog around people.
Correct. Correct. In fact,your impression was that she was a former

(01:51:26):
police dog. Correct. Possibly rightor wrong? Maybe I don't know.
While you were in the kitchen withall of the singing and dancing and talking
and music going on, you didnot hear Chloe bar correct. Correct.
You did not hear Chloe grovel correctcorrect, not that I remember. You

(01:51:51):
did not hear somebody get hid inthe back of the head with anything,
correct check. Go ahead, youcan answer that. Correct. And while
you were there sitting, you couldnot hear what if anything, was going
on in the basement. Correct.Okay, you were catching a ride home

(01:52:15):
with the mccave's ultimately correct. Correct. At that time, you believed that
you, Julie Nagel, Jennifer mccaband Matt McCabe were the last to leave
thirty fourth fair of you. Correct. So at that time you believed that
Brian Higgins and Caitlyn Albert had leftbefore you. Correct. I believe so.

(01:52:40):
But you didn't see Brian Higgins orKitlyn Albert physically walk out the door,
at least you have no memory ofthat correct. Correct. And when
you left, you didn't check everyroom in the house to see who's still
there. Correct. Correct, Younever went down to the basement that night,
That's correct. And when you leftthirty five fear of you, the
snow was starting to stick to theground and around two air that's correct,

(01:53:05):
But there weren't mounds of snow orsnow banks that had formed correct. Correct.
And when you left the home,you could still see part of the
red brick of the walkway that leadsto the driveway correct. Correct. And
when you got to the driveway,you could still see part of the color
of the pavement. Correct, Yes, that's correct, And you could still

(01:53:27):
see some graph on the front lawn. That's where air right. I don't
remember, but I may have amoment. Yes. You testified at a
hearing on May eleventh of twenty twentythree, so just about a year ago

(01:53:57):
in Boston. Correct. Correct?And neither the prosecution in this case was
to Lali And is mcwofthin or anyof the defense team was there correct?
Correct? Some other lawyer was askingyou questions right, checktion, sustain and
move along with this. Sure,you were asked the question quote, could
you see the grass sort of onthe lawn that was when you were leaving?

(01:54:20):
And your answer was yes. Doyou recall that question and answer?
I don't recall that. If Isuggested to you that that was the question
and answer, would you dispute it? Is your memory exhausted as to whether
there was that question of you andthat answer given me? Can you rephrase

(01:54:41):
that? Sure? Do you notremember whether you were asked that question that
I just read and the answer thatyou just gave. I don't remember if
you saw that transcript with that refreshermemory. Possibly he's one eighty seven,
council man, coach it was therean objection? No, actually, I'm

(01:55:05):
sorry. I just handed to youand then took it away. I'm sorry
about that line's ten and eleven.I would direct your attendance and just read
it silently to yourself, please andlook up at me when you're done.
I the approach to grab that havingreviewed that transcript, is that refresh your
memory as to what you testified toa year ago. Yes? And was

(01:55:29):
that accurate? Yes, with theword being sort of yeah, Well I
believe I read yes, I'm justclarifying, yeah, but I did read
it accurately. Correct. Okay.Where was the McCabe's car parked in the

(01:55:51):
driveway? What are the cars didyou see in the driveway at that time?
I believe the Albert by Albert family, I mean the ones that owned
that house. Yes, correct,there cars? Do you know how many?

(01:56:15):
Two? And where were those twocars park Where where the spike that?
Were there two lanes in the drivewaywhere cars were parked? Yes?
And which lane to the left ofthe right where the Albert cars or maybe
they were in both? I believeboth closest to the garage. Okay,
So they were pulled up closest tothe entrance to the garage, correct,

(01:56:38):
in tandem, right next to eachother. Correct. And where was the
mccage's car behind which which car?If you're looking at the house the lane
to the left. I believe nowwhen you first walked out of the Albert

(01:56:58):
Home, you'd agree with me thatthe front lawn was right in front of
you. Correct, Yes, Andno obstructions blocking your view of that front
lawn. No. And there werelights on next to the Albert Home front
lawn correct. Correct? And therewas also a lamppost where the front walkway
is correct. Correct. And betweenthe two garage doors there's also a spotlight.

(01:57:20):
Is there not? Correct? Andyou would testify that snow had started
to accumulate right, correct, andagainst that white snow. Did you see
a black baseball cap? No?Did you see a black sneaker? No?
Did you see a six and twentypound man sprawled out right in front

(01:57:42):
of you on that lawn? No? Did you see forty five pieces of
red plastic? No? One pieceof red plastic? No? So you
saw nothing unusual on that front lawnas you walked out of that house.
Correct. That's correct. As Jennifermccab, Matthew McCabe, and Jewel Nagel
were walking toward the McCay car,none of them pointed to the front lawn

(01:58:05):
to direct your attention to anything.Correct. That's correct. In fact,
you had testified that Matt mccab forgotsomething and had to go back in the
house. Correct. Correct, whichmeans he actually came out of the house
twice that night correct. Correct,And the second time he came out he
still would have been facing that frontlawn correct. Correct. And the second

(01:58:28):
time that Matt mccab came out,he didn't point at anything in the front
lawn. Correct, that's correct.And then the four of you were in
the mccab car right, Yes,Matt mckaby was driving, Yes, Jennifer
McCay was in the front passenger seatnext to him, yes, Jumie Nagel
was seated behind the driver behind MattMcKay right, yes, And you were

(01:58:53):
seated in the second row passenger seatto the right yes, behind where Jennifer
McCay was sitting. Yes. Andthe car backed out of the driveway correct,
yep, And the rear of thecar was then facing towards Cedar Crest,
correct, And the front of thecar where you were going to drive

(01:59:15):
toward would be toward Chapman Street.Correct, that's correct, which would have
put you driving right past the Albertproperty line. Correct, Yes, correct,
And you were closer to that propertyline than Julie Nagel was correct.
That's correct as you drove past,Yes, And as you drove past that
front lawn, you saw nothing outof the ordinary. Right, I wasn't

(01:59:45):
looking, but yes, okay.And we had previously talked about the fact
that you were first interviewed by investigatorson October twenty first of twenty twenty two.
Right, correct. And the investigatorthat spoke to you about nine months

(02:00:06):
after January twenty ninth of twenty twentytwo, you will agree with me,
was Michael Proctor? Correct? That'scorrect. And almost a year after that,
you were visited by two female membersof the defense team. Were you
not, oh my home? Wasyou recognize a little seated a consultator as

(02:00:34):
being one of those two female I'mgoing to see a typer. Is it
fair to say, miss Levison,that you decided not to speak to anybody

(02:00:55):
from the defense team? That iscorrect? And you hadn't before you and
I just started this discussion. Correct, That is correct? Tek me for
you, all right, mister Lellymiss Levinson. With regard to the basement

(02:01:25):
at thirty four fair of you,when was the last time that you were
in the basement area of home earlycollege? So two thousand and seventeen,
maybe that's time that you were talkingabout where missing m cabe had her phone

(02:01:46):
on the charger and was coming overto check on it. Do you recall
whether or not Colin Albert was stillin the house at that point. I
don't believe, so you don't believeit was? Is that correct? That
is correct? You come out ofthe house. You were asking the questions
about the lawn, the portion ofthe front lawn that you are talking about,

(02:02:10):
as far as you observed, whereis that in relations to the driveway
to the well? If you're letme, let me ask you a different
way. So as with respect tothe front lawn area of the home,
what part of the lawn did youmake any observations of or did you look
at or see it when you werewalking from the doorway to the vehicle.

