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In last week's episode, we started the somewhat daunting task of covering the 2024 trial, the Commonwealth versus Karen Reed. Karen is accused of hitting her boyfriend, Boston police officer John O'Keefe, with her car in the early morning hours of January 29th, 2022, and then leaving him to die in the cold.
John was found hours later by Karen as she and some friends were driving around looking for him. He was found on the front lawn of 34 Fairview Road, a home belonging to another Boston police officer, Brian Elbert, and his wife, Nicole Elbert.
Karen was later arrested and charged with John's death. She's facing three charges, second-degree murder, manslaughter while operating under the influence of alcohol, and leaving the scene of personal injury and death.
At trial, Karen's defense attorneys told the jury that Karen did not hit John with her car and that she dropped him off at 34 Fairview Road and then left. They say she was framed and that she didn't kill John. Someone else did.
I want to reiterate before we get into part two that what you're hearing in these Court Junkie episodes on this case is what the jury heard. There is so much more that went on behind the scenes, but we're focusing only on what the jury heard so we can hopefully understand why the outcome was the way it was.
And so today in part two, we will be focusing on testimony from the witnesses who were there at 34 Fairview Road, where Karen says she dropped John off during the early morning hours of January 29th. This is Jillian in partnership with Law & Crime. You are listening to Court Junkie, episode 289, part two. ♪♪
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Sergeant Michael Lank processed the crime scene. He testified that he saw blood in the snow along with a piece of cocktail glass, which he collected as evidence.
According to Sergeant Lank, he was familiar with the Alberts. He described entering the Albert home and seeing Brian Albert, who he said appeared disheveled, consistent with being awakened suddenly. He conducted a brief interview with Brian and his wife, Nicole, as well as Jen McCade, who was also there at that time. He said there were no signs of any sort of disturbance in the house.
On Cross, Karen's attorney, Alan Jackson, questioned him about his connections to the Albert family. He said he knows three of Brian Albert's brothers. Kevin Albert is a Canton detective, and then Chris Albert and Tim Albert. He has known them since he was a teenager and always knew Brian as the oldest brother.
Jackson asked him about an incident that occurred in August 2002, where one day he was off duty and drinking when Chris Albert approached him in a parking lot and told him he had just been in an altercation of some sort and that threats had been made towards him and his family. Sergeant Lank said at some point six other individuals approached, and eventually a fight broke out, a fight that Sergeant Lank participated in as well.
No police report was ever filed and no arrests were made. Then a few days later, the other participants, two brothers, came into the Canton Police Station and wanted to file a complaint against Sergeant Lank and some other officers who were involved. Jackson pointed out that it was only then that a police report was filed against the brothers. Sergeant Lank agreed. What we just talked about
Is that an example of you using your position as a police officer to come to the aid of one of the members of the Albert family? It was me coming to the aid of a citizen who was terrified and scared for him and his family on that night. Who happened to be what? Excuse me. Who happened to be Chris Albert.
After Sergeant Lang's testimony, the Commonwealth started calling witnesses who were out with Karen and John on the night of January 28th into the 29th, who testified about what they observed. Michael Camerano was a friend of John O'Keefe's. He said he and John went to C.F. McCarthy's on that night and that Karen met them there. He and John ordered Bud Lights and Karen had a clear beverage.
Surveillance video from inside the bar showed John and Karen embracing and sharing a kiss when she first came. According to Michael Camerano and two other friends, Kurt Roberts and Nicholas Kalikithis, everything seemed fine between the two, and they noticed no arguments or tension. Everything seemed normal. In fact, Nicholas testified that they seemed so affectionate that even his wife asked him, why aren't you like that with me?
Michael Camerano's wife, Catherine, testified that she got a call early in the morning from Karen between 4 and 5 a.m. Karen was hysterical and wanted to talk to Michael. Catherine said she texted Karen a little later, asking if she was okay and telling her to go home, saying John would probably come home soon and that he was probably sleeping on someone's couch. At 5.53 a.m., Karen texted her that she was driving around with Carrie and Jen.
