Karen Read murder trial Day 8 – Albert family testifies

testimony continues this morning in the Karen Reed murder trial let's listen in watch Step Up ask hav give the court inuring the case now here the truth the whole truth and nothing about the truth so help you go yes I do thank you gotcha thank you anytime you're ready Mr L thank uh good morning good morning sir could you uh please state your name and spell your last name for the jury it's uh Christopher Albert uh a lb r t and uh where do you live sir I live at 22 Maple Street Unit L Canton Mass and uh how long have you lived there uh almost two years we sorry go ahead and uh how long have you lived in C uh since 1974 and so pretty much your whole life pretty much since I was four and prior to living uh Maple where did where did you live in Canton before that uh seven Meadows AV uh in Canton and how long did you live at seven Meadows from 2001 to 2021 about 20 years and uh who if anyone you live with now I live with um my wife Julie uh my oldest son who just came home from the Navy um my middle son Colin and my youngest son Dylan and uh how long have you and and your wife Julie uh been married uh roughly gosh she going to kill me um 21 years around 21 years you mentioned you and your wife Julie you have three sons y um and how old are they my oldest is 25 uh my mid old is 20 and my youngest is 16 now uh do you work sir yes I do what do you do for work I'm self-employed I own a a small pizza shop what's a what's the name of the pizza it's called Deanie pizza and how long have you have you owned that 25 years this match and uh prior to that did you work sort of in the same industry same industry pretty much my whole life and uh does your wife work she does not um does she help out with the the DNA pizza shop she does some of this behind the scenes stuff yes now when you lived on Meadows Avenue uh did you have occasion to become familiar with someone named John O yes I did and how is it that you sort of how is it that you knew John um so he he bought the one Meadows AV the top house um I don't know exactly maybe like 2017 so he became my neighbor and I guess just from me driving by his house and coming home I saw him would wave to him and stuff and that's how I initially became to know who John was and you mentioned he bought the house at sort of the the top of the street is that correct yeah it's the very if you're coming off Pleasant you take a down Meadows it's the first on the right and then um on Meadows app about how many how many houses are on meows uh well between us or all down the whole street you mean first down the whole street and then between yeah so roughly on that whole street I would say there's like close to 30 houses from top to bottom on both sides and then how about in between one and seven so there's two there two houses between uh mine and John's and uh your hous is both odd numbers are they on the same side same side yeah now you said that that's how you initially came to know John O'Keefe uh how did your relationship sort of uh go on from there so over the years like um he he was friendly with some other folks that I was friends with um so I we maybe be out occasionally and bump into him but he would also come to my pizza shop a lot um he would take his uh his nephew um Patrick in my pizza shop a lot so it was not uncommon for him to stop by a couple days a week usually just grab a slice now um you grew up in Canton correct yes and uh do you have any siblings I do I have six and um what are what are the names of your six so my oldest is uh my older brother Brian um uh I have a sister Kathleen um I have a young she's older than me and then I'm next in line and then I have a brother Kevin then a brother Keith Brendan and Timmy seven o where is it that you sort of fit in in that sort of I'm the third oldest now your older brother Brian what does he do for work he's a Boston police officer or he was he's recently retired and uh your brother Kevin what does he do he's a Canton police officer and John o'keef were you familiar with what he did for yes yeah I knew he was a Boston police officer as well now sir if I could turn your attention to um January 28th 2022 do you recall that day yes I do and uh do you recall what day of the week that was was a Friday I believe and uh we be working at the D pizza shop on that day I was and at some point in time in the afternoon uh who if anyone of note sort of came into to De John came in that day with his uh with his nephew Patrick and uh you recall what what did they get that day think I think this got two slices of pizza if I recall correctly and what if any conversation did you have uh with Mr as far as plans for later in the year so he asked me if I had any plans that night and I said um unfortunately it's Friday and I'm working pretty much till close and uh I said but it's my nephew's birthday and I know a bunch of people are heading out and I was planning on meeting up with them later when I got out of work so I uh I think I said to him um no I said to him I'll uh I'll shoot you a text later if you're around maybe we can hook up so in that sense sort of how would you describe your your relationship with Mr O that was a good relationship yeah would you consider yourself friends yeah absolutely now um pushing forward uh on January 28th uh about what time was it if you know that you sort of closed up shop that night so the shops stays open till 10: um I know that I I I left some time a little bit before 10: um I had my wife Dro me off some clothes in the was like a ritual she would because I those nights are tough for me to get out early and go home so she dropped me off some clothes and uh I remember just changing quick washing up a little bit and then leaving so I think I left before the store actually closed a few minutes now during the time or prior to you leaving uh the pizza shop what if any conversation uh via text that you you have with Mr O um he asked where I was I said I was still working um and he said something like uh why don't you talk to the boss see if you can get out of there and I just said I'm married to this place it's tough um I'll text you when I leave and then um then I shot him a text I think when when I got down to waterfall and I said uh where are you and go and where did he say that he was he was at cf's CF McCarthy's you familiar with uh both of those establishments as far as CF McCarthy and waterfall yes I am and with regard to your pizza shop uh where is C McCarthy's loation to that and where is waterfall place so if I was sitting at my front door looking out CF mccy would be to my right and waterfall would be down the street diagonal maybe like 200 Ys on the opposite side of the street uh so both sort of walking dist from where you were yeah yeah now your home on Maple where is that in in relation to those businesses on watching stre including your own so Maple Street is like um probably from my pizza shop is maybe like a 5 minute walk you know it's not far um in a little closer to Waterfall so maybe it's like a 7-minute walk from d and like a 5minute walk from waterfall and are there any sort of um in the area where you live is there any sort of like Town buildings or anything like that yeah so um the I kind of live behind the library like you take a left on Maple and the library is like two buildings after me on the left hand side um and then the town hall is a little further down on the right and uh the library that's around where you live is that the only Public Library that's the uh I besides what's inside schools yeah that's the only Public Library and uh so again I'm sorry about what time is it that you leave D to to go to waterf just before 10: maybe like 9:50 is and as far as uh meeting up with people who is it that uh directs you to to go to Waterfall specifically I think my wife said are you coming down are you are you there um she was down there so I had a conversation with her I think that's how I headed down there you went there to meet your wife correct yeah yeah she was down there and you've been to the waterfall before yes and so when you walk into the waterfall um where did you go as far as if anyone did you recognize when you came so it's pretty much when you walk in it's just kind of like open and uh my wife was there uh Matt was there Matt mccab was there jeim mccab was there um my sister-in-law Nicole was there my niece Caitlyn was there um I think when I first walked in that's who was there and uh you mentioned Jennifer and Matthew mccab is that right yeah and how do you know them uh oh well I grew up with um I didn't grow up with Jen she's younger than me but um she's she's lived in Canton for a long time she's uh my brother Brian is married to her sister Nicole so I've known her my pretty much my whole life and you were testifying earlier about some of the people that you and Mr o'i sort of knew in common would Mrs McKay be one of those people yes yeah and when you walk in um relative to The Establishment uh whereabouts were were those people situated so they were on like a table that was close to the bar it's like set up they have like three tables in a row and they I think we were the maybe either in the middle or the next table to the bar with those three sort of tables together if you know about how how long a table are we talking about I would say they're about a six foot table and was this a low top high top or something it's like a high top and located close to the bar is that correct yes what if anything do you recall from that evening as far as entertainment uh within within the waterfall there was a live band that was playing to the side about how close to to your table was a live man oh within like 6 or 7even ft probably fair to say pretty loud in there pretty loud yeah and when you walk in where do you sort of where do you go in in reference to sort of the other people that the there I go right over to the table and um I think I walked right over said hello to them sat down and uh what if anything did you order when you got there um I ordered a beer and did you uh did you eat while you were there as well I did yeah I was staring I didn't eat all day so I um ordered some food appetizers and throughout the course of the evening um um what is it you're at a bar so you're drinking correct sure and uh what are sort of what were you drinking uh Mite is that sort of normally what you would drink when you go out yeah now you mentioned that initially when you get there it's yourself your brother Brian his wife uh the mccabes and your niece Caitlyn is that correct no my brother Brian wasn't there yet okay yeah it was it was jeen McCabe Matt McCabe my wife um Caitlyn and Nicole thank you for correct yeah no problem sorry so at some point shortly after that or at some points uh who if anyone else arrives and and sort of joins your your table your group so uh my brother Brian and um and a a gentleman named Brian Higgins they came and joined us and is Brian Higgins is that someone that you had met previously yeah a few times um and how did you know him um I don't know how I initially met him but um just probably just seen him around I I knew that he he worked um as an ATF agent I knew that he he um had he worked inside the Canton Police Department so I think I knew him from that just being around fair to say you knew him sort of through your your brothers either Brian or Kevin or both yeah that's that's the only way I met him and about how long after you arrived was it that that they arrived I would probably within like 35 35 minutes roughly and uh what if anything did you know about sort of where they had been prior to or or what they had been doing earlier that so they were in New York um at a a police office's funeral um they went there for the ceremony and the snowstorm was coming so they decided that they we're going to drive back early to beat the storm now you mentioned uh what as far as going out on that particular evening what what was that in reference to so my nephew uh Brian um it was his birthday and uh so when you say your nephew Brian who's whose son is that so that's my older brother Brian's son Brian so Brian junr Brian Jr yeah we call him Brian Jr um and was he president at the waterfall that night he wasn't no he decided that he um didn't want to go out and when your brother uh your older brother Brian and Mr Higgins come in where is it that they go sort of in in relation to the group so they walk in and they come directly over to the table now at some point later in the evening who if anyone else uh also joins your your group or your table so uh John John O'Keefe came um with Karen Reed and um how did you know Karen Reed at that time um I met her a couple times she also had been in the Pizer shop a couple times and um driving by the street when I would come home she would be outside one medals and uh just to be clear when we're speaking about Miss Reed do you see her in the courtroom today yes I do did you just identify as to where she's seated uh she's sitting right over there between the two attorneys is ask a record reflect identification of the defendant okay now now prior to Mr O coming into the waterfall uh you would mentioned some text Communications with him is that correct yes and what if any other Communications did you did you have with M GOI before you got there um I don't think nothing before I got to the waterfall not before you got to the waterfall before Mr O'Keefe got to the waterfall with Mr O'Keefe yes um just that we where was he where were we going where was he going to be what if any commun do you recall in regards to who was there or who was going to be there with Mr O'Keefe yes yeah so I think at some point he said who's there um and I I said uh my brother Brian I said Brian he said your brother Brian I said yeah Brian and Brian Higgins are there and he said where's your brother Kevin and I said I don't have I have no clue LOL or something and when um Mr O'Keefe and Miss Reed come into the bar where is it that they go upon coming back they walk directly in um came towards our table um just a strike stried up conversation think I think John came over to my wife and said hello to her first maybe and then um just kind of got with the group and started talking now fair to say Mr o' Kei knew your your wife Julie as well yes and how would you describe their relationship as far as you good good relationship and when they come when Mr o'keith and uh the defendant come over to the area where you and your wife is what defendant you saying um Did You observe the defendant um well when they came over I think they started talking at one point when they first came over uh the defendant came in with with the glass um underneath her jacket and I thought that was kind of funny and I laughed about it and made a comment about it and uh what if anything did you notice sort of about the glass what was in the glass anything like that it was just a tall like cylinder glass uh with some clear liquid in it and a lime and that was under a coat when she came in yeah it was like she pulled it out now if you know about what time was it that uh that Mr o'keef and M Reed came with so I got there close to 10 I would say 1045 is to the best of my re action and following uh sort of the Clowes and all that kind of stuff as far as uh after they first came in where where did they go from there uh I think the defendant sat down and I think um I think well John went to the bar and got a beer and you know is that sort of what John would typically drink yeah butd light I think and you mentioned that the defendant sat down where did she sit down in relation to to