(02:02:31):
When I walked out of the frontdoor, I went down the steps of
the stoop, and I looked infront of me like down not straight,
so it would be the grass thatborders the front walkway, so you weren't

(02:02:51):
looking at sort of the entirety ofthe front lawn. Is that correct?
That is correct? And when youspoke with Trooper Proctor? Was he the
only trooper there? The only statepolice officer? Are there that when you
spoke with them? No? Ido you call who the other trooper was?

(02:03:12):
I don't remember the name specifically.It was not like a common last
name, though I know that.And as far as defense investigators or anybody
else comeing to your house, youchose not to speak with them. Is
that correct? Correct? I wasnot home when what mister or Eddie was

(02:03:35):
talking about. My parents were home, but out of respect, I contacted
the defense to tell them the nextday. I believe that I had nothing
to have a conversation with them aboutwhat why not? I know that legally

(02:03:58):
I didn't have to and I didn'thave anything to say. I incredible.
All right, you are all said, miss thank you? Your next witnesses
to Lally, Yes, Jean callwellcall him? Is Julie Nagel to this

(02:04:20):
damp m hm h m. Whatyou step for me? Thanks right here

(02:04:51):
the oder stand of the court andjury, the case down here, the
truth, the whole truth, andnothing but the truth. Thank you whenever
you're reading, mister Miley, thankyou. Good morning. Now how are

(02:05:15):
you doing? Could you well?Can you state your name and spell your
last name? Yep, It's JulianaNagel and A G. E. L.
And where are you living there?Canton, Mass And how long have
you lived in Canon? My wholelife? And if anyone do you live
in Canon? I live with myparents and my brothers, but mostly now

(02:05:40):
just my parents. And how manybrothers? I have two older brothers and
what are their names? And howmuch older than you were there? My
brother my oldest brother, Ryan isthirty one and then my other brother Sam
is uh twenty seven? And doyou work man? I do? I

(02:06:06):
work for a car rental agency.How long have you been doing that?
A little over a year and ahalf. Man? If I could put
your attention to January twenty eighth,twenty twenty two into the early morning of
twenty let's do you recall where youwere that evening? I do? And
where did you go to? Myfriend Brian Albert's house and your friend that's

(02:06:30):
a Brian Albert Junior. Is thatright? Yes? Junior? Yep?
And how is it that you knowBrian Albert? We went to school together
high school, so I've known himfor quite some time. And with Brian
Alwert Junior, was he in thesame graide or the same class as you
were? He was a year belowme? And to call about what time

(02:06:51):
it was that you went over tohis house junior in the twenties, I'm
not sure exactly, but I wouldsay probably around like six. And do
you recall what day of the weekthat was the twenty I believe a Friday,
Friday and Saturday, is that correct? And how did you Yes,

(02:07:12):
how did you get to uh,mister as house? My dad drove me
and so if anyone else did didyour dad could ride? In one week?
My friend Sarah Levinson? How longhave you known Sarah left? Since
middle school? I would say,And you're familiar with mister Albert Junior's house

(02:07:33):
at thirty fourth fair of you road? Correct? Yes? And have you
been there on occasion over the courseof your friendship? Yes? Now what
was as far as you're understanding,what was sort of the plan for that
even just hang out, have somedrinks for my friend Brian's birthday, just

(02:07:54):
together and hang out. And whenyou arrived there with anyone in addition you
south Its Levinston and Brian Albert unwere president Home of Death. From what
I can recall, I just rememberBrian Jr. Yep. And at some
point did some some other people comein and join the group of the three

(02:08:16):
of you at the home? Yes? And what about was that in relations?
When I can't remember, I don'trecall the time frame. Some time
after the Yes, was it theycame to join the group at some point
it was? So it was me, Brian Junior, Sarah Levinson, Catherine

(02:08:37):
Dudy, Emily Fabiano, Mary Kent, Courtney Elba, Colin Albert. And
then that's what I can remember fromfrom then in the early part of the
night. And so with respect tomiss Miss Kent's, Miss Alba and uh

(02:09:03):
Miss Duty as well as I correctcorrect? How did you know them through?
Brian Junior an the same grade classesas you and Miss Levinson and Brian's
class class, correct you? Andso fair to say that you were closer
friends with Brian Almer Junior and MissLevinson than the other four girls. Correct?

(02:09:26):
Yes, you mentioned as far asthose four individuals, Miss Bavia,
Miss Miss Duty, and Miss Alba. Did they come together as far as
you know, I don't remember.I'm not sure. And do you have
any idea how they got there?I do not. Now with reference to

(02:09:50):
uh, you mentioned Colin? Correct? And how do you know that they
have to be yes or no?Okay, got it? So what was
that answer? Do you remember repeatingthe question? Thank you? Question?
So with reference to Colin Alberts didyou know Colin Albert prior to that evening
as well? Yes? And howdid you know Colin through Brian? And

(02:10:11):
what if anything you know about therelationship between Colin Albert and Brian Albert their
cousins, And about how old wasCoulin Alberts on around this time frame of
January twenty twenty. I'm not quitesure. I don't know. You know
whether or not he was in highschool or college or something else? High
school? And when was it thathe arrived in relation to the four young

(02:10:37):
ladies that you were talking about,I don't remember a little bit after though.
Okay, So at some point intime after they had brought yes and
they arrived at. Was that correct? Correct? You? And over the
course of the evening within the Alberthouse where is it sort of within the
home? That's you and sort ofthe group were common We were mostly in

(02:10:58):
the dining room area with the kitchen. It's like an open floor plan a
little bit. And do you recallwhat specifically, we're generally speaking, what
you were doing while you were hangingout and celebrating by we got some food
ordered from DENI just hanging out drinking, That's mostly that? Was it you

(02:11:24):
were calling any any music playing oranything like that? Yes? And how
was that sort of set up orhow or what was it? Yeah?
I can mostly remember it being setup from the overhead speakers in like the
in the kitchen, like in theYeah, in the ceiling. And was
that being played through somebody else's phoneor device or something like that? Yes?

(02:11:48):
And do you recall who was sortof in control or who was controlling
the music? I believe it wasCaitlin Albert and so prior to at this
point in time that you're talking aboutthe initial with was Caitlin there at that
point? Yes, she was,I'm sorry, during the point in time
when it was yourself and Miss Levinson, uh, the other four and women

(02:12:13):
that you were talking to Colin Albert, was miss alf Caitlyn Albert there at
that point? If you were notat that point, no, So that's
what my question was in relations atthat time if anyone was okay, no,
not at that time. I don'tremember. Now with respect to you
know, obviously you were. Youwere there and you were drinking people with
you recall sort of what people weredrinking. I don't know at the time,

(02:12:37):
I was drinking the Globucho's, butmostly just by Claus Beers from what
I can remember. And with anyonewithin this sort of initial group that we're
talking about here drinking any more orless than anybody else, I don't believe.
So. No. And during thissort of initial period with these initial
people, how would you describe sortof the move were going to meet with.