Catherine said she told Karen to keep her posted. They then went back and forth a bit about where John could be. Then at 6.34 a.m., Catherine asked, any luck? Karen responded immediately saying, he's dead. After Catherine asked if she was serious and if she found him, Karen responded, he was in the snow.
Chris Elbert is Brian Elbert's brother. He testified that there was no tension at the bar that night and that after C.F. McCarthy's, he went home. He did not go over to the Elbert house at 34 Fairview Road. On cross, he was asked how long he had known the lead Massachusetts State Police investigator, Michael Proctor. He estimated about 15 years or so.
He had been neighbors with John O'Keefe for four or five years, but they never really exchanged info until earlier that night when John came into the pizza shop Chris owned. He said he went to the waterfall that night where Brian Albert and Brian Higgins were. Once he got there, he said he texted John, get over here. Then, if not, I'm going to go fuck up your lawn with a laughing face.
He testified that Karen didn't seem intoxicated that night. She wasn't stumbling or appearing drunk at all. He was asked about any conflicts his son, Colin Albert, may have had with John O'Keefe. Can you explain for the jury who or what is Nebuchadnezzar? What is Nebuchadnezzar? 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 never cracker in the movie monster house was this kind of uh old curmudgeon 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
What was your nickname and your wife Julie's nickname for John O'Keefe? Mr. Nevercracker. All right. And your wife Julie actually had John O'Keefe plugged into his contacts as Nevercracker, correct? Correct. In fact, you were there one time when Julie showed Karen Reed her phone to show how John O'Keefe was plugged in as Nevercracker, correct? I believe so.
And this whole nickname started because of a conflict that Colin Albert had with John O'Keefe. Not correct. John O'Keefe complained to you about things that Colin was doing. Not correct. Not correct.
He would tell you that Colin used to throw beer cans or beer bottles in his bushes, correct? That is not correct. John 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. 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 John O'Keefe invited kids to cut through his lawn all the time? I don't, I don't understand. Is that a question? It was a question. I guess, let me withdraw that and ask this. If John O'Keefe is never proud and he's the 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. Lally 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 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 porch.
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? Jackson. Yeah, he was actually asking us to watch his house while he was away. Right, but that doesn't answer my question, which was,
You he didn't ask you to go on to his property with drinks in your hand and take a photo, correct? He asked us to watch his property. OK, 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.
He was asked if when he talked to Trooper Proctor, he didn't tell him that his son Colin had been over at 34 Fairview that night. He said he didn't remember. Chris's wife Julie also testified for the Commonwealth. She said she too didn't notice anything unusual between Karen and John from the night before. On cross, she was asked about her relationship with Courtney Proctor, Trooper Michael Proctor's sister.
She said they are friends and that she provided childcare for Courtney's kids. She said they very rarely talk on the phone. She was very familiar with Michael Proctor as well. Between February 1st of 2022 and September 6th of 2022, did you only speak rarely with Courtney Proctor? I don't recall. Oh.
Were you using Horton Proctor as an intermediary to communicate with Michael Proctor about this case? Objection. No, I was not. Are you aware that between February 1st of 2022 and September 6th of 2022, you and Horton Proctor spoke by phone 67 times?
He pointed out that on the day of Karen's arrest, February 1st, 2022, Julie spoke to Courtney Proctor for 12 minutes. Julie said she didn't recall what they spoke about.
The next day, February 2nd of 2022, was the day that my client was arraigned back in Stoughton District Court. Do you recall that? Yes, I do. You spoke to Courtney Proctor three times that day before my client's publicly televised arraignment at 9 a.m. Did you not? Again, I don't remember. After the arraignment, you spoke to her again twice.
For 27 minutes, beginning at 10.58 a.m., did you not? I don't recall. She agreed that this case was big news within the Albert family. Nicole Albert is Brian Albert's wife. She said after she and Brian were out at the bars on the night of January 28th into the 29th, they invited several people over to their house afterwards. She said neither John nor Karen ever came over that night.