you and your wife I think right next to not I think next to my wife now with regard um to just the how would you describe sort of the the general sort of tone or or demeanor within the group at at the waterfall that night it was fine everyone was just having a good time no no arguments anything like that no not at all and specifically between uh Mr o'keef and the defendant what if anything did do observe between them I didn't notice anything abnormal now if you recall what was Mr o'keef wearing on that evening uh blue jeans baseball hat and kind of like a pullover light sweatshirt type of grayish garment I don't know what you would call it it wasn't like a hoodie and it wasn't it's like a long sleeve shirt is that what he was wearing when he walked in yes at any point in time did you see him with like a a jacket or or anything like that no now as far as your observations of Mr O'Keefe uh what if anything did You observe about that clothing as far as any tears or any shment of it at all no I didn't notice anything it looked fine to me and as far as Mr O'Keefe his person himself uh what if anything did You observe as far as any injuries or anything like that when he didn't see anything looked normal now after Mr O'Keefe went to the bar and got a beard you know where he went from there just came back over to the table started chatting people up and and when you say the table was that sort of your area or was there a different area than he was no the same table the same high top some people sitting some people standing and as far as sort of this length that you described about 6 feet or so of that table um if you recall sort of where where were people situated around the table um I mean I was sitting at one point cuz I was eating so I was sitting in one seat my wife was sitting in another seat Matt and Jen was sitting in another seat um I recall John standing a lot I don't think he's sat at all um I think Karen was sitting at one point probably like situated near maybe across from my wife or next to my wife now as far as uh Mr o'keef was concerned do you recall anything specific that you discussed or talked about while you were there that night no nothing in particular and throughout sort of the course of of the time that you were there um what if any discussion was there as to going someplace wanting to go someplace uh after the waterfall so um we have this like little ritual that when one of my one of my uh nieces and nephews turn 21 we go back to the pizza shop like you know after hours and turn on the oven and make pizzas and stuff and um there was talk about um going back there uh Miss Reed asked if we would could go back and make pizzas up at my pizza shop a couple times um and then there was some talk about maybe after um someone mentioned going back to my brother's house after and just to be clear your brother's house which brother my brother Brian and where did your brother Brian live that point uh 34 faar viiew you familiar with that address yeah I used I used to live there I grew up there so prior to it being your brother Brian's house was at your parents house my parents house yeah so that's where you and your siblings essentially grew up from the time that you moved to c yes now as far as going over to your pizza shop to to make pizzas things like that um is that something that the defendant talked about once or more than once a few times and you referenced sort of this ritual when one of your nieces or nephews turned 21 um and it was your nephew Brian Jr's birthday the following day is that correct yeah was he turning 21 at that point I think so I can't can't remember exactly if he was 20 or 21 I think he was turning 21 so in relation to this evening of January 28th uh that the ritual that you were talking about when was the last time before January 28th that that you had done that if you know um trying to see who else turned 21 um can't remember exactly I know it was recent I remember doing it I just can't remember the date and that's all I'm really asking so was it recent to January 28th yeah it was uh it was sometime before that but I within like a couple months I think someone turned 21 maybe we just went there and so what if any conversation for your end as far as uh obviously it's your pizza shop so what if any conversation from your end was there in reference to to doing that to doing that that night so we were doing a weight loss competition uh me Matt McCabe and my brother Brian and um we had like two more weeks left in it and we do it we pretty every year it's like a charity we do it and um the proceeds go to like scholarship funds so I said no because I didn't we were doing this weight loss challenge and and I just didn't want to give in and you know eat pizza two weeks before we were weighing in and your wife Julie um how long was she at the bar for not long when I got there she um probably was only there for maybe 35 40 minutes she had a migraine she wanted to go home so she left um so she indicated she had a migraine and she was going home yeah she didn't feel well and um was that before or after Mr o'keef and Miss Reed arrived she left after they arrived so then she must have been she must have left later than that yeah now later on in the evening what if anything did you uh by uh for the group um so at one point towards the end of the the night I bought a round of Fireball shots um for the group and um who who part toen that I don't remember exactly um probably half of the people there took him I don't remember everyone I wasn't paying attention and when you say sort of towards the end of the night when when was it that thing sort of wrapped up in waterfall I think they they call last call right before 12 I pretty much right before 12 it all started wrapping up and as far as uh the group that you were with at the high top table uh who if anyone from that group left first so my wife left first obviously she didn't feel well she left earlier um then I Brian and Brian left my sister-in-law left Matt and Jen left I left probably second to last I probably left last with with John and Karen are right around the time that John and Karen left and do you recall as far as uh you're leaving around the same time do you recall walking out together or seeing them outside or or where is it that you recall sort of you leaving at the same time my best recollection is I walked out roughly the same time and I walked out the building and I come up Washington to the right and they was either shortly after shortly before me and they walk up to the left and um when you say walk up Washington did you walk home that night yeah I walked home and uh when you came out of the bar what if anything did you notice sort of about the the weather or what was going on with that just started snowing it was cold out and it it just started snowing the ground had like a light coat could you still sort of see the the the street or the oh yeah yeah you could still see it and you mentioned you walked out towards Washington and Mr o'keith and M Reed did as well yes and which direct did you going the same direction different direction when you come out you come out the building you have to go to the left in order to get onto Washington so I come out to the left and then go to the right onto Washington and they would go to the left onto Washington maybe sort of walking opposite opposite directions on Washington yes now as far as um throughout sort of the course of the evening did you have occasion to see sort of what Mr O'Keefe uh mentioned that he went to the bar and he got a beer was that the only beer that you saw him having or did he have more than one I'm sure he had more than one yeah I saw him with more than one so you saw him but essentially what I'm asking is throughout the course of the evening when you saw him drinking other than maybe fireball shot you saw him just drinking beer just beer yeah and as far as Miss Reed was concerned what if anything did You observe her drinking course just um a clear liquid in a a glass I assume it was some sort of poka drink was that the same glass that she had come into the establishment with under her Cod or was it a different class later on believe it was the same one so you uh leave from the waterfall and you're walking home is that right correct so fair to say you didn't go to 34 Fairview that I did not and about what time was it that you got home sometime between I'd say five pass and 10 P 12 somewhere in that window and uh was your wife home at that point she was and as far as your children were concerned how many of your three sons were living with you at that time at that time two my 16-year-old well he wasn't 16 years old at the time but my 16-year-old and my 20-year-old and um so 16 and 20 now is actually 16 and 20 now so that'd be like 14 and 18 then I guess and so you're old the time he was in the N San Diego in the Navy and if you know or did you check or anything as far as your kids when you got home were they there if you know no I ran I ran right upstairs I was freezing I went right into my room um essentially you went to bed is that correct correct you with the uh Court's permission uh I would ask to um publish for the jury just a small portion uh from what's been marked as exhibit 53 the waterfall surveillance okay Mr Gilman if I could have from channel three and the second video down you could just pause there for a moment um Mr Albert uh up at the screen do you recognize generally what's picked up on that screen yeah so those are the tables that I was speaking of that are like there like two or three in a row y I'm sorry May yes I don't have any my apologies thank you very much so s what I'm handing to you is a laser pointer basically just click that button and point it up screen okay okay um Mr Albert using that laser pointer that I've just handed to you if you could uh direct the jury's attention to about where the high top is and then about where you were seated at that high top so here's the high top and I can't really see myself to be honest with you this far away but somewhere somewhere I think I ate on this this side here and as far as the bar is concerned where would that back here wait oh this is oh so this is from walking into the waterfall okay so the bar is after so that's the high top next to the bar the bar is back there and um as far as the band that you were talking about that was playing if you could direct the jury's attention where that was on this side over here it's kind of fuzzy but that side and Miss Gilman if I could ask you to uh fast forward to 1054 uh I would ask if you could play that from 1054 to about 10:56 I'm sorry if you could just pause briefly Miss Gman professional enfor now Mr ala looking up at the screen uh as far as the door that you came out and the door that you eventually exited from the waterfall do you see sort of that general area where that is in the video no cuz I think it's offline here I think it would be over here it would be off sort of towards the left is that yeah like down this way um M Gman if you could as far as uh two individuals sort of walking in do you recognize who those individuals are I do that's John o'keef and uh Miss Reed and again M if you could just run it through 1056 this for than M coming you could not take that down now Mr Al as far as your son uh Colin do you know sort of where he was that night yes um so he was at my brother Bryan's house for my nephew's birthday and um he came home sometime after you is that correct correct and essentially you came in went to bed so do you know what time your son came home that do you know just answer yes or no whether you know yes and how do you know that because he opened the bedroom door and said good night guys I love you I'm home and uh about how long after you got home was was it that your son got home I'd say within 10 minutes and as far as sort of coming into your room is that something that was required of your kids when they came home he would always do that yeah that something just to let us know that they were home now turning your attention to the next day on the 29th uh about obviously at some point you woke up do you recall about what time that was um 8ish 8:30ish so sometime between 8 and 8:30 yeah I was still in bed I like I woke up but I didn't leave my room and what was it that uh or who was was it to woke you up that point at at that time I just woke up on my own and when you woke up um what did you what happened after you woke up shortly after I woke up um my wife enter the room but that was a little bit later I don't know exactly what time um and she in she informed me that something had happened to John and uh what what was it that you told me um I don't know the exact words that she said but basically that that John had died and what if anything did she indicate to you as to where John had died that he was found um somewhere on the front lawn of 34 faw and following receiving that information um where did you go or where did you and your wife I was I was in shock I was like what are you talking about like what do you what do you mean and then I jumped up and uh she's like let's let's we have to go over let's go over to your brother's house and uh about what time was it if you know that you got over to your brother's house sometime approximately like after 9:00 I don't remember exactly what time we went over there maybe 9 or 9:30 and when you arrived at your brother's house uh who if anyone was there um to the best of my recog recog sorry excuse me from what I remember I was there uh my wife was there my brother Brian Nicole Brian Higgins was there um I believe Matt mccab was there and Jen mccab was there when you came into the home sort of where where were they in relationship just sitting at the kitchen table and if you know about how long did you stay at your brother's house when you came over maybe an hour and where did you go from there afterward just home now as far as um subsequent to this at some point uh within the the day days of fall did you have occasion to uh speak with u some Troopers or members of the State Police yes I did and how many troopers from the state police did you talk to when you spoke two and where was that at my uh condo thank you sir I have no further questions okay cross examination thank you RoR good morning sir morning Sir Mr RT you and I have never met correct I don't believe so you've testified that uh you've essentially lived in Canton your whole life correct correct moved there when you were 4 years old correct and the house to which you and your family moved was 34 Fair viiew correct yes you lived there for how long 53 33 years and you uh currently own DNA Pizza in Canton correct I believe you testify that you've owned it for approximately 25 years correct uh clearly uh you have a lot of ties to the city of Kenton would you agree sure you live there yes you work there yes you have family there yep you raised your kids there yep and you also are a town selectman in the city of K recently elected the town of Canton I should say it's a town correct uh and not only that but your brother Kevin Albert is a police officer in Canton he is your brother Brian Albert with whom you grew up uh is currently retired but had been a Boston police officer who lived in Ken correct correct you would agree with me that Brian Albert only moved from Kenton after John O'Keefe was found dead on his front lawn correct can you rephrase that I'll phrase it the exact same way and ask for a year so know if you can do that um you would agree with me that your brother Brian Albert only moved from Canton after John o'keef was found dead on his front