(02:13:01):
Yeah, everyone was having a goodtime. It was Brian's birthday,
so you know, we were therejust to have fun. And at any
point in time with this sort ofinitial group, did you see anybody go
to any other area of the housebeyond to or in the kitchen, dined
in from area. Now, atsome point did members of this sort of
initial group. Did they leave thehouse at some point over the course leaving?

(02:13:24):
Yes? And who left first?And yes, I know who left
person about what. Yeah, I'mnot sure exactly who left at what point,
but I know that Catherine Duty,Emily Fabiano, Mary Ken and Corney
Alba left, I would say,and Colin left like before midnight. And

(02:13:45):
did they all leave around the sametime or they were staggered for I would
say stagger at times. With referenceto Colin Albert, do you know about
what time he left, I wouldprobably say eleven thirty eleven forty five.
And do you have any idea sortof how Calin similar to what I asked
about the other young ladies. Doyou have any recollection as far as how

(02:14:09):
he got there or how he leftor anything like that. I'm not quite
sure. No. But do yourecall specifically seeing him leave from the house?
Yes? And which door would hehave left? I'm not sure exactly
what door, but I know someonedid pick him up, but I'm not
sure who did so. And sowhen it comes to the front door of

(02:14:30):
Fairview Road, there's two doors inthe front area of the house. Yes,
And as far as with respect eitherof those two doors. You don't
remember him leaving from some other doorin the house? Correct? Correct?
So if he left when he left, it would have been from one of
those two front doors. Yes.Now, at some point, at least

(02:14:50):
after it's Kennon Saviano, Miss Dutyand miss Alba left. Did people that
lived at the house or other peopleso to come back through the house?
Yes? And about what time wasin I'm not too sure, but I
would say a little after midnight.And so who were the first people sort

(02:15:11):
of to arrive? And they we'llcall them sort of the second I want
to. I don't remember who came, like who was first, who was
second? Like that? But Iknow who came, but I don't know
what order. And who are thepeople that came? Yeah, so it
was Nicole Albert, Brian Albert,Brian Junior's parents, Matt McCabe, Jennifer

(02:15:33):
McCabe, Brian Higgins and that's it, and Caitlin Albert. Sorry. And
so when they when they came back, as far as the the other four
women that you were talking about,they had already left z Thatch, correct,
Yes, And Colin Allen was hestill there when those people came?

(02:15:56):
Uh? He left? As well, and so Brian Albert Senior and Nicole
Albert. Was Brian oub with yourparents correct? Yes? Familiar with them
obviously prior to January twenty eight,Yes, And you mentioned Jennifer and Matthew
McKay is that correct? Yes?And were you familiar with them prior to
Janus Yes? And how are youfamiliar with them? I'm through Brian Junior,

(02:16:16):
just hanging out with them a fewtimes, so just know them through
the family. And so for thefamily, well, my next question is
what if any relationships did they haveto your friend Brian Alvitor. They are
his aunt and uncle. And thenwith respect to Brian Hayes, is that
someone that you knew prior to Januarytwenty I did not know you been the

(02:16:37):
first time that I got the therape. Correct. Yes. And when they
came into the house the sort ofsecond group, where was it that they
went and sort of congregated around thehouse. Yeah, we all were still
in the same room in the filmilyyear the floor plan, which was the
kitchen in the dining room area.Yeah, at any point in time,
Well, let me ask you ifthey come sometimes short around or after midnight,

(02:17:01):
is that fair to say yes,about how long after they arrived or
about what time was it that youleft the house for me, I'm sorry,
could you repeat the question? Atsome point you went home that night?
Yes, I would say, giveor take like one and so between
the time that they came back tothe house around well fteen or so,

(02:17:24):
Between that and one, how wouldyou describe sort of the moon and the
demeanor in the house that it wasstill all the same, Everyone was having
fun, hanging out, music stillplaying, people drinking, having a good
time. Yes. And over thecourse of this time, as far as
the group that you talked about wasin the kitchen and dining room, Mary,
did you see any of those peoplego anywhere else? I mean to

(02:17:46):
the bathroom? But I know atone point mister Albert Brian Junior's dad took
upstairs to let the dog out back. But he just opened the back door
and watched them from the door andbrought him right back up. So that
was the only time he went upstairs. But and as far as the kitchen

(02:18:07):
dining were married call sort of howpeople were situated around that area during the
time of the second group was that, Yeah, we were all sitting in
like the kitchen table. It's likea square table. So we're all just
hanging out around there some at likethe island in the kitchen, but we'll
they all just there together. Andyou were called specifically, I know we're
talking about a three years ago,your call specifically where people were within within

(02:18:31):
that area around the table. Idon't know you called where you were li
sitting like in the corner so Icould see like the island, the kitchen
table, like the front door,and like the windows. I guess where
you were seated around the table.Could you see the front door? Yes,

(02:18:54):
and so beyond the people that you'dalready talked about being in that kitchen
dining were married. And that's anybodyelse come into the house that night while
you were there and at the timeon January twenty eight, twenty twenty two,
were you familiar with either a personnamed John o'keith or a person named
Karen me No, and at anypoint in time not knowing them, did

(02:19:16):
any you see anybody else coming intothe house while you were there between that's
twelve twelve, No one else camein. Now, recall who was sort
of around you where you were atthe table immediately around your mouth, I
would say, Jennifer McCabe, SarahLevinson, Caitlin like I remember like sending

(02:19:43):
out the table like with me.Now at some point in the evening,
let me ask you this when,what, if any sort of plans did
you have as far as how youwere getting home? Yeah, I did
text my brother to see if hecould pick me up on his way home
with his friend, just on theirway home to come pick me up,

(02:20:05):
in which they did, which whichyour two brothers was saying. My brother
Ryan texted Ryan, see if youcan come pick you up? And then
you have to give him an addressor anything like that, or how did
you explain to him where you were? I just said I was a Brian
Junior's house if you could pick meup? And is that somewhere that your

(02:20:26):
brother had picked you up from onprior occasion? Yes? And about what
time? If you know what didyou send that text to your brother about
dat, I'd probably say a littleafter, probably fifteen minutes after midnight yep.
And as far as the other peoplein that second group that you were

(02:20:48):
talking about, you should be jumpfrom Ryan to get picked up with those
other people there, Yes, andcommunicated that your brother then came to the
house at some point, Yes,he did. And about how long after
you texted him did he arrived,I'm not quite sure. And when he
arrived, did he come into thehouse or did he reach out to you

(02:21:09):
in any way so let know hejust texts you. Oh sorry, I'm
sorry. Did he reach out toyou at any point to let you know
that he was Yes, he didtext me saying that he was outside,
and commerce in that text, wheredid you go? I went out through
the front door. Now before youwent out through the front door, what