She recalled everyone leaving by around 2 a.m. Brian Higgins left first at approximately 1.30-ish. She described the moment she became aware that John's body was out on their front lawn. She said between 6 and 6.30 a.m., her sister, Jennifer McCabe, burst into her bedroom. And if you could just describe your sister Jennifer's condition.
demeanor when she first comes into the bedroom. She was hysterical. And she said some things to you and then where did you go? Well, I tried to ask her what was going on. What is she talking about? And she told us... Objection, Your Honor. I'm going to allow that. So she told us what had happened or what she had just witnessed outside and
And we were just trying to understand what she's saying. Like I said, I didn't know if it was something that happened to one of her kids, one of my kids. And so I said, Jennifer, I don't know what you're talking about. So she finally was like, well, John, John, remember John from last night at the waterfall? And I'm like, you know, what do you mean? How could you be outside? And she's like, you got to get up. The police are here and they want to talk to you.
So my husband and I got up. I think I threw on a sweatshirt and we started to walk down the stairs. As we walked down the stairs into that foyer area, Officer Link was walking in the house. She told the court that she and her family moved out of the Fairview home in April 2023. She said it had nothing to do with what happened to John, but that they had always planned to move and downsize.
On cross-examination, Karen's attorney, Elizabeth Little, asked her if she remembered seeing her husband and Brian Higgins engaging in practice fighting techniques while at the waterfall. She said yes. She saw them fooling around. Attorney Little showed her a screenshot from the surveillance video at the bar. Ms. Albert, when your husband drinks, does he often get into sort of these practice sparring, practice fighting stances? Is that common for him? Jackson. No, I'm going to allow it.
No, I don't think so. So this type of behavior was unusual for him? No, I think they were just fooling around. I don't think there was anything much to it. My question was, is it unusual for you to see him sort of practice fighting? I wouldn't call that practice fighting. I think they were just fooling around. And yeah, maybe I've seen him do that other times, but it was fooling around. They weren't practicing. Let me put this a different way.
You do know that your husband is a highly trained fighter, correct? Objection. I'll allow that. Absolutely not. Your husband has no fighting experience whatsoever? A highly trained fighter? No, he's not. He has boxing experience, correct? Objection. So I'm going to see you at sidebar on this, please. After a sidebar, Attorney Little continued her questioning.
Ms. Albert, your husband has boxing experience, correct? Yes. He also has fighting experience from his training in the military, correct? I don't know what fighting experience from the military means. I mean, he was in the Marine Corps. He was out of the Marine Corps in 1992. But he had training through the Marine Corps and through the Boston Police Department with fighting and defensive tactics, correct? I assume so.
Attorney Little asked her about her testimony on Direct, where she said there were four cars normally in her driveway and then went on to describe three of them. Attorney Little asked her what kind of car the fourth one, her husband's work car, was, and she said it was a black Ford Edge. Is there a reason that you didn't want to state or commit to that in front of this jury when you originally testified?
No, there's no reason. I was just trying to think of all the different cars. We have five kids. We've had a lot of different vehicles. I was just saying it as I remembered it. News coverage in this case has revealed the importance of a Ford Edge. Objection, Your Honor. Sustained. In your mind, a Ford Edge has significance to this case, doesn't it? Objection, Your Honor. Can you answer that? Does a Ford Edge have significance in this case to you? I've heard it talked about. Yeah.
And what you've heard talked about is that an eyewitness saw... Objection, Your Honor. I'm going to stop you on that. The objection is sustained. Ms. Albert, you know there's significance to the Fort Edge, and that's the one thing that you did not mention in your initial testimony, correct? So I'm going to allow that question. Can you answer that? I just was trying to think of all the different makes and models. I did not purposely say that.
She was asked if their dog, a large German shepherd named Chloe, wasn't good with strangers, and Nicole said she wouldn't say that, that she's fine with strangers, just not with other dogs.
Ms. Albert, Chloe has injured other humans, hasn't she? Jackson. I'm going to allow that. In one incident in May of 22, when she got out and was fighting with another dog, the woman who was dog it was tried to break up the two dogs. And while she was trying to break up the two dogs, she got injured. There are actually two individuals who are injured in that incident, correct? Well, there was two women, but I believe just one woman died.