lawn jaction can you answer that that yeah I just don't understand the phrase but he moved he moved shortly after that yes uh your brother Tim Albert uh lives with your parents in kin correct correct and Tim Albert and your parents live directly across the street from the Canton Police Department correct correct do you know whom they bought that house from objection the objection sustained but you still live in Ken correct with your wife Julie Albert correct and your son Colin Albert correct along with my other two sons yes and you would agree that your entire family has deep roots in the town of can guess you would agree with me that the Albert family is well known in the town of kin we have a big family and you would agree with me that the Albert family is a powerful family in the town of kin Jackson as a town selectman you have some power do you not um I'm one of five Selectmen and as a police detective Kevin Albert has some power does he not Jackson sustained and you also have close friends on Theon Police Department do you not Jackson I'll allow that I have some now you know that Massachusetts State Police Trooper Michael Proctor is the lead investigator on this case correct I know that one of your wife's best friends is Michael Proctor's sister Courtney Proctor correct Jackson that's sustained you've got another witness you can ask that of Mr DED you know Courtney proor correct jaction allowed yes and you know her to be Michael Proctor's sister correct that's correct you attended Michael Proctor's sister's wedding correct jaction may we approach sure why don't you CL over e e e e e I believe you testified sir that uh you've known Michael Proctor's sister for about 20 years jaction I I I don't think he said that but we'll let that we'll let that stand and then move on please about 20 years you test sure if that's I I believe didn't didn't you testify to that on direct examination just moments ago when Mr La was asking you questions objection next question Mr unet objection sustain how long have you known Michael proper I mean I know he's Courtney's sister uh brother I couldn't tell you exactly how long I've known him for about 15 years or so roughly all right uh who is Kenneth brookwoods uh the former Canton Police Chief and how do you know him uh his son and my son are the same age so they played on some sports teams when they were younger together I think that's when I first came to know Ken you became friendly with him I became friendly with him sure and how would you characterize your relationship with him uh you've seen him socially uh really uh you've uh been out for drinks with him uh I think maybe once and you've known him for how long 20 plus years and you say you've only been out with him for drinks one time in those 20 years I can't even remember if it was wood drinks one time yeah no uh what other types of activities have you done together I can't think of any I think he came to an event that I held one time it's about it have you been out with him in a group setting um that event that I just mentioned yeah and what event was that it was my campaign event um when I was running for select board he was one of your supporters he came by uh did he donate money money to your campaign I think he did may we approach chur yes [Music] sir I'm going to uh display a photograph with the Court's permission on the screen and I'd ask you to take a look at it and if you can let the jury know do you have a hard copy of it yes we do have a hard copy so why don't you show it to the witness and put it in thank you R okay and we'll take that into evidence and then that makes sense may I appr yes Hey sir I've handed you a photograph do you recognize what that depicts yes what does it depict uh me in uh Kenny burwitz and uh is that a fair and accurate representation of you and Kenny burwitz you mean is the pitcher us yes yes okay I would offer that any okay you go oh wait wait wait wait 55 uh may that be published to the jury on the screen you want sure so uh Mr Albert that's obviously you on the right and Kenny burwitz on the left correct have you seen that photo before I believe I've seen it do you recall when I believe that's my fundraiser for when I was running for the select board the event that I spoke of earlier okay and when would it have been that you saw that photograph um I'm not sure I don't know if it was on my Facebook page when I was running for select board it looks familiar uh has Mr L shown you that photograph no has he informed you that the defense would be introducing that photograph during this trial no you can take the photo down Mr Page and the lights um you would agree with me that one of your functions as a selectman is to oversee Public Safety in the town yes and you would agree that the police department is a key component of Public Safety in the town K yes um so part of your duties as a town selectman is to oversee the Canton Police Department correct jackor I'll let him have it is that one of your duties sir I believe so I'm new at I'm I'm recently elected so I'm just going through it but yeah I believe so um and you became a town selectman shortly after Kenny burkowitz retired correct I'm not sure when Kenny retired um but you would agree with me that Kenny burwitz has both personal and professional relationships with you and members of your family correct can you can you rephrase that you would agree with me that the former Canton police chief Kenny burwitz has both personal and professional relationships with you and members of your family objection on it's the same question go ahead and answer that question I'm not sure I agree with that question well your your brother Kevin Albert worked under Chief burwitz correct correct would you consider that to be a professional relationship with them too yes and your brother Brian Albert attended Chief Berk's retirement party did he not I have no idea but your brother Brian is also a friend of Kenny D is he not he may be not sure uh and as far as your uh you know ties to the Canton Police you would agree with me that uh Lieutenant Michael lank is a member of the Canton Police Department correct he is and you've been friends with him for years correct I've known him for a long time you've been childhood friends with them since the age of 12 correct somewhere around there maybe earlier and you're tight with him I don't know if I call it tight um he's not an enemy of yours is he oh God no no he's a friend of yours correct sure and does sure mean yes yes now your older brother Brian you've already testified was a Boston police officer for years correct correct and he achieved some notoriety on a television show did he not Jackson he was in The Fugitive unit correct uh and you know that your brother Brian was also a trained boxer correct jackon sustained Brian is a lot bigger guy than you are correct jackon sustained uh your brother Brian Albert is someone who is close to his family correct yes uh and when I say his family I'm talking about not just his uh you know wife and children but also his extended family correct yes you were part of his family obviously correct yes and your son Colin is part of his family correct yes the Albert family is close correct yes uh you all essentially grew up in C correct correct and you hung out with each other growing up correct we were siblings so of course yes uh and uh you still hang out with each other quite often correct like all of us in various combinations we have different relationships with one of with my siblings sure uh but you see some more than others but you hang out with your family do you not yeah mostly during holidays uh and you uh go out for drinks together correct occasionally and you're protective of each other correct like most families and if uh if someone had a dispute with the member of the Albert family Brian wouldn't be happy about that correct jaction same you know that Brian would stick up for your kids correct jaction your son Colin is particularly close to your brother Brian is he not jaction I'll let him have that do you know yes uh in fact uh your son Colin was a football player through high school was he not yes what was his number in high school yes 34 I believe and was that for 34 Fairview I don't think so now you testified you moved to Maple Street in Canton not long before January 28th of 2022 correct correct and before that you lived at 7 Meadows AV in Canton correct and that was when John O'Keefe was your neighbor correct correct believe you testified he was a couple of houses away from you yes uh and he was your neighbor for a series of years was he not yes while he was living in the neighborhood you knew that he was a working as a Boston police officer correct correct and uh you were familiar with him correct I what do you mean can you what do you mean by familiar you knew who he was you know you uh became familiar with yeah he was my neighbor I knew who he was right uh and you knew that he was not married correct yes and at a certain point you knew that he was dating Karen Reed yeah at some point all right now you would agree with me that uh your family has a police background sir correct I wouldn't agree with that statement two of your brothers are or were police officers correct out of seven of us yes uh and you knew friends of your brothers who were also police officers or in law enforcement correct correct and you had already testified that you know some members of the Canton Police Department correct correct and you socialized with police officers did you not have I sure U you've been to bars with police officers correct correct and you've drank with police officers right sure and we were friendly with police officers correct yes and with regard to uh I'd like to ask you some questions about people specifically connected to this case um we've established that uh Lieutenant lank has been a friend of yours for years correct yes uh we've established that uh you know former police chief Kenneth burwitz uh in such a way that you feel comfortable calling him before this jury Kenny burwitz correct I know Kenny yep uh and he you're he's actually donated to your campaign when you were running for Town San correct correct and uh you also knew uh Michael Proctor prior to January 29th of 2022 correct correct uh you've attended social events together with him have you not jaction I'll let that one question couple so at some point Michael Proctor uh came to question you did he not along with another Trooper correct and at the point in time when Michael Proctor came to question you you knew who he was correct yes you knew him by face correct correct and you knew him by name correct correct there was no need for Michael C to formally introduce himself to you was there objection um what did he say when he first walked in the door in terms of introductions objection s may we be seen a side bar sure um without getting into the precise wording um you'd agree with me that there was no need for Michael Proctor to formally introduce himself to you for that uh meeting correct yes he didn't need to say how do you do I am Michael Proctor correct no no um do you consider the Proctors to be the Albert second family objection do you consider that no um you are aware that there are members of the Proctor's family who consider who have posted publicly that the their second family correct so the objection is sustained and I'm striking that question disregard now at the time that Trooper Michael Proctor showed up to question you sir uh you knew that Karen Reed had been charged in this case correct yes and you knew that John O'Keefe had been found dead on your brother's lawn correct correct did it occur to you that it was odd that the state police sent somebody from the Proctor family to interview you on February 10th of 2022 Su all right now um you've testified that on January 28th of 2022 that day that Friday that you were working uh John o'keef stopped into to DNA Pizza your shop correct correct and there was discussion about whether you would be going out that night and if so where you would be correct correct now you've previously on direct examination characterized your relationship with him as being friends correct correct uh it's fair to say however that prior to January 28th of 2022 um you had never exchanged personal information with John o'keith correct you you mean I'm sorry you mean like phone numbers or cell number prior to that day no I didn't and at that point in time he had lived in your neighborhood for four to five years correct correct I believe you've testified that that night after working you went out around 10 minutes at 10 p.m. roughly before going out did you have anything alcoholic to drink I think I may have had a beer at my pizza shop I don't remember exactly um so you have a refrigerator there that you can keep drinks cold correct among other things and uh you do have beers in that fridge for sometimes personal use sometimes do you know how many beers that you would have had before going out no and would you have uh drank that beer as you were cleaning up at the end of the night probably did you have anything to eat at the pizza shop no when did you last eat before you went out at 9:50 or so when did I last eat yes it's a long time ago I'm not sure and you knew that your wife Julie was starting the night at CF McCarthy's correct yes and you couldn't meet her there because you were still working right correct but at some point you heard that Julie and others were headed to the waterfall correct yes and that was where you planned to go after you closed up D eat pizza correct with regard to the time that you left 950 or so is your best estimate of when you're closing the doors and walking over to the waterfall yes and the waterfall is a short walk to DNA Pizza yes maybe about 3 minutes about that and your plan was to walk there that night correct correct you had not taken a car to DNA Pizza anyway right I don't believe so um so what time did you get to the waterfall shortly before 10 I don't know exactly all right and I believe you've testified that John o' Keith and Karen Reed were not there when you arrived right correct and the food that you ordered you remember what appetizers you would have gotten probably like potato skins and and some sort of chicken tenders I would I would guess it's two years ago so I don't remember exactly all right and did you order a drink along with the appetizers I believe so all right and that would have been the mill of light that you talked about correct then not long after you got there Brian Albert and Brian Higgins showed up correct correct and you have met Brian Higgins prior to that night yes uh in fact you had testified that um you had seen him around quite a bit correct few times uh and you knew him I believe your testimony was from him working inside the kanton police station correct I knew that he worked there um did you testify on direct examination quote I knew him from working inside Canton PD yes and you've been inside kanton police correct maybe twice in my life uh you knew that Brian Albert your brother and Brian hi were uh friends correct I knew they knew each other um so are you saying that they were acquaintances no I no I guess she's they're friends you guess they're friends yeah they're friends was there something confusing about my question the first time I asked it [Music] Jack in any case uh would you agree that shortly before Brian Albert and Brian Higgins arrived at the waterfall or shortly after they did there was a couple um whom uh you know you I believe you call them a Greek couple because their last name is difficult to pronounce