(02:21:30):
if any conversation, let me strikethat as far as promises, But if
anyone, did you speak to youabout the fact that your brother was outside
of the house. Yeah, Ijust mentioned saying my brother's outside. I
do remember someone or a few Iwant to hear just a few people saying,

(02:21:52):
oh, just have your brother comein. So I went outside and
it was my brother in the passengerseat, his friend Ricky, and then
his ex girlfriend Heather. I askedthem if they wanted to come in.
They said no, I'm going tolet that stand. The next question,
so you go outside to go outsideto where your brother was right, Yes,

(02:22:16):
and you recall which of the twofront doors you used to go outside.
I use the front door front doorsand one with the brick steps.
Is that wreckt correct? Yes?You come down the brick steps, go
down the walkway. Do you recallhow you came down to where where your
brother was. I walked down thesteps, through the little path and then
down the driveway and they were parkedright in front of the driveway. So

(02:22:39):
they were parked right at the endof the driveway. Yes, And what
kind of vehicle was this that youcame up? It was Ricky's pickup truck
of Ford F one fifty. Andyou mentioned that there were three people in
the truck. Is that wreck?Yes? Where were they seated within the
truck? When Ricky was driving histruck? Ryan was in the passenger seat,

(02:23:01):
and then Heather was in the backseat. You mentioned that Heather is is
Ryan's ex girlfriend? Is that correctlycorrect? Were they dating at this time
at that time? Yes? Nowwith regard to Ricky, is someone who's
a close friend or your brother?Is that correct? Yes? I know
him pretty well. Yep. Andso you get to the truck, you

(02:23:24):
call how it was that you werespeaking to your brother Ryan? Was it
through and the windows open, thedoor or how are you communicating? He
rolled down his window. And whenyou came out to the truck at the
end of the driveway, what ifany other vehicles you see in the area
of the house on fit? Well? Before when I went outside, I

(02:23:46):
did notice another vehicle before my brotherpulled up. So you had gone outside
before your brother had or Ricky hadfully sort of parked the truck. No,
he was like fully outside already andthen I went on and it was
just Ricky's truck. And so atsome point later there was another vehicle that
came up prior, correct, Andcan you describe that vehicle for the jury

(02:24:09):
sort of what it would look like, what kind of vehicle was? Yeah,
it was a black suv. Andhad you ever seen that vehicle before?
Noe? And you go up tothe truck and you're talking to your
brother, is that correct? Yes? Now with regard to about how long
a period of time were you talkingwith your brother next, I would say

(02:24:31):
maybe three minutes max, not evenAnd did you invite your brother and his
friends inside the house? Yes?They said no, we just want to
go home, and then I waslike, we'll find out another ride home,
and so that brings me my nextquestion as far as arrangements for you
coming home, was there any priorto you coming out of the house.

(02:24:52):
Was there any awkward discussion about howyou would get home and get you go
home? Yeah, Matt and MattMcCabe and Jennifer did offer to drive me
home with I didn't want to gohome with my brother, so I just
stayed and then took that their offer. You decided you wanted to stay and
took them up on the rock.Correct. Yes, And in addition to
yourself, who if anyone else wantshome from the residents unfairly with the gates,

(02:25:18):
it was me and Sarah Levinson.If I could bring you back to
that period of time when you're outsidethe vehicle that you were talking about,
where is that in relation to thepickup truck that ricking staff? Well,
it was like the best uv wasn'tthere when my brother was there. It
was like before, like when Iwas inside, I noticed it. And

(02:25:41):
so at the time that you weretalking to your brother in the pickup truck,
was the suv still there? Idon't believe. So no, And
so where was that suv parked inrelation to where the truck was, so
when I noticed looking out the window, I did notice the suv in front
of the mailbox and then pulled upa little bit in front of the yard,

(02:26:03):
and then stopped and then pulled upagain towards the flight pole. So
you saw it in sort of threedifferent locations at the time that you were
seeing it correct, Yes, Andagain, where were you in relation to
the vehicle at the time that youmade these observations. I was inside at
the dining room table looking out thewindow. And at any point in time

(02:26:24):
did you see anybody come out ofthat? I did not know. At
any point in time, did yousee any sort of well, when you
came out initially to well, whenyou were looking out and when you came
out, recall anything about the weatherand sort of what it was doing at
that point. It was, Iwould say, like flakes of snow,
a little dust on the ground,and so from the dust on the ground,

(02:26:48):
from either the suv or the pickuptruck that Brickley was driving, did
you see any sort of like imprintsin the snow from tires or anything like
that. I don't recall. Ifyou don't call if there was that much
snow or what a world? Correct? And as far as anywhere in and
around where you had seen, yes, you did either of the three spots

(02:27:09):
that you saw it. Did yousee any sort of like footprints and snow
or on the ground or anything likethat, And you saw did you see
inside of the vehicle, see anybodyinside at any point in time? And
you never saw anybody get out ofthat vehicle at any point any of the
three different points where you saw it. Part correct, I did not know

(02:27:31):
when you saw the vehicle parked atthose three sort of separate different locations,
was the vehicle on was it running? If you could tell, I'm not
sure. No, I may approachyes, h yah h yah h m

(02:28:24):
hm. Hey, I'm going toyour attention to see what you see.
Mark, You can see the seventyone, seventy two, and seventy okay,
right now, I'm just gonna askyou to take a look at those
and look up when you finished,and at some point I may ask you
to use this, which is thelaser point impress on that pointed. Okay,

(02:28:45):
So first of you could just lookat seventy one, seventy seventy all
sudden generally with respect to those threephotographs. Do you reckon I what's depicted
in? Then? Yes? Whatdo you recognize that it's my friend Brian
Albert Junior's host. Is that roughlywhat the house looked like at the time

(02:29:09):
of January twenty twenty nine, twentytwo? Correct? Yes, I could
ask you to first just back tothe first one that I showed you were
good seventy and one, and you'reon with the court sumission. May I
published that the majority the time.Okay, and so is nago di directing

(02:29:35):
your attention on the street above you, SORR to your right, this is
what you're out for years? Agroup was seventy one? Is that correct?
Yes? You could using the layserpointer that's on the desk in front
of you, keeping record durious attentionto the door that you were talking about
when you came out in order tocome down and talk too well with your
brother in law. Yes, thatone right there now, respect park when

(02:30:01):
you came out to speak with yourbrow your brother Ryan. Where where was
the truck park? The truckles partsright here? And with perspect that vehicle,
the black suv. Where was wherethat vehicle was initially when you saw
it? Is that theres a rolein this photograph. Yes, and if

(02:30:24):
you could record your attention where that, If I could draw your attention to
the next executive sash flip to EXIthe setting students Kilman, if I can
have out again what's up on thescreen. Is that what you have before
you as you did the sets?Yes, Now the second position that communicated

(02:30:45):
you observed that black asu be inwith relation to the house, So it
uses the later want to draw thejury's attention where that was conjunction sidebar to
your own? All right, wouldI just feel free to stand up?