I, from what I understand, had an injury from Chloe. The other one may have fallen or something, but I'm not sure, 100%. There were two women who were actually taken to the hospital, correct? Yes, a neighbor had called the police or called an ambulance just to make sure they were okay. And you mentioned that Chloe had actually escaped from the backyard in that incident. Yes. And that happens from time to time at your house, correct? It had happened a few times, yes.
And Mr. Albert let Chloe out when he arrived that night, correct? Yep. Ms. Albert, you don't have Chloe anymore, do you? Nope. In May of 2022, four months after Mr. O'Keefe's death, you got rid of your family dog of six years. Objection. So is that true? Is that when you got rid of your dog? I did not get rid of my dog. I rehomed my dog.
Attorney Little pointed out that in her grand jury testimony, Nicole testified about where everyone was seated at the kitchen table when they came over on the night of January 28th, except for her husband, Brian, and Brian Higgins. You told the grand jury that you don't recall seeing them at the table, but you don't recall where they went because you were kind of focused on the press. Right. And there was one point at which you said that you joined them in family. Yes. Is that right? Okay.
But while you were cleaning, you said, I don't really know what they were doing, but they weren't there, correct? Yes. So you recall your husband and Brian Higgins left your view and went to some other place in the house that evening, correct? They could have.
She agreed that she had testified that her daughter, Caitlin, had been the last person to leave that night. But in Sergeant Lank's police report, it says that she listed Caitlin as having left around midnight. Nicole said there was a lot going on during Sergeant Lank's interview and that she, her husband, and Jen McCabe were all seated around the kitchen table talking to him. So it may have gotten misconstrued. Attorney Little pointed out that it was more of a conversation than an interview. And she said yes.
And notably, did you tell Cooper Proctor that Colin Albert was present at your house? You know, I probably didn't because anytime I was questioned about who was there, to me it was who was there afterwards hanging out from like the 12-15 point on. I didn't consider Colin as being there because I literally...
crossed paths with him, he left. And I didn't consider him being a part of the group that was there. You never mentioned Colin Albert to Trooper Proctor, correct? Correct. And you never mentioned Colin Albert to Sergeant Lang? Correct. Ms. Albert, you knew that if you gave Trooper Proctor the name of your nephew, that he would have to interview him, correct? Objection. All right, I'm going to sustain that objection.
You didn't want your kids or your nephew to have to tell the police what they saw, what they heard, and what they did that night. Objection. I'm going to allow that. Is that true? That is not true. Nicole maintained that she didn't hear any commotion outside that morning prior to Jen McCabe coming into her bedroom. Attorney Little pointed out that it was actually at 645, according to surveillance video.
She then asked Nicole about two calls that appeared in her phone records from earlier that morning. Ms. Albert, what about the two calls that you received from your sister at 6.07 and 6.08 a.m., which were answered? I never answered any phone calls from my sister that morning. You're aware that the Celebrite records indicated that you answered two calls from your sister. Objection, Your Honor. And 6.08 a.m. The objection sustained.
Your Honor, may I approach the witness? Okay. Attorney Little gave Nicole a copy of her phone records. You received a call from Jennifer McCabe on January 29th at 6.07.42 a.m. that lasted for nine seconds, correct? She may have placed a phone call to me. I never answered it.
I never spoke to her that morning. You also received a second call from your sister at 6.08, 17 a.m. that lasted for seven seconds, correct? Jackson. Go ahead and answer that. It says that, but I never answered a phone call from my sister Jennifer that morning. You're aware that cell phone companies have what are called polling records, correct? That show if there's a voicemail or something of that nature. Jackson, Your Honor. Justine.
Albert, it's your testimony here today that you never spoke to your sister that morning. I never spoke to my sister on the phone that morning. Who else was in your bedroom that morning? Me and my husband. You and Brian Albert were the only two individuals who could have answered those calls that morning, correct? There's only two people in the room.