for everybody uh but do you remember them being there yes all right if I mentioned the name kak keus does that ring a bell or do you that was that's them yeah that's them okay and and the whole group was either standing or sitting around a high top table correct and at 945 p.m. you texted John O'Keefe while you were at the waterfall correct correct uh would you agree with me that the language of your text was quote get over here or I'll [ __ ] up your lawn end quote that was one of the texts we have that PR it out that I can take I made St a moment may I approach sure oh do we have this say evid number Mark okay I'm sorry I don't think I asked to approach go that's fine thank you um I've placed a document before you sir take a look at that and tell the jury whether or not you recognize it yeah I recognize it what is it uh it's a text message two text messages okay and uh who are the participants in that text message exchange uh me and John and what is it that you said and at what time so the first oneach okay over as I did yesterday so before you consider any electronic Communication in your deliberations you must first find that it's more likely true the not true that the person who either authored or sent or created or transmitted the communication was in fact John O'Keefe uh and this witness um Chris Albert uh if you do not find that it's more likely true than not that John O'Keefe sent one or that this witness um was the person who sent the message or transmitted it then you may not consider it um in deciding this case so you have clarification a bit Mr yanet at this point I do yes and just for the record uh and for the juror's edification this is part of exhibit 48 which is already in evidence uh but I would ask that this particular uh exchange be posted on the screen with the Court's sure okay uh and so you'd agree that the when you say it was two text messages they're both with regard to the same subject correct what do you mean I don't follow you it says get over here right and then the second is a continuation of that if not I'm going to [ __ ] up your lawn correct so you mean that's to tell him to come over to the waterfall right okay I just didn't understand what you meant that's fine so you're telling John o'keef this correct yeah I'm telling him to come over and meet us all right and that little emoji that face emoji after I'm if not I'm going to [ __ ] up your lawn that's yeah it's a laughing face right so you're saying that you know you're cracking up yeah it's a joke another time okay oh sorry thank you sorry okay apologize okay we can kick that down um at about 10:45 p.m. or so I believe you testified that that was when John o'keef walked into the bar with his girlfriend Karen Reed that's what I thought yeah um would you agree with me that um between the time you arrived and the time you eventually left that you did go up to the bar within that establishment a few times I'm sure he did and bought a few rounds of drinks I'm sure including ining that one round of Fireball shots correct um what was the state of your sobriety when John and Karen arrived probably fine fine all right you didn't feel like intoxicated or unable to you know perceive what's going on you were still in control of your faculties yes uh and is it true that after John and Karen arrived that your wife Julie didn't want to stay any longer or or or too much longer she didn't want to she she had a headache so she wanted to go home right uh and by that point in time you had been there about an hour maybe a little less when Karen and John arrived right yeah about an hour all right and you were having fun sure and so Julie drove home but you stayed correct correct all right and in terms of Karen Reed's drinking as far as you could see uh she had that uh glass that she came in with that appeared to have a clear liquid in it correct correct and I believe you said either a lime or a lemon thought I said a lime but yep okay uh and you assumed that that was you know vodka and soda water or vodka in some type of mixer correct that was clear correct uh and if she was while drinking that night if she was mixing in water in between alcoholic drinks it would have been impossible for you to discern which drinks were water and which drinks were vodka correct yeah I would have no idea you can't tell that by eyeballing a drink right no because both liquids are clear yes and in order to discern that you'd actually have to be given a sip to see right okay all but in any case caring did not appear to be under the influence of alcohol to you I didn't notice anything she wasn't stumbling correct nope she wasn't swaying I didn't notice she didn't appear to be unbalanced correct I didn't notice anything she wasn't slurring her words nope she wasn't talking gibberish correct no um she was engaging in normal conversation and she appeared to be under control yeah uh and would you agree with me that she also appeared to be affectionate with John o'i uh um I wasn't really watching their interactions too much to be honest all right but in any case youd never saw any arguing between the two of them I wasn't really paying attention to the their and you interactions you didn't perceive any tension between them correct I didn't notice anything IR regula okay and from your observations of Karen Reed that night and you were there uh probably over two hours were you not total about that yeah yeah uh from your observations of Karen that night you would have had no problem with her driving a car correct I wouldn't even have thought about it okay now would you agree with me that of the group that you had met out that you were the last person to leave the waterfall on January 29th of 2022 I believe so now you previously well you testified on direct examination today I believe that you thought you got home between 12:05 and 1210 a.m. on January 29th correct it's what I remember um if I suggested to you that you didn't even leave the bar until 12:13 a.m. would you quarrel with that would I quarrel with it yes no I guess not I mean right um and is is your memory exhausted as to the precise time that you left the bar is it exhausted right in other words do you not remember the precise time that you left the bar that early morning it's over two years ago I don't I don't know the precise time that's why I said between 12:5 and 1210 that that answers my question thank you um could we have exhibit 5 well with the Court's permission can I publish exhibit 53 it's a short clip from the waterfall sure I think we need to back in start [Music] you have that spot light top if we can pause it for a second please um Mr Albert you would agree with me this was clearly the end of the night sure the lights are all on at this point yes the bar appears to have largely emptied out yes okay continue please pause it there we go my co-c consel is much better with this than there uh do you know who that person is who's leaving the bar at this point at 1213 and 43 a.m. D it might be better without that Spotlight okay see it now yeah I believe it's me continue please okay you can take that off the screen um so having now viewed that video with the time stamp of 1213 and about 43 seconds or so does that refresh your memory as to when you left the waterfall yes um that would mean it would have been imp possible for you to get home to Maple Street by 12:05 or 1210 correct correct now it was about a maybe a s minute walk home would you agree with me from waterfall to Maple no I said 7 minutes from DNA to Waterfall Waterfall to Maple is probably less than 5 minutes so it's your testimony that DNE is closer to the water than the waterfall is to Maple Street De he's father away from waterfall than uh farther away from where I live than waterfall is I understand oh I I don't follow you I'm sorry I'll try to clarify I don't I don't mean to be confusing here it's fine um I'm not asking about the distance between DN and your home I'm trying to compare or ask you to compare the distance between DNE and the waterfall and then the waterfall and your home do you see the difference H I think so would you agree with me that your home is farther from the waterfall than DNA Pizza is from the waterfall I don't follow you I'm sorry okay um so let's let's take it step by step DN Pizza to the waterfall are they on the same street yes um how many establishments if you know are between DNA pizza and the waterfall just a few okay so it's a very short walk from Pizza to the waterfall correct your home on Maple Street is not on the same street as the waterfall correct it's off of the same street but it's not on the same street no uh and your home on Maple Street is farther from the waterfall than DNA Pizza is to the correct correct okay uh I didn't understand it earlier no I I know and I'm I'm trying to work through this because again I'm not trying to trick you here I just want to get the the answer um so uh you would agree with me that it would take you longer to walk home from the waterfall than it would take you to walk to the waterfall from DNA Pizza correct all right uh and I I believe you said that one walk was 7 minutes and one walk was maybe less than 5 minutes correct correct yes all right the 7-minute walk would have been the walk home as opposed to the walk to the waterfall correct yes all right so we you have agreed that you left the bar at 1213 almost 12:14 according to the video and it would have taken you about 7 minutes to walk home correct not exactly sure how can I see Council typ up for just a second please come thank you it's been pointed out to me that I think we're not making a connection here and I think it might be my fault um with regard to uh the timing of how long it took you to go home um I believe your your estimate your best estimate is about 5 minutes is is that your testimony and when I say home I'm not talking about from DN Pizza I'm talking about that early morning when you're at the waterfall I understand yeah I'd say around around 5 minutes I think from the waterfall to Maple Street fair enough uh so now if you're leaving the bar like close to you know 124 as indicated on the video you're getting home somewhere around 1219 1220 correct roughly yeah and what were you wearing that night um blue jeans sneakers I think and um a sweatshirt okay and it had started to snow by that point a little bit so the ground was a a little bit either slushy or wet not slushy but it could be could have been wet could could have been wet uh and uh the the snow had not yet started to accumulate or had it it didn't start all right uh so uh you know you're walking home but it was cold correct correct um and would you agree that uh in the best case scenario you might have had a little bit more clothing on for that cold walk home think I had a sweatshirt on right but you could have used something else right in light of the weather probably all right because you testified that that by the time you got home you were pretty cold right correct you hadn't you know if if it had been about a 5 minute walk that was enough time for you to walk in almost shivering correct sure and given that there was precipitation that you know the snow had started uh the this the sweatshirt would absorb the moisture as opposed to repel it correct sure and so you were wet as well when you walked in right sure and by that point in time you were tired correct I don't remember if I was tired but okay I don't remember if I was tired at that point okay all you had worked all day correct uh till late in the day actually into the evening correct correct um taking pizzas in and out of a hot oven correct as well as other food that you serve as well correct yep and you're now uh and by the way you you'd had a couple of drinks or a few drinks whatever it was at the waterfall correct correct and you decided not to go to your brother Brian Albert's house correct correct uh that was in part because you weren't up for that continued partying at that point correct yeah I just wanted to go home right uh and so when you you got home would you agree with me that your first priority would have been uh getting out of the wet clothes that you were in correct and where would you have done that within your home in my bedroom and is this a townhouse or is it a freestanding residence it's a cond condominium condominium how many floors uh there's three floors and your bedroom's on the top floor correct and the entrance is ground level correct when you first entered the home in those wet clothes where was your wife Julie upstairs in the bedroom and was she already washed up and ready for bed think she was lying in bed and where did you go when you walked in the ground level I went up to the bedroom all right took off my clothes jumped in bed all right uh and uh do you have a a master bath with regard to your bedroom there's a there's a bathroom yeah all right U that would have been where you brushed your teeth but yeah uh and washed up but I did you that's where I would do those things but I didn't do them either of those things no okay uh did you grab a a drink of water before you went to bed nope all right so you essentially uh came home and I think we agreed it was around 12:20 or so give it take a minute roughly uh and uh you made a beline for your bedroom correct uh did you uh fall asleep shortly thereafter soon after within five minutes or so 10 minutes um I started to doze off I don't know exactly I don't know exactly how soon after I fell asleep all right uh sometime within 5 or 10 minutes would you say I would say more like within 15 minutes 15 minutes okay so um with regard to getting home and we'll call it 1219 because I think that's more consistent with what you said um and I understanding that it's just an estimate um it if you're walking in the door at 12:19 it takes you maybe a minute to get upstairs about a minute um you kicked off your sneakers downstairs I imagine maybe I don't remember that was a long time ago okay and then you walked up two flights of stairs right probably ran up the stairs cuz I was cold okay all right so you getting up there around 12:20 or so correct roughly yeah and you believe that you dozed off about 15 minutes later which would have made it about 12:35 somewhere around there all right now when you came home you would agree with me that your son Colin Albert was not home correct not when I first got home uh and in fact I think your testimony was that uh 10 minutes after you got home he opened the bedroom door I think that's what I said yeah do you want to stick with that I'm just trying to recollect what I you know thinking over so obviously it was a little bit longer because you actually woke up when he opened the bedroom door correct uh I don't think so did you not just testify before this jury just I don't know maybe an hour ago that you fell asleep and that your son Colin opened the bedroom door and and woke you up to say good night yeah I guess I guess that's what I said okay uh and when you testified to that on direct examination that was when Mr La was asking you questions correct correct and you knew that you were under oath at that time correct correct and you were trying to be as accurate as possible correct trying to be correct all right so in terms of the timing of this um assuming that he opened the bedroom door after you already fell asleep uh if you're getting home upstairs to your bedroom around 12:20 and it takes you 15 minutes to go to bed and that's around 12:35 then sometime after you're asleep after 12:35 that's when Colin opens the bedroom door correct I don't remember exactly well it's difficult for you to remember how long