(02:31:11):
Well again, its enabled directing yourattention up to what couple on screens Exhibit
seventy two communication and that's one doesthe solid vehicle from inside the house at
three different yes, communicated the firstpoint the last photograph is the second point
that you saw the vehicle in.Is that fictive in this photograph? Yes,

(02:31:33):
before you're using lazer direct attention tothat second. If I can actually
just a flip to the next exhibitionof seventy three, it's gonna like t
out and its enabled with regard tothe third point or the third different indication
that you observed that black that shouldbe on that morning if that is a

(02:31:54):
willing this photograph. Yes, andagain using the lasst er, if you
could during attention where you observed itat the third that's all with this miscoming.
You can take that. Thank you. You speak with your brother outsides,

(02:32:18):
and then at some point after acouple of minutes, come back inside.
Is that correct? Yes? Andthe people that you had mentioned that
we're in the kitchen and dining roomarea, were they still in that area?
Yes? And at some point overthe course of the evening things eventually

(02:32:39):
start to wind down and people areleaving the house. Is that correct?
Yes? And you recall what orderit was that the people left the house
on that one. I'm not quitetoo sure now. And with respect to
yourself, indicated that you left withmiss Levinston and the mc rrect Yes.

(02:33:00):
And do you recall if anyone elsewas president the home when you left.
I'm not sure no. And sowhen you left, how was it that
you came out of residence of thatout the front door? Thank front door
that you would indicated her. Yes, So let's move on with which door?

(02:33:22):
Please you come out from that door? Where was the VI went into
Matt and Jennifer's car. You callanything about the car, what type of
car was or it was an suv, but I don't know what kind it
was. And where was that vehiclepark when you went over to I was
in the driveway, And you recallsort of how you came from the front

(02:33:46):
door to the drive just walked onthrough the path of the pathway in the
front yard and then out the doorthe sort of along the brick path through
the driveway to the car. Yes, recall when you got in the car,
where it was you were seated,and where anyone else was seated in
the car. Yeah, it wasMatt driving, Jennifer in the front,

(02:34:09):
and then me behind Matt, andthen Sarah next to me in the back
behind jen Now after you get inthe car, about how long was it
before the car backside of the driveway. I'm not quite too sure. And
what if any conversations you recall asfar as going on during that period of

(02:34:30):
time prior to the car back andout to go, I don't know.
I don't remember now when the vehicleleaves from the house at some point it's
going by correct, Yes, whichside of the mccage's vehicle was facing sports
a house. And by that Imean was it side you were sitting on

(02:34:52):
on the side that level beside thatSarah was sitting on, and that would
have been the passinger side of thatground. Yes, And at the time
that the vehicle was driving by thehouse, what is it that you were
doing? At that time? Wewere having a conversation. So Jen was
kind of facing towards the back towardsme and Sarah. We're talking about making

(02:35:13):
peebe and jelly sandwiches because there wassome peanut butter and jelly and bread in
the car, so talking about that. But yeah, and so with mister
Kay, is if she's in thefront seat, is that right? Yes,
and she's talking to you and missLevinson correct, yes, And how
is it that she's talking to youwith relation to the seat that Yeah,

(02:35:35):
I would say she was kind ofturned back a little bit towards us in
the back seat. And what I'masking is she turned towards sort of the
center of the vehicle. She turnedtowards the window next towards towards the center
of the vehicle, and you're speakingto her and Miss Levinson correct, Yes,

(02:35:56):
I'm facing towards Sarah and Jen andwhich direction is Sarah face again you're
having towards me and as you driveby, uh oh, what if anything
did you? I did notice behindSarah and Jen, I did notice a

(02:36:16):
like a something out of the ordinary, like a black blob in the ground
by the flagpole. And from whereyou were situated in the park, you
know, sort of what was thelightning like over in that area of the
yard that you saw. It waspretty dark out but the snow was kind

(02:36:39):
of heavy at that point, soI couldn't really see too much. But
coming down at that point, andif you know about where in relation to
the flag hole was this black objectthat you saw, I would probably say
like close to like the street,but like in their lawn kind of in
front of the flat pole next toit. Now, I'm sorry to do

(02:37:07):
this again, but miss Gilman,your with the court sum mission. I
would just ask them exhibited number seventytwo be back up on the screen.
I'm sorry, I should actually askfor it to the number. Yeh,
Mis Sagan looks. I could askthe area where you saw this black object?

(02:37:31):
You see that area picking on theprogram? Yes, if you could
use the laser points where Dry's attentionto where a specific vision be where your
reserve. Now, as the vehiclesgoing by the house as you make that

(02:37:56):
observation, what if anything did yousay in the backseat of I did say
out loud, I was like,I think I might have saw something.
I'm not kind of sure what itwas, but I was also intoxicated drinking,
so I didn't really know what waswhat it was what I saw.

(02:38:16):
But Sarah was like, what Julie, And I was like, I don't
know what it was. And thenthat was kind of really it and that
was sort of the end of theconversation and reference to that. Is that
correct? Correct? Yes, theyhave a moment in your arm. Okay,

(02:38:54):
this mago. If I could asone more question with regard to the
object that you saw in that areaof the flag hole, can you describe
how big an object it wasn't yourself, I would probably say like five or
six feet like long. But andat the time that you're driving by at

(02:39:18):
that point to tell what it was, I'm not quite sure. No,
it was just too kind of quick, too quick to tell. Hey,
I think, thank you, thankyou many, thank you. Man definite

(02:39:41):
in his name, good afternoon.On January twenty eighth the twenty twenty two
You got to thirty four Fairlo Roadat above six or seven pm? Correct,
and you didn't leave until one thirtyor two A correct around there?
Yeah? Okay, so they areapproximately eight hours. I'm not really sure

(02:40:07):
about the math, but I guessso a lot of hours. Yep.
Other than the people who lived atthe home and slept there, you were
one of the ones to spend themost time there that night. Correct.
I'm not sure you got there early. You got there early, correct,

(02:40:33):
yes, and you left late correct? Yeah, and you were inside almost
the entire time correct, Yes,so you came in contact with just about
everybody who came into that house correct. Yes. And you know that everyone
who is in the house that nightis a witness and this case. Correct.

(02:40:54):
Yes. The only time you wentoutside before you left was and your
brother Ryan arrived, correct. Yes. And even when you went outside,
you stayed on the Albert property,did you not? Yes? I did.
And you had some contact with yourbrother out there, correct, Yes,
And you know that he's a witnessin this case as well, correct?