Besides the dog. Brian Albert took the stand after his wife. He said he lived in Canton, Massachusetts for about 45 years and in the house on Fairview for about 11. His parents had lived there prior to him. It was his childhood home. He is now a retired Boston police officer. He said he worked there for approximately 30 years.
He testified that the day before John's body was found on his front lawn, he and his brother Kevin and friend Brian Higgins were together in New York at a funeral. The three of them and another friend drove back to Massachusetts. They got back into town and then he and Brian Higgins went out for some food. It was about 9 or 9.30 p.m. He then went to meet up with his wife Nicole and some other friends at the waterfall. Brian Higgins came a little later.
Then John O'Keefe and Karen Reed. He said he knew John, but not well. He had only met him two times prior to that night. He said he believes he met Karen once, about a week prior. He said an open invite was extended to anyone in the group to go over to his house following the bar. When he got home, he said he went upstairs to get their dog, Chloe, and then let her out in the yard. He then brought her back upstairs to his bedroom for the night.
He said at some point he took Brian Higgins upstairs to show him some photos in his son's room. He said it was very quick, maybe two or three minutes. He testified that John and Karen never came inside their home that night. On Cross, when asked by Karen's attorney, Alan Jackson, what he reviewed with Prosecutor Lally before trial, he said one of the things he reviewed was a small snippet from a video from The Waterfall.
Jackson asked him if it was the part where he and Brian Higgins were in fighting stances, and he said no, that's not what they were doing. Did you show him how you would throw a punch? I don't remember that, no. Did you squat down, show him how you want to get low when you're either aggressive or defending an aggression? I don't remember that exact pose, no. Did he walk over to you and grab you and...
Act like he was going to drive a knee into your stomach? I'm not sure. At some point, did you flip him around and grab him in a wrestling hole? I may have. I just don't remember exactly. Do these things sound familiar when you reviewed as to your review of the video that you saw with Mr. Lally? No, I didn't see all those on the video of Mr. Lally.
He was asked if during their long ride together on January 28th, back from the funeral, Brian Higgins mentioned anything to him about having been flirting with Karen Reed via text messages over the last few weeks. He said no. Mr. Albert, did Mr. Higgins say anything to you at that time about John O'Keefe arriving with Karen Reed at his side? No. Did Mr. Higgins say anything to you about being upset about
Karen Reed had shown up with John O'Keefe? No. He testified that he didn't know John very well, but respected him. He agreed he was better friends with Brian Higgins. He also agreed that in his initial statement to Sergeant Lank on the morning John's body was found, when he was asked who was present in the house the night before, he too left out his nephew, Colin Elbert.
At no point during that interview did your wife, Nicole, in your presence admit or mention that Colin Albert was in the house that night? No. So did both of you conveniently forget that Colin was there? Objection. I'll ask it again. Did you forget that Colin had been there? No. Is there a reason that you left his name out?
because he left when we got there. He wasn't there for the duration of the time that we had that night. Except for the fact that you just testified, you never saw him, right? Well, he said he was getting picked up
And then he was gone, so I assumed he left. People say a lot of things. But you didn't see him leave, and you didn't see him in the regular floor of the house, according to you, correct? Right. The ground floor of the house. Right. He was no longer in my house, so he left. Well, you didn't search the house, did you? No. And you never saw him leave? I didn't physically see him leave, no.
Brian testified that he gave a statement to trooper Michael Proctor a few hours later. He never mentioned Collins' name then either. He said on the night of January 28th, going into the 29th, when everyone came back to his house, he and Brian Higgins were just hanging out inside. At any point, did you and Brian Higgins go down to the basement? No, I don't remember going to the basement.
You don't remember going to the basement or you didn't go to the basement? No, I didn't go to the basement. Did Brian Higgins go to the basement? Not that I know of. And you didn't go upstairs to the second floor, did you? I think I did go upstairs, yes. Isn't it true that Brian Higgins has never been upstairs in your house? Prior to that night? Ever, including that night specifically. I don't think that's true, no.