you'd been asleep for when Colin opened the bedroom door correct correct um you don't know if it was 5 minutes 10 minutes or longer correct I don't know exactly right but it was some time after you fell asleep to the best of my Rec elction now with regard to your son Colin he uh obviously lived in the same neighborhood as John o'keef because that's where your family lives correct correct and back in 2022 uh call Albert was 17 years old correct part of the year uh and you knew that uh like most teenagers uh Colin drank alcohol with his buddies correct correct um can you explain uh for the jury who or what is neber Cracker what is neber Cracker yes like the character that's what I'm asking it's a character in a cartoon um called Monster House uh and would you agree with me that NE cracker in the movie Monster House was this kind of uh old kogin who didn't want anybody on his lawn correct the character yes he was the get off my lawn guy correct in the movie yeah um what was your nickname and your wife Julie's nickname for John o'keef Mr NE cracker all right and uh your wife Julie actually had John O'Keefe plugged into his contacts as NE cracker correct correct um in fact you were there one time when Julie showed Karen her Karen Reed uh her phone to show how John O'Keefe was plugged in as NE CRA correct I believe so and this whole nickname started because of a conflict that Colin Albert had with John o'keef not correct uh John O'Keefe complained to you about things that Colin was doing not correct uh he would tell you that Colin used to throw beer cans or beer bottles in his bushes correct Jackson you can answer that what's your answer to that is not correct uh johon O'Keefe told you that Colin used to flip him off correct not correct and say f you to him never Colin used to cut through his yard nope that was Dylan uh you knew that John didn't like people cutting through his yard correct no I don't know that to be true okay so is it your testimony that uh John O'Keefe invited kids to KATU is lawn all the time I don't I don't understand is that a question it it was a question I guess let me withdraw that and ask this if if John o'keef is never crack and he's to get off your lawn guy are you denying that he doesn't like people cutting through his lawn do you want me to can I explain I just asked for an answer to my question Mr L will get up after I'm done and I'm sure you can explain whatever you want so no he's not a no all right well you would agree with me that uh there was a time when John O'Keefe was not home that you and your wife Julie went to his house that is correct and you entered onto his property correct on his front um property yes and you had drinks in your hand correct and you thought it would be funny to have a photo taken of you and your wife with drinks in your hand on his property correct correct and you knew it would be funny because you knew it would annoy him correct Jack you can go ahead can you answer that yeah he was actually asking us to watch his house while he was away um right but that doesn't answer my question which was you he didn't ask you to go onto his property with drinks in your hand and take a photo correct he asked us to watch his property okay but again in answer to my question the answer is no he did not ask us to go on his property and take pictures of ourselves with drinks in our hand correct yeah he didn't ask me to send him a photo all right um and you would agree with me that uh never cracker wouldn't like a photo of somebody on his lawn with drinks in his hand in their hands correct the car the cartoon character NE cracker yes jaction your honor sustain next question please ready I have the uh [Music] photo may I approach you yes okay Mr robbert I play two photographs before you if you could take a look at those and tell the jury if you recognize what they depict I do what do those photos depict um it's me and my wife straddling John's fence with giv a thumbs up in one of them and uh smile and another one okay uh and you say John's fence so that's actually on John's property correct uh part of it is yeah I mean I don't know what the easement is from the street to the fence as ownership goes but yeah all right I know the town owns it certain portion of it would you agree with me that that photo was taken in April of 2021 I'm not sure when it was taken but if that's what you have for a date then that's it's fine okay uh who took that picture that's a good question I have no idea um where was your son Colin that night when you had that picture T I have no idea all right would you agree with me that you texted those photos or somebody texted those photos whether it was you or your wife Julie to John O ke absolutely off of those those are fair and accurate representation of photos that you took yeah all right I would offer those your honor all right any objection no your [Music] honor and with the Court's permission may they be published for the jury okay uh with regard to that first photo uh is that well first of all whose house is that in the background that's John's and that is you on the right and your wife Julie on the left correct we have the second photo please okay uh that is also uh John's house in the background there correct and again that's you on the right and Julie on the left correct correct okay we can take that photo down um now would you agree with me that those photos give some context to the text that you sent him on January 28th when you were trying to get him to come out and you threatened to quote [ __ ] up his lawn if he didn't come out that much what do you mean give context to well in in other words here you are send texting him photos of you and your wife on his lawn correct yes uh and that's a common theme that explains the January 28th text where you were threatening to [ __ ] up his lawn correct your honor okay um I just have uh one more area that I want to couple with you sir um you uh previously confirmed that when you walked in your door on January 29th of 2022 after coming home from the waterfall um your son Colin was not home correct it's correct um at that time you had no personal knowledge of where he had been that night correct that's correct um since that time you know that he was at your brother Brian's house that night Brian Albert it's correct um your old home correct where I grew up yep and you knew that address to be 34 Fairview Road correct and you knew that that was the same house outside which johon o'keef was found dead later that morning correct correct I may have a moment just uh one other question sir um when you spoke to Trooper Proctor on February 10th of 2022 you would agree with me that you never mentioned that Colin Albert was at your brother Bryan's house that night correct jaction you're H oh I don't remember question thank you redirect yes okay thank you now Mr Albert you were asked uh some questions about um being a selectman were you a selectman at the time on January 28th 2022 no about how long after that was it that you came sometime in April that the election was over April second in April maybe so that's a photograph that you were shown with respect to yourself and the the former Chief burwitz so the kin police when was that um it was a fundraiser so it was probably like two or three weeks before the election so January February March something end of March maybe so well after January 28 2022 yes and you were ask some questions about your brother selling the house now prior to your brother's selling house you had sold your house correct correct and why was that why was that it just just made more made sense for us you know it was just a just financial decision kids were getting older is that correct yeah one was in the Navy yep another was about to go to college correct and what if any relation U did that have uh to your brother selling the house so once he found out that I was selling objection you know I'm going to allow it once he found out I was selling my house he decided that it might be a good idea for him to sell his house his kids were getting older so I gave him my real estate's number guy who sold my house and that selling in the house was that something that you would discuss with your brother prior to January 28th 2022 yeah soon after let let's move on from there now with regards um regard to your son Colin when he came home that night you indicated um that it was about 10 minutes after now was that 10 minutes after you arrived home or 10 minutes after you got into bed 10 minutes after I jumped in a bed now with reference uh to uh your son Colin he came home you saw him that night correct when he came home yes yeah he just leaned his head in the door and when he leaned his head in the door did you similar to what I had asked you about Mr o'keef Did You observe any sort of injuries or anything like that to his face no saw your son the next day as well yes You observe any injuries to him at any point in time and you mentioned that you went over to your brother Brian A's house and both he and Mr Higgins were there correct correct as far as your interactions with both Brian Albert and Brian Higgins that following day what with any injuries That You observe on that none now with regard to um the never cracker um what was sort of the origination of of that it's it's a joke it's um so my son Dylan who is my littlest one he was cutting across Jon's lawn one day coming home from the school walking this is before Jon had a fence that went this way like on Pleasant Street so it would just cut off like a couple of minutes he ran across lawn one day this is my littlest son who I don't even know at the time he might have been like 9 10 I'm not sure exactly how old he was and John yelled something to him hey kid get off my lawn so John was just making a joke so Dylan got scared he ran home and told my wife Julie and then Julie in turn called um I think said called Jen maybe and said hey uh John just yelled at Dylan and uh and I think Jen reached out to John and John felt terrible and John came down down the street uh John asked what kind of candy Dylan liked and John brought Dylan a bag of candy and just said hey I was just kidding it was just so from that point on we called him Mr never cracker and it was a joke between John John thought it was funny and now as far as um those photographs that you indicated that you took on his fence uh sent to him when he was away is that correct correct that was after he had asked you to watch his house while he was away yeah and how how did he respond to those photographs he thought it was hilarious we actually showed um him other people that photo too they thought it was funny all right we're going to wrap it up Mr L one last question so after you sent uh the text message as far as to come over here and then made the the reference to his lawn Mr o'keef then came over to the water yeah he came over after nothing proen nothing all right you are all set Mr Robert jurors we're going to take a recess like theur it's not going to be too long we're going to end around if the witness would just stay where you sorry Sor that's okay J if You' fold your notebooks please on your chairs follow me all right so about M want to get more testimony okay [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] we are starting off this Thursday nice and sunny a nice change from yesterday Jason what can we expect for the rest of the today I think it's going to be fairly mild to today I don't think we're going to have any issues across Southern New England today in fact I think any sort of sprinkles that we have may or may not even be felt I think it are likely burn off we call that verga before it even gets to the surface low 60s today across the much of the Southern New England territory what about 55 degrees outside right now so we're likely going to gain anywhere from about maybe 7 to 8 degrees from this point right now you also see more 50s in and around the area today the fog is also beginning to lift out towards the cape so that's great great news to allow even more sunshine to move back in this is a live look at our radar scan right now showing a few fair weather clouds outside but again the Bulls Eye of severe weather activity today is mainly down in the Carolinas and especially towards the uh the Tennessee River Valley we'll be in the low 60s today again mostly cloudy skies fairly mild Northwest winds to start Northeast winds to finish we'll add even more fog back into the mix overnight tonight a likely with some spotty rain showers we'll carry that over into our Friday and also keep our temperatures a little bit cooler tomorrow as well maybe even topping out roughly around 55 degrees hey yesterday evening we had a lot of rain that moved through over an inch in several areas south of the state line and even some hail reports reported in that area yesterday as well we have high pressure keeping things relatively stable for us today and also into the day tomorrow we'll have even more clouds move back in again along with some spotty rain showers same goes for Saturday same goes for Sunday as well and I think Sunday likely we're going to have a little bit of a an uptick in terms of our rain chances between Saturday evening and early on on Sunday Sunday into Monday though we're still going to be just sort of overcast along with some spotty rain showers here and there the bulk of the rain is just going to wrap right around our region boom there goes that area of low pressure but it's also going to pull in some of those eastn northeasterly winds for a Saturday Sunday and Monday that is unsettled so I think we're going to win out our battle in terms of cloud cover over Sunshine so soak up the sun if you have it today soak it up because it may not be sort of apparent for the weekend there's the severe weather activity a lot of flooding conditions down there even the archex region is likely to pick up on some activity today just some severe thunderstorm warnings now moving into the Atlanta region not a good time frame though for the morning rush hour commute these are our flood advisories and also our warnings this morning and all this energies has some place to go and it's going to mainly stay down towards the South we have a lot of Gulf moisture that's going to be racing up the Deep South between Texas Louisiana Mississippi Alabama Georgia even up to the Carolinas and some areas of the DC Metro could also be picking up on some of those isolated scattered thunderstorms cooler into the week cooler start to the weekend a warm finish to the weekend though heading into early next week so Monday and Tuesday likely to be a little bit warmer maybe even notching off some of the 70s there's our Cloud deck again coming in a little bit closer for us on the Thursday evening overnight tonight we'll have even more clouds it's going to be fairly mild tonight and as the rain showers beginning to kind of wrap around likely sprinkles just a little bit for Friday afternoon long-term forecast 6 to 10day Outlook above average prip but also warmer temperatur is going to be arriving yet again as well 60s to start 70 is also going to be working its way in Tuesday into Wednesday of next week along with those shower chances Anna all right Jason thank you well tax revenue from sports betting jumped more than 11,000 per in Massachusetts in just one year a new survey from Lending Tree found the state earned more than $99 million from sports betting in 2023 that's up from just 854 th000 in 2022 it's the largest jump of any state that has legalized sports betting 44% of Americans say they believe sports betting should be legal Nationwide well Boston