(02:41:16):
I do. Yes. And despitehaving contact with all of these witnesses
in this case, Trooper Proctor didn'ttalk to you on January twenty ninth,
did he no? Or the restof January or the whole month of February?
Correct? Correct. We didn't interviewyou about these statements that you're making

(02:41:39):
today until October of twenty twenty two. Correct, If that's what it says
on paper. Yeah, October five, twenty twenty two. Does that sound
right? I don't know. Itwas many months after January twenty ninth,
correct, Yes, over eight monthsafter John o'keef was found dead on Brian

(02:42:01):
Alberts line. Correct if that wasthe time frame. Yes. And when
he spoke to you on October five, Trooper Proctor asked you for the first
time to remember the details from eightmonths before that. Correct if that was
the time frame. Yes. Andyou are good friends with Sarah Levinson correct,

(02:42:24):
Yes, certainly over the last twoplus years, the two of you
have discussed what happened on January twentyeight and twenty ninth. Correct. Yeah,
And you know that Michael Proctor onlyinterviewed you after the defense in this
case made him file the motion toget Sarah Lebinson's name from the DA's objection.

(02:42:50):
The objection sustain Next question, So, you've known Brian Junior since your
sophomore junior year correct, Yes,and you actually graduated in high school in
twenty sixteen correct. Correct, Butyou've known him since twenty fourteen or fifteen,
yes, sine or ten years?Yep, he's a good friend.
Yes, he's a close friend ofyours. Correct. Yes, And on

(02:43:16):
January twenty eighth of twenty twenty two, you were one of the select group
of his friends who went to hishouse to celebrate his birthday the following night,
right, yes, And you don'tgo to somebody's house whom you graduated
high school with ten years previously tocelebrate their birthday if they're just an acquaintance.

(02:43:41):
Correct jection, I don't know.I'll at the witness of the answering.
When you got there. Other thanSarah Levinson and yourself, everyone at
the house was a member of theAlbert family. Correct. Can you refrain
the question please? Sure? AndSarah Levinson are not actually Albert's correct correct?

(02:44:03):
Yes, everybody else at the housebooks when you got No, you
named Brian Albert Junior. Correct,Yes, Julie Albert I did not know.
Nicole Albert I did, Yes,Caitlin Albert, Yes, Brian Alberts
Senior might have been there. Yes, and you knew the Alberts well enough

(02:44:26):
to know the names that we justdiscussed. Correct. Yes, and in
addition to that, the mccabs wererelated to the Alberts. Correct. Yes,
And you knew Jennifer and Matt McKaybefore that night, right I'm sorry,
Yes, before January twenty eighth totwenty twenty two, you knew Jennifer
and Matt McKay. Yes, youhad been to their home before. Who's

(02:44:48):
home the McCabe's home. I don'trecall you're driven their daughters around? Correct
I have Yes, and you wouldactually pet Sad for the McCabe's golden doodle
correct correct, yes home. Yes, and so the answer to my previous
question is certainly you've been to theirhome. Correct Yes, and their golden

(02:45:11):
doodle was named Bailey. Correct.Yes. In fact, you knew Jennifer
McCabe well enough that you called herby a nickname. Correct. Yes,
it was the nickname that you referredto Jennifer McCabe by JJ. And you
knew that JJ was Nicole Albert's sister. Correct Yes. Now, on the

(02:45:37):
night of January twenty eighth into thetwenty ninth, you saw Brian Albert Senior
after he came back to thirty fourthFair Correct. Yes, you were on
the first floor of that residence thewhole night, were you not? Yes,
And you have a specific memory ofBrian Albert Senior walking Chloe to the

(02:46:00):
first floor of that house. Correct. Yes, When Brian Albert Senior was
walking Chloe from the first floor ofthat house, he maintained control of Chloe's
calling, did he not? Hedid? Yes? You like dogs,

(02:46:20):
right, I do? But youdidn't pat Chloe correct I have yes that
night. No, you've never petsat for Chloe. Correct No, but
you did hang out regularly at theAlbert home for years because of your friendship
with Bryan Junior. Correct yes,which meant that you have had contact with

(02:46:45):
Chloe over the years. Correct Yes, And you would agree with me that
Chloe is a very different dog thanBailey than the Cave's goal with you.
Correct, sister, Bailey is afriendly dog, is he not? Chloe
is not friendly? Correct action.I'll let you have that. Can you
answer that? Can you repeat thequestion? Yes, Chloe is not a

(02:47:07):
friendly dog. I mean I wouldsay so. Yeah, it was clear
to you that she is not goodwith people. Correct, I'm not aware
on January twenty eighth and twenty ninth, while you were in the kitchen dining
room area. You'll agree with methat there was music playing for most of

(02:47:30):
them, correct, for a decentamount. Yes, And that area of
the house has the surround sound speakers. Yes. Everybody was in a good
mood correct, Yes, talking,yes, ranking, yep, singing.
I don't remember answering. Yeah,And all the action was in the kitchen

(02:47:52):
dining room area correct. Yes,And that was where your attention was mainly
focused, was it not? Itwas, yes, because that's where everybody
was. Yes. You were notmonitoring the basement door, were you.
No? And you never went downto the basement correct, No, I
did not. Prior to January twentyeighth of twenty twenty two. You knew

(02:48:15):
who Colin Albert was. Correct.Yes, you knew that he was your
friend Brian Junior's first cousin. Right. Correct. When you were at thirty
four Fairview, you did see Colinthere? Correct? I did. Yes,
I believe that he got there shortlyafter Nicole Albert Keith went Albert and
Julie Albert left the residence. Correct. I at some point. Yeah,

(02:48:39):
And you say at some point that'sbecause you're not sure of the exact time
when he got there, correct.Correct. You're not also not sure of
the exact time when he left.Correct. I would say eleven thirty eleven
forty five around there. He wasn'tsomebody who was important to you that night,
was he not? Really? No? You weren't paying attention to monitor

(02:49:07):
when he came or when he left, were you? No? I said
no, You never physically watched himwalk out, correct? And I don't
remember. You can't even say whichdoor he walked out, correct. I

(02:49:28):
don't know. You never saw himget picked up. I did not know.
You never saw any car arrive forhim. I don't know. And
you never saw how he got home. No. Now, on January twenty
ninth of twenty twenty two, aftermidnight, your brother Ryan Nagel, and

(02:49:54):
you lived in the same home correctat the time, Yes, at about
twelve fifteen to twelve twenty, youtexted your brother Ryan for a ride home.
Correct, if that's what the timestampsays. Yes. Do you have
a screenshot of that text message somewhere? Yes? Did you provided that to

(02:50:18):
any investigator or assistant district attorney.I don't remember. You recall whether any
assistant district attorney or investigator asked youfor a copy of that text message.
I don't know. Is that textmessage still on your phone? I don't
know. Did you delete that textmessage? I don't know. So let's

(02:50:39):
move this along this union. Whenyou texted Ryan that night, you were
contacting him because you thought it wasan appropriate time for you to leave.
Correct. Yeah. How long didit take your brother Ryan to get to
the Albert Cone after that text message? I don't know. Was it an

(02:51:01):
hour? I don't think so.No, was it a half hour?
I do not know. So youhave no idea how long it took him
to get there, and how longyou stayed after you texted it? Correct,
I don't know. No, bythe time you're texting Ryan, Miss

(02:51:22):
Nagel, how much do you thinkyou would have to drink since six or
seven pm? A decent amount?Would you say that? Another word for
it would be a lot? No? What were you drinking that night?
Nickel ultras? And how many didyou have? I don't know. I