He agreed that he had described their dog, Chloe, as not great with strangers. He testified that, quote, it started barking because it realized that people were downstairs, end quote, right? Yes. Chloe had a penchant for barking when she heard people, correct? No, not necessarily. She did that night.
Yeah, I think she wanted to use the bathroom. Well, that's not what you said in your testimony. You said it started barking because it realized there were people downstairs, right? Right. So your German shepherd, probably a decent guard dog, if she heard commotion and people, she would bark. Objection. Sustained. You can ask it differently. Obviously, if Chloe hears commotion and people, she's apt to bark. That's the only question. No. No.
So just that night out of nowhere, first time ever, Chloe starts barking when people walk into the house. No, it's not the first time ever, but she didn't bark often. Okay. But she did bark that night, right? Yes. And the reason that you gave under oath for why she started barking was because there were people downstairs knowing about, right? Yes. So in that instance, on January 29th, in the early morning hours,
She was barking because she heard people. Well, I can't say why she was barking. Well, you did say why she was barking. I let her out to use the bathroom, so I think that's probably why. Except your testimony was it started barking because it realized there were people downstairs. Those are your words, Mr. Albert, aren't they? Right. Okay. Do you stand by those? Yes. Okay. You ultimately did let Chloe out to go to the bathroom, correct? Yes. And then you allowed her to stay downstairs and you monitored her with the others who were in the house. Isn't that right? Yes.
As a matter of fact, you testified in that state grand jury, the same April grand jury, April of 2022. So I let it go out to the bathroom. I let it back in. I kind of monitored it a little because we usually don't have people over the house and the dog's not great with strangers, period. So I was just making sure that the dog was all right with the people that were over, end quote, correct? Yes. So in fact, you did keep Chloe downstairs at least for a period of time
with people that were over right yes for a few minutes i think mr albert after you learned that there were questions being raised about john's injuries and dog bites and scratches in may of 2022 you got rid of that dog no objection sustained you can ask it differently at some point your family got rid of clover collier's rehomed in may 2020 whatever words we want to
Rehomed, rehoused, whatever. But you got rid of her. She's no longer part of the Albert family, right? Rejection. Right. He said Chloe was involved in a dog fight with another dog. That's a family pet that you had had for six years or seven years? Approximately six or seven years.
Your explanation just now for having gotten rid of that dog is because it bit another dog and ultimately sent two women to the hospital, correct? I believe two women went to the hospital, yes. But you took no action to get rid of Chloe until after you knew that serious questions were being raised about John O'Keefe's... Attraction. Correct? Sustained.
At some point, you did realize there were questions being raised about John O'Keefe's injuries on his arm, correct? Jackson. I love that. Did you realize that? I heard some talk about it, yes. As of January of 2022, John O'Keefe had never been in your house, had he? John O'Keefe was never in my house before or after that date.
Certainly John O'Keefe, you would agree with me, he would count, were he in your house, he would count as a stranger to Chloe. Never met her? Hypothetically, yes. He was asked where he was at 6.03 a.m. on January 29th. He said in bed asleep next to his wife. He insisted he didn't hear anything outside. Had you taken any medication the night before? No. Were you on any sedatives? No. Sleeping pills? No.
Were you wearing a sleep apnea machine? No. Were you wearing an IMAX? No. Were you wearing earplugs? No. You shortly thereafter became aware that six emergency vehicles, including fire engine, police cruisers, and unmarked police vehicles, civilian SUV, were all parked in front of your house that morning, correct? I'm not aware of what type of vehicles were parked there, no. You seen photographs since this incident? Of the vehicles out front? Right. No.
Are you aware that all of those vehicles had their engines running? No. Are you aware that all the emergency vehicles at least had their lights on, flashing lights? No. Were you aware that there were first responders outside their vehicles traipsing around your lawn? Was I aware? Were you aware at the time? No. Were you aware that there were emergency responders, first responders, who were talking to each other over the din of the wind and the snow? No.
To communicate with each other? No. You're aware that there were three women on your lawn at one point? Just only after the fact. And at least one of those women was screaming to the top of her lungs? No. Again, your German shepherd was six feet from the window, correct?