University softball is building something special with the hopes of topping last year's historic season well they are entering tournament time and as wbz's Nick Giovani shows us they're doing it with a nearly perfect record in that first weekend the beu softball team is making a habit of rewriting their record books last year was labeled historical and anytime it's labeled historical you know it's pretty special and you can't try to repeat it coming off a 52 win season a year ago Terriers followed that up with a 494 in one record in the regular season I think everyone in the team expects uh expects a win anytime we step on the field immediately after closing it out with a serious sweep over Lehigh last weekend may be you just the third program to ever finish undefeated in Pioneer League Play Here Comes the throw not in time bu softball is a really gritty and just Scrappy brand of softball we're not necessarily the Home Run hitting team but recently we kind of have been that production at the plate showcased by their lead off hitter Moren kellerer a senior from Abington recently hit for the cycle against Boston College I wouldn't say anyone on this team looks at their stats I think our biggest goal is to pass the bat to the next person find a way to get on base and move people around and we've been able to do that this year opposing teams had a little more trouble with that the Terriers pitching staff set a School record for shutouts this season dealing their way to a 35 game home unbeaten streak to start off how we did was has been great and um you know we still got a long way to go bu is now set to host the Pioneer league tournament the conference is top seed sights set far beyond Boston I think we have the capability to go as far as we want to go and there's nine girls that are leaving this team so I think our last run we want to leave with a bang so we'll see you see you at Oklahoma City they open tournament play Thursday at 10:00 a.m. against Army at Boston College because of the weather with the Terriers Nick Giovani WBZ Sports how far have you driven during a road trip 100 miles maybe 500 imagine doing that drive in a toy car when we come back the two women who are doing just that [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] two women are on a quest to set the world record for most miles traveled in a toy car they're trying to make it 500 miles down the coast of Florida from Jacksonville to Key West they say the toy batteries only last about 11 miles east the friends are hoping to finish out the trip in two months time they're also using it to raise money for charity good luck to them thank you for streaming CBS News Boston on this Thursday I'm Anna Miler have a great rest of your morning [Music] he [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] today Adam Montgomery will be in court as he sentenced for the murder of his 5-year-old daughter Harmony wbz's Anna Miler is live in our satellite center with what to expect today Anna Jordan Briana Adam Montgomery stayed out of the courtroom for most of his murder trial but he will be required to appear at his sentencing hearing today when he learns his fate for killing his daughter Harmony Montgomery and then lying about it for years Adam Montgomery was convicted of beating Harmony to death and then moving her body several times before disposing of it Harmony was first reported missing in December 20121 but police believe she was killed 2 years earlier her body has never been found ahead of the sentencing hearing today the adoptive father of Harmony's brother Jameson is speaking out he says he's outraged that a judge could limit Victim Impact statements and not let him and his Husband Blair Miller speak out on Jon's behalf about the trauma that he has experienced from losing his sister fact that New Hampshire Court wants Jameson to speak or write a statement about his sister's brutal murder only continues to victimize and traumatize him this is you know a narrative where it seems like the person who murdered Harmony has has more rights in terms of what's being said at a victim impacts statement than the actual victims according to Jonathan Miller a judge will rule only before today sentencing whether he and his husband will be allowed to give Victim Impact statements prosecutors are recommending Montgomery serve at least 56 years in prison he's already serving a 30-year sentence for a gun conviction in another case live in the satellite Center an a Miler WBZ News Anna thank you well Stormy Daniels will return to the witness stand today and former president Trump's hush money trial on Tuesday the adult film star described a sexual encounter that she had with Trump in 2006 saying she was paid to keep quiet about it ahead of the 2016 election the defense is expected to try and discount her credibility Trump has denied the encounter happened he is charged with falsifying business records related to the alleged payments and Trump's youngest son Baron has been chosen as an atlarge Delegate for the uh for Florida at the Republican National Convention the 18 18-year-old joins his siblings Don Jr Eric and Tiffany who were also selected the convention will be held in Milwaukee this July Trump says he will likely announce his running mate around the same time Robert F Kennedy Jr says a worm may have eaten part of his brain the presidential candidate says he experienced brain fog and memory loss before the parasite was discovered more than a decade ago the condition is often caused by a tapeworm and undercooked pork experts tell us while he may have had a worm it's unlikely it actually ate part of his brain what neuros sycosis doesn't do is eat the brain it's not like they're wriggling around finding nutrition um in the brain substance um it gets its nutrients from the blood and the spinal fluid and stuff so it's it doesn't Feast on the brain itself people who have traveled to rural parts of Central or South America Africa Asia are more likely to be infected to protect yourself cook pork thoroughly and wash your hands when preparing food all you amher students rallied in supported Palestinians just hours after more than a 100 protesters were arrested on Tuesday night the University president called in police to clear out the protest encampment after negotiations with the students failed some students are concerned they could be the next school to cancel graduation ceremonies because of the protests I want to graduate on time I don't necessarily I support the cause but I don't want protesters kind of like ruining the graduation they're interfering with it Al the Massachusetts ACLU condemned the use of police force but the school's President says it was a last resort the US is pressing pause on a shipment of bombs to Israel and threatening that more could be withheld President Biden said last night it all depends on Israel's military operations in Rafa the Israeli military has carried out a series of targeted strikes around the South Gaza City and seized control of a major humanitarian Crossing us officials say they're concerned about civilian safety I've made it clear to BB in the war cabinet they're not going to get our support if in fact they go on these population centers we're not walking away from Israel's security we're walking away Israel's ability to wage war in those areas the defense secretary says the US is still deciding what to do with the shipment of weapons Israel has publicly downplayed the pause but officials expressed deeper frustration about it when speaking with CBS well nearly all FTX customers are getting refunds two years after the crypto exchange collapsed however those users are still technically losing money as Bitcoin prices have soared since FTX filed through bankruptcy if users were able to hold on to their crypto accounts their Investments would have nearly tripled instead they'll get dollar for dooll what they invested back in 2022 tax revenue from sports betting jumped more than 11,000 per in Massachusetts in just one year a new survey from Lending Tree found the state earned more than $99 million from sports betting in 2023 that's up from just $854,000 in 2022 it's the largest jump of any state with legalized sports betting 44% of Americans say they believe sports betting should be legal Nationwide all tensions boiling over as the Panthers crush the Bruins in game two both sides coming to Blows By The End sending six players on each team to the locker room with game misconduct penalties the Bruins lost this one 61 the series is tied at one coming back to Boston now the bees did strike first leading one nothing after one it was all downhill after that the Panthers went up 4-1 in the third Jeremy swayman was pulled for lonus olar who let in two more goals then the gloves came off 146 p py minutes were handed out in the third period alone there was this dust up too between David Pastak and Matthew kachuk both were given 10-minute misconducts coach Jim Montgomery spoke about the bad blood after the game you know this are two teams that are Rivals you know with uh you know we played each other last year playing each other this year and it's going to be a series and what I'm really proud of I'm proud of pasta because there's so many guys out there pushing after whistle in the linesmen are there Boston kachuck they just went out there and fought game three is Friday night in Boston followed by game four Sunday night tonight the Celtics will take on the Cavs in game two from the garden the Celtics Le the series one nothing christops porzingis will not play but he was shooting around at practice yesterday game two tips off tonight at 7 and spreading kindness with breakfast Levan is joining a very special bus tour that's giving back to our community he is out live right now where that mission is getting underway and Lev who doesn't love breakfast delivered right to them I I will tell you the random acts of bagel have been phenomenal because we've been able to stop people and we've interrupted here at the Marblehead pick the pick ball Seaside courts we've interrupted games we've said would you like some bagels and they've said who doesn't like Bagels that's what I'm trying to say Dave this has been fantastic how's this it's been trip for you but it's been great for me it's been a great day to finish up here at Marblehead uh the seaside courts after the Marblehead pickle ball group raise $16,000 for their tournament for the turf field this is an easy way to thank them well we're going to hand these over to Cheryl Patton and Cheryl what is it like to get a random act of bagel on a random Thursday um and just know that you're going to be fed and everything's going to be great the sun is out it's perfect you know and Dave's Bagels he has been so generous with with our group providing anything we do I grew up in New York City and these took me right back to my childhood I'm going to have to tell you to stop it right there Cheryl I'm not sure what you [Music] think you saw give the court and jury case down he the truth the whole truth the truth so thank all right whenever you're ready Mr L thank you uh good morning good morning could you uh please state your name and and spell your last name for jury Julie Albert a l b e r t and uh where do you live now I live at 22 Maple Street in Canton and uh how long have you lived a little over two years and uh how long in total have you lived in C my whole life uh 48 years and where did you live uh just prior to living on Maple I lived at 7 Meadows Avenue in Canton and how long period of time did you live at seven Meadows Avenue oh um 20 15 plus 20 years about 20 years and um do you have kids yes I have three boys and uh are you married yes I am what's your husband's name Christopher Albert and uh your three boys how old are you um my oldest Christopher is 25 my second son Colin is 20 and my youngest son Dylan is 16 and uh do each of them um where where do they live do they live with you they all live with me yes and uh your husband does he work yes what does he do he owns a restaurant in Canton what's the name of the restaurant d& pizza and where is that located 618 Washington Street now when you lived on Meadows Avenue can you describe for the jury sort of if you know about how many houses are on Meadows I would say maybe eight on each side and Meadows comes out to a main road is that correct yes pleas Street and um while you were living on Meadows Avenue did you have occasion to come to know someone by the name of John O yes I did and where did John live in relation to you um John's house was at the top of the street and there's two houses there was two houses between John's house and my house and if you recall about how long did you known joh o keeper when did he move in M I think he moved in in 20 17ish maybe and I've probably known him since maybe 2019 and how would you describe sort of your relationship with John we were friendly um we were neighbors you know i' see him all the time coming in and out of the street and cuz he's at the top of the street when I pulled out of the street and um we were friendly and in addition to you knowing Mr were there other sort of people that uh that knew you that also knew him yes yes who who were some of those people um well I know I knew John through Jennifer mccab and who is Jennifer mcab um she's one of my closest friends now you knew that John had two children that he was um Guardian for yes um and you were familiar with both his niece and his nephew yes now at some Point um through Mr o'keef did you come to know somebody by the name of Karen R yes when about was it that you met M um maybe like in like 2021 like you know pulling in and out of the street if they were outside if you know couple times out socially probably in 2021 I would say um and if you could just so we're clear do you see Miss Reed in the courtroom yes between her lawyers right over there that's a record of like identifications defend by the witness now on some social occasions that you were talking about when you would see them out would you see uh would you have occasion to socially interact with Mr o'keith and M yes is that something that like you and your husband did together or was it more of a group setting type no a group setting and with reference to uh did you have occasions where you would socially hang out or interact with Mr o'keef in which Miss Reed wasn't there um I can only honestly remember one time and that was I don't even know if they were together at the time and had you ever socially interacted or or spent time with Miss Reed separate and apart from Mr oi no now if I could turn your attention to January 28th uh 2022 do you recall that day yes you recall what day of the week it was um Friday and uh what if anything did you have uh plans for that particular evening um the next day was my nephew's birthday so we were all a bunch of us were going to go out that night um the night before to um a bar in Canton by the night before you mean the night before his birthday yes and that nephew um what was that nephew's name Brian Brian junor and if you know about how old was he turning or how well let me start with this how old is he now um he's 204 um so just turned 24 a few months ago January yep and so he would have been turning what 22 at that point yes um and when you say we had plans to sort of go out who who um myself my his mother Nicole my niece Caitlyn um and a couple of Brian's friends now and you mean Brian J's friends yes and so Brian Albert Jr has a mother named Nicole Albert is that correct yes and uh how is uh she sort of how is she related to you um she's my sister-in-law our