(02:51:46):
don't remember. Did you bring yourown vultus to the party? I don't
know. You don't remember whether youbrought any beer to the party. I
don't know where was the beer,either brought it or I don't know.
I don't remember two and a halfyears ago. Where was it in the
home and the fridge? You haveno memory of like running out of the

(02:52:13):
fear that night, correct, Idon't remember. Now. There appeared to
be plenty of year to go around. Correct for myself. Yeah, between
the time that you texted your brotherRyan and the time he arrived there to
say that you changed your mind aboutgoing home with him. Correct, Yes,

(02:52:37):
you changed your mind while you werestill inside the Albert home. Correct.
I did not say that now,Well, I'm asking you now.
No, you changed your mind onlyafter you left the residence and went out
to talk to him. Yes,you claimed on direct examination that he was

(02:52:58):
the one that said why don't yousay longer? No, that's not what
I said. That said that youwant to stay longer? And I myself,
So you told him that you wantedto stay longer? Correct? Yeah,

(02:53:20):
I did, And when you wentoutside learned that he had come in
his friend Rick Is it Ricky d'Antino? How do you pronounce it's Ricky D'antanoo,
he had Ryan had come in Rickyd'antano's gray Ford one fe f one
fifty trunk. Correct. I'm sorry. Can you repeat that I put your

(02:53:43):
death. When you went outside,you saw that your brother Ryan was in
Ricky Dantano's gray Ford f one fiftytruck correct. Correct. Yes, he
was sitting in the front passenger seatof the truck. Correct Ryan. Yes,
the truck was parallel to the Albert'sresidence. Correct. Yes, it

(02:54:07):
was not parked in the driveway.No, the truck was facing toward Chapman
Street, but going up the hill. Correct. Yes, so Ryan's seat
would have been the closest to theproper right passenger seat, I'm sorry,
closest to the what to the Alberthome? Yes? Correct? You walked

(02:54:28):
down the driveway to get to thetruck. Correct. Yes, xsuv was
in the driveway at that point,was it not? Yes? And at
that point it's like that I wantto go back if I can when you
were inside out, because you wouldtestified that when you were inside you looked

(02:54:50):
out the window and you saw adifferent view. Correct I did, yes,
black suv. Yes, And you'vetestified that you saw that from within
the house. You saw that blacksuv moved two times, correct, more
than two. So it was thefirst part near the mailbox, yes,

(02:55:11):
And you saw it moving forward right, Yes, And then you saw it
move forward again to near the flagpole. Correct. Yes? And was there
a third time that you saw itmoved. I saw it pull up,
stopped, pull up again, stopped, pulled up again by the flagpole,
stopped. That's all I saw,all right, And that was all while
you were inside the correct. Correct. Yes, it was pulling up like

(02:55:37):
that, missus Nigel. It wasn'tgoing eighty miles an hour. Correct,
it was not. No, itwasn't going fifty miles an hour. Correct.
I mean I don't. I didn'thave a radar gun on me.
But no, it was going ata safety see correct. Yeah, it

(02:55:58):
wasn't going a very long time.That's correct. Each time. No,
it's a matter of several feet correctadjusting its position. Just pulled up and
stopped a few times. Right,And as you saw it pull up and
stop a few times from within thehome, its direction was always forward,

(02:56:20):
correct from what I saw. Yes, you never saw that car back up,
correct. No, you certainly neversaw it speed at a crazy pace
backwards. Correct objection. Objection sustained. Now, I'd asked you about the

(02:56:46):
text messages that you had with yourfriend Ryan, and you could not recall
whether any investigator or assistant district attorneyasked you for screenshots of that. Correct
my friend or my brother? Isay a friend. You did, Yes,
Thank you for correcting me. Idid leave your brother Ryan, Thank

(02:57:07):
you. And I appreciate the factthat you're playing attention. At least one
of us is yeah. So whatI asked you about the screenshots of the
text messages that you had with yourbrother Ryan, and whether any investigator or
assistant district attorney had asked you forthem? Correct? I don't remember you
didn't remember, right, but somebodydid ask you for a screenshot? Correct?

(02:57:33):
Yes? Was that JJ mckabe,And by JJ you mean Jennifer McKay.
Correct, Yes, when JJ askedyou? Do you remember when it
was that that JJ Jennifer McCabe askedyou for a copy of those screenshots?
I do not remember. No,did you provide them to Jennifer McKay?

(02:57:54):
I did, Yes, did JenniferMcCabe when she asked you to provide her
in those dreams claiming that she wasan investigator in this case action you can
answer that. Do you mind repeatingthat? Please? When when Jennifer McKay
as you called her, JJ,asked you for screenshots and the text messages

(02:58:18):
that you had with your brother Ryan, did Jennifer McCay tell you that she
was investigating this case and you haveno memory of providing those screenshots to any
investigator other than Jennifer mccaby. Correct, I don't remember, no. Okay,
Now, when you're ultimately leaving theresidence, it's about yea. I

(02:58:45):
think you've said one am is yourbest guest. Yes, you walked out
which door the front door, andthat would be the one to the left
right, the real front door ofknocks, yes, correct, that faces
right to the front lawn. Correct. Yes, you left with Jennifer McCabe,
Matthew McCabe, and Sarah Levinson correct. Correct, and you all went

(02:59:09):
out the same door. Correct.I know what door to I don't know
about could have been. I don'tknow if they went through the side.
But yeah, fair to say thatwalking out the front door of that house
unit, you saw no body onthat front lawn in front of you.
Correct. When I walked out.Correct. No, none of the other

(02:59:30):
three people yelled out that they sawa body correct. Correct. You got
into Jennifer McCabe's vehicle, correct yes, and you were seated behind the drive
correct yes, And the driver wasMatthew McKay correct. Correct. Jennifer mccaby
was in the front passenger seat.Yes. Sarah Levinson was sitting next to

(02:59:50):
you behind the front pass correct.Yes. Matthew McKay backed the car out
of the driveway and then headed uptoward Chapman Street. Correct. Yes,
that meant that the passenger's side ofthe vehicle was closest to the Albert home.
Correct. Yes, So that meantthat Sarah Levinson and Jennifer mccab were

(03:00:11):
in the seats that were closest tothe Albert home. Correct, I'm sorry,
could you repeat that? Sure,As Matthew McCabe was driving that vehicle
alongside the Albert property line, JenniferMcCabe in the front passenger seat and Sarah
Levinson in the rear passenger seat werethe closest to people to the Albert home.