I don't know that for sure. That's where Matt was. Well, that doesn't mean that's where she always is. She also sleeps in the closet area sometimes. Oh, so now Chloe's in the closet. I didn't say she was in the closet. I said she sleeps in the closet area sometimes. Was she sleeping in the closet area that morning? I don't remember. Likely her that she was sleeping on that mat five or six feet from that window, correct? Judge, I don't know.
He was asked how you would get to the basement if you came through the front door. He said you walk straight ahead past the kitchen to a basement door on the left. He estimated about six to eight feet. Jackson asked him what they used the basement for. Brian said there was a weight room and an empty room that had been damaged from an overflowed toilet.
There was also some plywood downstairs. Yes. There were a couple of mats where the actual weights were, so they're not slamming down onto concrete. Yes. But there was a good amount of that floor that was just exposed to concrete. Yes. The workout equipment would include things like, what, barbells, dumbbells? Yes. Heavy weights? Yes. Heavy bars? Yep. Made from metal? Yep.
Jackson asked if he wanted to remove something large and heavy out of the basement without going through the main house. Could he do that? Yes, and it would depend what it was, obviously. How big it was. How would you do that? There's a bulkhead door you can use. Got it. Where does that bulkhead door come out of? It comes out to the backyard right at the kitchen area. You can see it from the kitchen. And right to the left of that? Yeah.
is the side fence. Yes. And directly through that side fence is the front yard. Yes. The same side of the front yard as John O'Keefe's body was found. Yes. Brian testified that the 34 Fairview house had been in his family for two generations. The fact is, he listed that house for sale for the first time ever in November of 2022, correct? Yes.
That's the time we listed it, yes. Just months after John O'Keefe was found on your lawn. Jackson. Mr. Albert, is that timing, according to you, a coincidence? Is what? Is that timing a coincidence? Well, that's not the timing, actually. We contacted the realtor in 2021, finally listed it in 2022. Got it. So that would be pre-incident.
Jackson then changed topics to the iPhone Brian Albert had in January 2022. He read a stipulation to the court that said Brian Albert had received a letter from the Commonwealth on September 23rd or September 24th, 2022, ordering him to preserve that phone.
When questioned by Jackson, Brian testified that his phone was upgraded and traded in for a new phone the third week of September, maybe the 22nd, he said. So you now claim that you got rid of the phone on September 22nd, 2022, hours before you were ordered to preserve it. That's your testimony, correct? Yes. Is that just a coincidence? September 4th was my birthday. The phone was broken and failing.
I had planned on getting a new phone, and that just happened to be the day that I got it. Happy birthday. Was that a coincidence? Jackson. Sistine. Jackson asked him if he remembered being asked if it was a coincidence at another hearing in June 2023. You recall being asked, quote, so it's just a coincidence that within minutes, hours or days. Jackson, your honor.
Let's hear the question first. Within minutes, hours, or days of you trading in your phone, that phone you had in January of 2022, that you were ordered to preserve it. Answer, yes. Question, that's a coincidence. Answer, yes. Objection. Move to strike. I'll let that stand. That was your testimony, wasn't it? Yes. And that's what you're saying today to these jurors. Just a coincidence. Yes.
Jackson asked him if he and Brian Higgins agreed with each other to both get rid of their phones. Brian said no. Jackson brought up his prior testimony from the hearing in June 2023, where he said, quote, I don't recall saying I was going to get rid of my personal phone to Brian Higgins.
I may have said that, you know, there's personal stuff on my personal phone, but I don't recall saying that to him. But I don't know. We had multiple conversations about things. So you're not ruling out the fact that you may have told Brian Higgins that you intended to get rid of your phone, correct? No. You're not ruling out the fact that Brian Higgins may have told you that he intended to get rid of his phone? No, I don't remember him saying that to me.