husband's a Brothers um so your husband Christopher has a brother Brian Bron okay that would be sort of Brian better ter yep um your husband Christopher how many siblings does he have six and Brian is the oldest the oldest yes and so there were plans to go out that evening the day before Brian Albert Jr's birthday correct yes and what were the plans what have they sort of consist um we were just going to go to waterfall is waterfalls it's a baron Canton on Washington Street and from your husband's pizza shop at D to the water about how far away are the two from each other um very close I mean 200 steps maybe you can very very close um same side of the street or OPP no opposite sides okay now when it came to that day um where did you go did you go to the waterfall first or somewhere else or if you know I went to my sister on inlaw in Nicole's house to pick her up and do you know uh the address where your sister-in-law and your brother-in-law live 34 Fe of where they lived 34 Fe of you Road um and that was somewhere that you had been numerous occasions before yes and when you arrived at uh 34 Fairview roads uh you went inside the house I think I went inside for a moment yeah just to wait and do you know who if anyone did you see in there that you knew or recognized or or didn't recogniz um um I know my my niece Caitlyn was in there my nephew Brian I don't I think I don't recall I I don't recall who else was in there your sister-in-law Nicole was she there yeah she was ready to leave yep and um when you left I'm us sort of you in the plural so you drove is that correct I drove yep and who if anyone went along with you in your car um Nicole my sister-in-law and Caitlyn my niece and Brian did not end up coming with us and so your nephew Brian for whom you had initially made the plans to go out to celebrate didn't end up coming correct and uh why was that I don't he just I don't think he was failing up to it and uh if you know about what time was it that you picked your sister-in-law and your U and then went to work I would I don't remember exactly but I would probably say between maybe 7:30 and 8 7:30 like around 7:30 maybe and uh you arrive at the waterfall you go in um if you could just um explain for the jury sort of when you walk into the the door of the waterfall where was it that that three of you went when you walk into the door there's a couple high top tables long high top tables in front of you and we just sat down at a high top table right when you walked through the door now from your experience either that evening or prior evenings uh on certain nights does the waterfall have any kind of sort entertainment yeah they always have um every week's different they have bands and from your recollection was there a band there that night yes there was and do you recall where you were seated in relation to the band um I was sitting at the end of the high top table closest to the door that you walk in and the band was to the right of me against a wall and kind of like an Al Cove like a little against the wall and when you went there was the band already sort of set up and playing or or did that happen later I think they set up while we were there I think and so initially when you go there do you go there and just have drinks or did you eat something or what we ate and yeah and while you were there as far as um during sort of the meal portion of it was there anyone else that joined you I know my um niece's boyfriend Tristan moris came I I don't remember exactly when it was during that but I know he was there and then during the meal part I don't um I don't think during the meal part anyone else I I don't think so you recall as far as the meal part was concerned it's you your sister-in-law Nicole your niece cayin and her boyfriend tristore correct and uh Mr Morris did he stay for any extended period of time or or when was it that he left I know he stayed for a little bit but I honestly can't remember what time exactly he left now your husband was he working on that day yes he was and um had you been in communication with him as to where you were going to be yes and so the plan was basically for him to meet you at the waterfall when he was done with work correct yes and if you know about what time was it that your husband uh Christopher came over to the water maybe 9:30 10 I maybe I don't remember exactly just you know approximate time yeah um so it's sometime around 9:30 or so your husband Christopher comes over to the water yes and uh what if anything do did he do when he got there I came in yeah he came in did he get anything to eat anything to drink I'm yeah prob probably ordered to drink and just stood by the table I would think and um you when the people in your group were you drinking that night yes what what is it do you recall specifically what you had to drink um I think I had just a couple glasses of wine and uh your husband what do he do you recall specifically what he had that night what he would drink is millerite and that sort of typically what he would drink when he was out yes and uh your sister-in-law Nicole uh recall what she was drinking I would assume white claw a white claw and same question with regard to your knees C yes probably white clar as well now while um while you were there who if any um so after your husband came in who if anyone else sort of came in and joined uh the group that you were with um my brother-in-law Brian Albert and his friend Brian Higgins and obviously you know your brother-in-law Brian Albert correct and no yes thank you um you just have to answer a so did you know Mr Higgins as well yes and how did you know Mr Higgins I just know him from being friends with my brother-in-law as you and knew him just sort of through your brother-in-law Brian is that correct yeah okay yes and um do you know when they arrived in relation to when your husband Chris arrived I don't I don't I don't recall at some point after correct yes then after um they arrived uh who if anyone else do you recall sort of arriving and and joining in your group um Jennifer mcabe and Matt mccab and there was a couple um I don't even know their name kitis they arrived I don't know their first names um and John and Karen arrived shortly after that and there so you can clear up people as far as Jennifer MCC you've already mentioned her and Matthew was at her husband MH yes and the other couple that you were talking about are sort of guessing their names have you ever met them before no nope um not anybody that you're particularly friends with or anything like that no I know them who they are from seeing them maybe at a sporting event or something but I've never been introduced to them and when you say sort of sporting events sporting events in relation to relation what um bask if they were like a basketball game and I was at a g like I've just seen them around I'm assuming probably sporting events probably a basketball game and I'm sure it's pretty well understood with this I just want to clarify So when you say sporting events these are kids sporting events kids sporting events yes yes and so which kid sporting events would you be at that you would see this couple that you didn't know very well um your kids or something no Jennifer mccabes kids okay um so you would go to sporting events for Jennifer McCabe's kids and see this couple yes okay and uh if you know about how long after M uh Brian Albert and Mr Higgins arrived uh did um did the maves and this other couple that I really I don't remember exactly after after Mr Albert and Mr hi correct correct now then you mentioned uh Mr o'keith and M Reed came in at some point as well MH so you have to make sure you say yes or no okay and the other thing you say I assume or I guess don't answer okay if you don't know you don't okay and if you know about what time was it that Mr oef in this week before 11 o' okay and with reference to when Mr o'keef and um theend Miss Reed came into the waterfall um where were you in relation to sort of the high top table that you were just I was at the top of the high top table closest to the door and when they came in where did Mr o'keef and and the defendant go um John walked in and said hello and kept on walking I I think to the bar and Karen came in and stopped at the table to talk for a minute and during the time that she stopped at the table to talk for a minute what if anything did she do um she opened her jacket and had a glass and pulled the glass out and got they drinking the drink and as far as the the drink in the glass what if anything did You observe as far as color or anything El clear and um the glass that she had can you see so the clear liquid inside it um how much of the glass was full of that I don't recall and she placed it on the table is that correct mhm yes and uh what was your reaction to that I think I laughed and said made a comment like you're crazy or something just because she walked in with the glass now did you know where Mr o'keef and and M had been coming from prior to them getting to the waterfall yes and and where were they coming from CF maathi you're familiar with that establishment yes and where is that in relation to the waterfall um it's maybe 200 steps right next to my husband's restaurant so on the same side of opposite side opposite side on the same side of Washington Street is your husband's restaurant yes okay um and then same vicinity from DN to Waterfall see if water yes now um over the course of the evening did you have occasion to see Mr O'Keefe he was at a bar he had something to drink is that correct can you repeat that sure over the course of the evening did you have occasion to observe uh what if anything Mr o'keef was drinking no I don't believe I left very shortly after they got there and so you left fly shortly after they arrived yes okay and if you know about how much time are we talking maybe 10 15 minutes and why it that you have I had a terrible migraine um from the band being so close to yes and when you left where did you go home and when you got home um as far as your your children on that evening MH um who was home who was out if you know um my youngest son was home and my oldest son didn't live at home he lived in California at the time and my middle son was not home and um so your oldest son Christopher he was in the Navy at that he at he was in the Navy and he was stationed in San Diego yes and so your middle son PA and he was out did you know where he was yes he was at I believe his friend Michael leonetti's house and at some point did you learn that Colin had gone from that person's house to somewhere else yes is this him communicating with you yes and that other place that he went to uh do you know where that was yes my brother and sister-in-laws Nicole and Brian Albertos on favy road and was that in relation to your your nephew and his birthday yes now while you were if I could take it back to the waterfall just while you were at the waterfall obviously you see Mr OE and and Miss Reed come in um do you recall what Mr o'keef was wearing I know we had hat on he had jeans on and he had something with a hood and from your observations did you ever see him with like a winter coat or jacket or anything like that I did not and with regard to the clothing that you observed in wearing did you what if anything did You observe as far as the condition of that clothing and that I mean was it torn was it disheveled anything like that no nothing nothing that I remember and with regard to Mr O'Keefe as far as his appearance what if anything did You observe about him as far as injuries or anything like that nothing now with reference to your group as far as uh at the waterfall um how would you describe sort of the overall meanor or tone of of of the group and what was going on then just normal I thought it was just normal sitting listening to a band um so at least over the time that you were there there were no of arguments or disagreements or anything like that nope nothing and specifically to Mr O'Keefe and the defendant mitz Reed while you were there during the short time that you were there when they were there did you observe anything as far as any arguments or disagreements or anything like that no I did not now at the time um so during that time between when they arrived you mentioned that John went up to the bar correct mhm yes and where did the defendant go she talked to me at the top of the table for a few minutes and then I believe she made her way down the table to either Jennifer macab or the couple that was at the end of the table to speak with and was it during that period of time that you had enough with the migraine and went home yes I left very very shortly after that now during the time that you were there and you were speaking with the defendant down sort of your end of the table um what if anything was uh discussed as far as sort of where to go what to do after the water um I do know that I do remember I'm sorry that Karen had asked if we could go back to d& my husband's store and make pizza because that's something we frequently do if we're out at the end of the night if we're hungry and was that something that you had discussed with Miss Reed either on that date or on a prior date I believe um we discussed just that we went there once and she we said next time she'll have to come with us was that something that was discussed as a possibility or something that was going to happen that night um I think right away I just wasn't going to do that because I wasn't feeling well and I just I think I might have said talk to Chris cuz I wasn't going to do it and is that something that she mentioned over the course of that evening once more than once or some else just once to me so when you get home uh at some point uh the rest of your family came home at some point in the evening correct yes and uh who came home first uh your husband Christopher or your son con my husband you know about what time that was I want to say about after 12 maybe um 12:10 around there so sometime around 1210 sometime around 12:10 yes and what if anything do you recall specifically about when your husband Christopher came home um he came upstairs to my room he was shivering cuz it was cold out and he immediately went into the bathroom got undressed and gone into bed and uh your son Colin have you been in communication with over the evening yes and about how long was it after your husband came home that your on call um 10 to 15 minutes and um were you essentially waiting up for him oh yes yep is that sort of common practice yes I do not go to bed until my kids are home and is there another common practice as far as when your kids come home where do they go when they first come in they immediately will always come in the door maybe grab a water out of the fridge and come upstairs and give me a kiss good night and tell me that they're home now did that happen on this occasion yes and uh so Colin came into your room at some point yep he came right upstairs yes and when Colin came into your room and he came upstairs uh did you have occasion to observe him as far as uh talk to him obv yes we talked for a minute he asked me if I was feeling better um and yeah we talked for a moment and during that conversation that you had with Colin um same similar to what I had asked you with regard to Mr o'keef what if any injuries or anything did you observe on your son call none and fair to say the next day at some point you you talked to and had interaction with your son yes what if any injuries or anything did You observe none none so I know this is sort of hard so wait till Mr ly finishes his question before answering okay thank