(03:00:31):
Correct. Yes. And as thecar passed in front of the Albert
home, you saw no tire tracksin the snow. Correct, I don't
remember you claim now to have seena black object in the snow. Correct.
Yes, object is the term thatyou used when we're finally interviewed about

(03:00:58):
this matter. Correct, a blackobject. Yes, you never before ever
told any investigator that what you actuallysaw was a black law. Correct,
And I don't remember. And youalso never ever told any investigator that this

(03:01:28):
black object that you described was actuallyfive feet or six feet long? Correct?
Correct? Yes, the very firsttime you're now mentioning this sessiony that
this black object, as you describeit was actually five or six feet long,

(03:01:48):
was just today after twelve noon,on May fourteenth of twenty twenty four.
Correct, y me how big itwas? So I just told them
right now? Yeah. Yeah.When you say Lally, you mean mister
yes, mister Loally. Correct,Yes, mister Lollly just asked you during

(03:02:11):
this trial again, right before thisjury. That's the first time you've ever
been asked or have given an answeras to how big that object was.
Correct? Not necessarily. No,did you review any report that was taken
when the investigators spoke to you regardingthis case before taking the stand today.

(03:02:35):
No, you've never testified in agrand jury regarding this case. Correct.
Correct. You've never testified in anyhearing regarding this case. Correct in this
hearing in this case besides today,No, And you would agree with me

(03:03:03):
that it is nowhere on record thatthis black object that you talk about was
ever five or six feet long priorto telling the jury that today, chection,
you have to ask that different.Rosny. Today, this afternoon is
the first time that you've provided testimonyor information to any official regarding this case

(03:03:28):
that the object was five or sixfeet long. No one, I'm sorry.
No, Who did you tell meprior to today about what? Okay,
I thought we were talking about thefact that you now specified that this
black object was five or six feetlong. We call that today. Yes,

(03:03:50):
And my question to you was,you've never mentioned that this black object
was five or six feet long untilthe last hour or so when mister Lalley
questioned you about it. Correct.Yes. Now, when you were passing

(03:04:11):
the property, you did not thinkit was a body at the time.
Now you claim that you told everyonein the car that you saw something.
Correct, Correct, And your friendSarah said what or something to that effect.
Correct, Correct, And there wasno further conversation after that correct,

(03:04:35):
not that I can remember. No. And you didn't think that it was
a person who was in trouble correctinjection. Did you think that at what
times? To when they're when youwere leaving the property, after leaving the
house at one am and getting intothe vehicle and passing that the Albert lawn,

(03:05:01):
you did not think that you sawa person who was in trouble.
Correct, No, or a personthat may have needed help. Correct And
I don't know. No. Andyou were right there correct, passing the
property. I was passing the property. Yes, I as close to the
property as your friend Sarah Levinson.But you were in the back seat on

(03:05:22):
the driver's side correct. Correct.And you were in a car such that
if you thought that you saw somethingthat could have been a person, all
you had to do was tell thedriver. Correct objection sustained. Did you
tell the driver that you saw somebodywho was in trouble? Well, I
said it out loud in the car. So is it your testimony now that

(03:05:48):
you said out loud in the carthere's a person who's in trouble. That's
not what I said. No,you didn't mention a person at all in
the car, correct. No,did not tell Matthew McCabe, hey,
stop the car. Correct. Idid not know if you had seen a

(03:06:11):
person in so lying there, youwould have done something about it. Correct,
Estein, You didn't ask Matthew mccabto stop. No, you didn't
ask him to back up. No, you didn't ask him to check on
whatever it was. Oh, No, you had your phone with you?

(03:06:35):
Correct? Yeah, your phone wasworking. Correct. I don't remember you
use that phone to text your brotheran hour and a half before. Are
you testifying today that your phone wascompletely out of charge? I don't remember.
No text your good friend Bryan AlbertJunior to tell him that you saw

(03:06:58):
somebody on a front lawn? DidI text him? Yes, that night,
as you are supposedly seeing this blackobject jack, the immediate aftermath of
that, did you text Brian AlbertJr. To tell him about that black
blak? So in that form itsustained ask a different You had your friend

(03:07:20):
Sarah Levinson with you? Correct?I did in the car? Yes,
I knew she was a nurse.Correct. Yeah, you didn't tell your
friend Sarah that you just saw somebodylying in the snow during a blizzard who
might need some help? Correct?I did not know that Brian Junior's father
was a police officer. Correct.Check. So let's move this. Are

(03:07:41):
you just about done with this lineof question? I'll give you a little
bit more, a couple more questions, go ahead. I knew that he
was a police officer, correct,yes, and obviously a first responder as
a police officer, right. Yeah. And you knew that that was Jennifer
McCabe's brother in law. Correct yes. And Jennifer McCabe was in the car
with you. Correct yes, Oh, Jennifer McCabe or JJ to call her

(03:08:03):
brother in law? Correct. No. The fact of the matter is you
did nothing right. Yeah, andthat's because you did not see a body
on that lawn. Correct. Objection? Is that true? Can you answer
that? I'm sorry? Can yourepeat the question? You didn't see a

(03:08:24):
body on that law? I mean, I don't know what I saw,
but I saw an object. Youwere drinking for hours? Is that a
question? Yes? You were drinkingfor hours, is that correct? Yeah?
And you were intoxicated as you wereleaving that home. Objection? Were
you Yes? You were drunk?Right? Some would say yeah, you

(03:08:48):
would say yeah, you believe that. Except for Matt McCabe who was driving.
Everybody in the car was drunk,right, Jaction. I don't know.
I'm gonna want any answers to youhave previously testified. I'm sorry to
strike that you have previously given astatement indicating that you believe that everybody in

(03:09:16):
that car except for Matthew McKee,was drunk. Do you deny that?
I don't remember at this moment,all right. You told investigators that when
Brian Albert Junior called you the nextmorning and you found out about the tragedy

(03:09:39):
the previous night, you quote puttwo and two together, correct? I
did, yes. And when youput two and two together, you did
not call the police. Correct?I did not know? Don call the
state police? Correct? Nope,not called the district attorney's office. No,
you would agree with me that youjust sat this revelation. Correct,

(03:10:03):
What action you're on? Okay,that's sustained in that form. And you
were not interviewed by any investment leaderin January February Marcher anytime over the spring
or summer of twenty twenty two,correct, I don't remember the timeframe,
but not right after. No,And when an investigator finally spoke to you,
it was Michael Proctor. Correct.Correct, he was the one who

(03:10:24):
took your statement on October twelfth oftwenty twenty two. Correct, if that
was the date and time. Yes, and that was over eight months after
you were driving past the Albert Holmeat around two am while you were drunk
and supposedly seeing some black object.Correct before two am? Yes, And

(03:10:48):
you know, miss Nagel that asof October of twenty twenty two, the
defense that in this case had publiclyannounced that injection. So that questions improperly,
I'm going to strike that question.Mm hmm. All right, so

(03:11:13):
we're going to break. I haveto bring you back tomorrow, okay,
okay, So jer please do notdiscuss this case with anyone. Don't do
any independent research or investigation into thiscase. If you happen to see here
or read anything about this case,please just regard it. That is,
and we'll see it to a wholeday. I don't know. You can

(03:11:43):
stand, you can stand, andthen the last I can go. Okay,
Jo, I think you thank you? Yes, right, toy,

(03:12:13):
I haven't really looked out this yet. Are you going to do this?
So you can come in and we'lldo it right now if you want Okay,
sorry, maybe we approached this thatthe council. We're still we're still
on the case, so wha don'tyou come on up? Goodbye,