you now after son Colin came home um and you you eventually went to bed is that right yes and um turning your attention the next morning uh the Saturday morning on the 29th about what time was it that you woke up I woke up about 8ish and with regard to your nephew Brian Jr um whose birthday it was now on the 29th what if any sort of tradition do you have with respect to him his birthday every year on his birthday I go to Dunkin Donuts I get him six donuts and I bring them to the house and I leave them there with a card before he gets up so when he wakes up they're there I've been doing it for years and is that what your intention was on this morning as well yes and is that what you did on that yes now when you woke up um probably like most people at some point did you look at your phone yes and when you looked at the screen to your phone what if anything did you see I had a missed call from my friend Jen mcabe and was there any sort of um notation in regard to the Miss call as to what time that had Miss call had come in it was 555 maybe so sometime earlier in the morning early morning yes and Beyond uh the Miss call was there any other sort of U stamp or notification on the phone as far as a voicemail text message I'm sorry no there was not and not from Miss McCay correct correct and not from anybody else correct and uh at any point in time on that morning over the phone did you speak with Miss McKay no I did not and uh did you call her so you didn't call her back or anything like that I did not and so after you wake up at some point you go to Dunkin Donuts and get the six donuts yes and where did you go with those I drove to 34 Fairview and when you arrived at 34 Fairview uh where did you park in relation to the house I pulled into the driveway and um when you came up to the house and you were driving to the house at this point it was what was the weather like it was coming down the snow was coming down pretty good and um with reference to the house what if anything did you notice out of the ordinary with regard to the house or the street or anything um Jennifer mcb's car was in the driveway and um as far as any other vehicles on the street or anything like that what was going on at that point I don't recall I don't nothing you can recall no but what time was this that you got there 8 830 9:00 8:30 um around that and when you get there you pull in the driveway what what did you do I opened my car door I got out to walk to the car in front of me to leave the donuts and card inside my nephew Brian's car and Brian Albert came to the door Brian Albert senior came to the door and he told me to come asked me to come in for a second and I said that I didn't need to and he said I said I'm just leaving these this gift for Brian Jr and he said no just commit for a second so I went into the house and when you walk into uh 34 Fairview Road on that morning if anyone else was here Nicole Albert Brian Albert Brian Higgins Jennifer mcab and Matt mcab and where were they in relation to to the house in the kitchen and um what if anything did they tell you at that time when I first walked in nothing everyone was just sitting there and I was looking around and everyone was visibly upset and I asked what what's going on in another maybe 30 seconds went by and Jen said something's happened to John and I said John I'm she said John o'keef and I said is he is he okay objection no I'm going to allow it I said is he okay and she said we don't know and that was that and after hearing um that information how long were you were you at your brother and sister-in-law's house at probably about half hour 45 minutes maybe and um where did you go from there I went home to wake my husband up to let him know what had happened and at some point after you go home and wake up your husband where did you and your husband go we went back to third I woke up my husband told him what had happened and we went back to fair and so the second time that you had gone back to Fair how long a period of time you there that I would say probably half hour not long and then after that half hour or so where'd you go out back home to my house now during either of those occasions when you were at um 34 Fairview Road on the morning of the 29th you had a enging to talk and observe uh Brian Albert Senor correct yes and similar to questions that I asked you with regard to Mr o' Kei and your son Colin um what if any injuries or anything out of place did you note with respect to to Brian I se nothing that I saw and same question with respect to Mr piggins as far as you made observations and spoke at least in the same room as him on that morning yes and uh what if anything did You observe as far as injuries or anything else on Mr ha nothing and when you woke up uh your husband that next morning um your other two sons uh being Colin and and Dylan they were at home still yes they were at home still asleep and uh with regard to when you went to Fairview came back with your husband went back to Fairview and then came back again were they still asleep I don't remember you recall well let me put it this way as far as your sons did they either of your sons come back with you to Fairview Road that day no they did not and do you recall whether or not either calling or was awake when you left second time to go to Fairview I don't now at some point a few days after this uh did you have occasion to meet with um a couple troopers from the state police yes I did they came to my home when you say they how many of them there were two and you spoke to them that day in reference to what you had observed at the waterfall everything you just about yes I did may have one moment your arm yes just one last question when youa when you came over to Fairview Road that first time with the donuts as far as the inside of the house what if anything did You observe as far as the the condition of the home or anything about the home that seems abnormal or out of place or off you know from the the evening before when you were there nothing I have nothing further to with this R okay Miss tetti thank you good afternoon Miss Albert good afternoon you and I have never met correct correct um I just wanted to pick up on a question that and an answer that Mr L asked you and that you uh responded to uh he had just uh asked you whether or not a few days later you spoke with a couple of state troopers do you recall that question yes and your answer was yes yes you would agree with me that it was more than just a few days later correct I I don't February 10th of 2022 that two state troopers came to speak with you and your husband Chris correct correct uh and so we're talking about 13 days later almost 2 weeks later correct if that was the date yes correct prior to February 10th no investigator from this case uh bothered to talk to you or your husband correct correct now in terms of the two investigators who did come uh you know you knew one of them quite well did you not I knew them I wouldn't say quite well but I knew them okay and when you say you knew them him I'm sorry him okay and who was it that you knew Michael Proctor uh Michael Proctor was the brother of one of your close friends correct correct uh your close friends with Courtney Proctor correct I am and uh by the way your maiden name is Daniels correct yes it is and you have a sister Jill Daniels correct yes I do and you would agree that uh Jill Daniels is also lifelong best friends with Courtney Proctor correct yes she is and in terms of your relationship with Courtney Proctor you socialize with her do you not jaction do you um occasionally yes um go out for drinks with her correct yes um you've attended parties with her correct yes um you've also provided child care for her children correct rection strike all right I'll see you on sidebar on this m everybody e sh so uh Miss Albert you provided child care for Courtney Pro's children objection need a time frame Miss D have you ever provided child care for CH Courtney's children jaction so you need a time frame um before January of 22 did you provide child care for courtne Pro's children yes when 2019 2019 just that one year yes it was preco and then when Co happened and everything shut down I wasn't helping her any longer and then occasionally after I would help just on an unne as needed basis okay after Co and uh during that year of 2019 how often did you watch her children two days a week and she had a boy and a girl correct what were their names Jack and Caroline and Jack and Caroline were Trooper Proctor's niece and nephew correct yes um the Proctor family entrusted you with the care of their children correct Jack it sustained as asked you know that Michael Proctor is a State Trooper correct yes you knew that he also was from Canton yes you knew his wife Elizabeth Proctor yes and you were also aware that Courtney Proctor had recommended you to also watch Michael Proctor and Elizabeth Proctor's children correct jaction move to strike that objection sustain but you go back a long way with courtne Pro correct correct um in fact you were certainly at her wedding correct jaction s sustained your son was a ring bearer at that wedding jaction all right so we'll sustain that through this witness um you've spent time at Michael Proctor's childhood home have you not yes you've been to the pool at the Proctor's house correct yes that the PO photo she's Christmas maybe we approach e e [Music] how many times have you been to the Proctor pool say maybe a dozen and you've certainly taking your children there as well yes Colin has been to the Proctor pool yes and you've seen Michael Proctor's mother and father at that pool correct yes uh you've seen Courtney Proctor and her husband at that pool correct yes um you are very close with Courtney Proctor correct I don't how would you define very well I guess I'd ask you to Define very close do you do you deny that you were very close with Courtney po no what jaction on no go ahead next question you got your answer I didn't hear the answer go ahead repeat that do you deny that you were very close with Courtney Proctor no okay you talk regularly correct yes you text each other correct yes you also talk by phone very rarely um is it uh fair to did you say very rarely you talk usually it's text but do you stand by that testimony that you talked to Courtney Proctor very rarely by phone do we have do we have a time frame do you mean now or do you mean then let me ask you this between February 1st of 2022 and September 6th of 2022 did you only speak rarely with Courtney Proctor I don't recall um were you using Courtney Proctor as an intermediary to communicate with Michael Proctor about this case objection I'll allow it no I was not are you aware that between February 1st of 20 22 and September 6th of 2022 you and Courtney Proctor spoke by phone 67 times objection were you aware of that no I don't know the exact count do you deny that you spoke 67 times I don't deny it but I don't I don't recall the exact amount of times okay so you don't deny that you spoke 67 times you still want to maintain your testimony that you only talked very rarely with courtne Proctor during that time period I just don't remember the exact amount of times well you know that my client Karen Reed was arrested in connection with this case on February 1st of 2022 do you not I do you spoke to Courtney Proctor that date for 12 minutes by phone correct I don't recall exactly I don't remember exactly may I approach sure uh before I approach your memories exhausted as to whether you spoke to Courtney Proctor that day and if so how long the two of you spoke yes sure I made sure um I'm showing you a document uh with a number of just show it right no I just wanted to point out which one that I'm pointing out so the third I was going to say a number of lines the the third line down uh if you would take a look at that specific date and time and see if that refreshes your memory about whether and how long you supposed to court Proctor on February 1st of 2022 can you see that or do you need glasses no I can see it I do have a pair of readers that I need as well if you need to borrow them yes if I could of course thank you I left my down I I just got these and it's like just bring them up please it took me a while to figure them out but anyway thank you I appreciate it it's the third yeah third line down third line down yes I see it I just I don't I don't recall this okay it's a long time ago thank you and you you say that having seen this record it does not refresh your memory memory that you spoke to Courtney Proctor for don't don't it does not refresh your memory that's where you have to leave um did did Courtney Proctor tell you the day of my of my client's arrest on February 1st that she had been discussing the case with her brother that day jaction disain did you speak to Courtney Proctor that day in any fashion what day exactly of my client's arrest on February 1st of 2022 that was on the sheet you just gave me it was well I did obviously if it was on that sheet okay uh and when you talked to her did she tell you that she had discussed the case with her brother Jackson were you notified that Karen was going to be arrested objection Su what did you discuss I don't recall um the next day February 2nd of 2022 was the day that my client was arraigned back in Stoten District Court do you recall that yes I do um you spoke to Courtney Proctor three times that day before my clients publicly televised arraignment at 9:00 a.m. did you not again I don't remember um after the arraignment you spoke to her again for 27 minutes beginning at 10:58 a.m. did you not I don't recall okay so your testimony is well strike that um my client's arrest was pretty big news in Massachusetts wasn't it objection sustained you were aware that my client had been arrested correct yes I had seen it on the news you were aware that she was being arraigned the very next day were you not yes this case involved your family did it not how do you mean it well you knew that John O'Keefe was found dead on your brother-in-law Brian Albert's lawn correct correct so necessarily your family was involved in this case correct somewhat yes and you knew that ultimately you'd probably be talked to by investigators from this case correct I assume so yes didn't happen for 13 days but ultimately they did come correct yes all right um so this case had to have been pretty big news within the Albert family was it not well yes yes you were discussing it with your husband correct yes you were discussing it with your other relatives correct yes you were discussing it with your friends correct I don't know about my friends but okay yeah so is it your testimony that with all of this going on you conf find your discussions about this case just to your specific family members not necessarily no I mean clearly you would have talked to Courtney Proctor about this correct jaction just so folks why don't we end here right um you'll have to be back tomorrow for glasses and jurors the three cautions please do not discuss this case with anyone don't do any independent research or investigation into the case if you happen to see hear or read anything about the case please disregard it and let us know I'll see councel T Jers thank you very much jur is closing your notebooks and leaving ch [Music] d [Music]

Channel: CBS Boston

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Keywords: karen read, karen read murder trial, karen read trial stream, karen read trial today, karen read trial live today, karen read trial live stream

Id: nta4XPfglAY

Length: 199min 33sec (11973 seconds)

Published: Thu May 09 2024