Your testimony was, quote, I know there were conversations about the phones. I just can't say if he was going to get rid of his phone or not, end quote. You testified to that, didn't you? Yeah, I have no idea what he was going to do. I'm asking, are those your words? Did you testify to that under oath? Yes, although I don't know the context of the time that they were asking that question. June of 2020. No, not the date of the hearing, but when they were asking...
if and when that conversation took place. Does it really matter when it took place? I think so, yes. When you talked to Brian Higgins about getting rid of your phones, when do you think you had that conversation? I don't think I talked to Brian Higgins about getting rid of my phones. Well, you just said you can't rule out the fact that you had conversations with Brian Higgins about your phones and possibly getting rid of your phones, right?
No, I don't think that's what I said. You two discussed the fact that you both wanted to get rid of your phones. I don't remember having that conversation with Brian Higgins at all. Your testimony was, quote, I know there were conversations about the phones, sir. Correct? Correct that that's what you're reading. So if you're having conversations with Brian Higgins about the phones, what the heck were you talking about?
I don't know the timing of when they asked when those conversations were. Mr. Albert, I'm leaving it open to you. I don't care when it was. I'm asking you, have you ever had a conversation with Brian Higgins about your phones, respectively?
We may have. I just don't I can't remember that conversation specifically. And why in June of 2023 did you testify? I know there were conversations about the phones with Brian Higgins, in quote. I'm not sure of the context of that. So now you just can't remember. No, I don't think I could remember during that testimony either.
I think if you read the whole thing, I think I said, I'm not sure. I don't remember. Your quote was, I know there were conversations about the phones. I just can't say if he said he was going to get rid of his phone or not. Right. Does that help with pressure recollection? Yes. So now as you sit here and you answer my question, did you and Brian Higgins have a conversation about your phones? I don't remember having that conversation with Brian Higgins. Oh.
Jackson asked if he's aware that Brian Higgins also got rid of his phone. I am not aware of that until after the time you're talking about. So without qualifying your answer, answer my question. As you sit here, you're aware that Brian Higgins has also gotten rid of his phone. I know at some point, Brian Higgins... Mr. Albert? Did he...
Jackson, Your Honor. Can you answer that yes or no, sir? Yes. Okay. Jackson asked him if an investigator or forensics team ever came into his house to search for evidence. Brian said no, but that he wishes they had. Jackson responded, yeah, me too.
Jackson asked him if he was in the Marines and was a combat veteran. Brian said yes. He agreed that during his military training, he had hand-to-hand combat training. He said he also received additional training from the police academy about defensive tactics. Beyond that, he agreed that he had also boxed before. Jackson again showed him the clip of surveillance video from the waterfall, where Brian Albert and Brian Higgins look like they're practicing fighting.
Brian Albert testified that he believes he was just fooling around with his friend, being silly. Describe physically what you were doing in the video. I was playing around, sort of getting in a boxing stance. Otherwise, one of those fighting stance, correct? Yeah.
Yeah, for a second, yes. And what did Brian Higgins do? You got into a fighting stance. It looked like he was kind of doing the same thing. Fighting stance as well, correct? Yeah. What were you two talking about? I'm telling you, talking, right? Yeah, I don't know what we were talking about. We were just being silly, fooling around, having fun. Jackson then asked him where he keeps his phone at night. And Brian said he keeps it with him in bed. And you know what I'm about to ask you?
This is why you're saying you sleep with the phone in the bed, correct? Sure. All right. So that's sustained. That's true. All right. What else is in the bed with you? Your keys, your wallet, any other pocket items? No. Just the phone and your glasses? Yes. And Nicole's phone? Yes. Right between the two of you? Usually, yes. What about that night? Yes. Sir, did you make any phone calls after you went to bed between the hours of 1.45 a.m. and 6.30 a.m.?
Yes. Who did you call? I inadvertently called Brian Higgins. What time? I don't recall the exact time. After 2. 2.22 and 35 seconds. Does that sound familiar? Yes. Did you speak to Brian Higgins at any point between 1.45 a.m. and 6.30 a.m. that night? No.
You say you inadvertently called him at 2.22 in the morning? Yes. How did you inadvertently call him? Well, I don't know because it was inadvertent. So I have to explain that. Well, it's kind of like a butt dial. He agreed that he had testified previously at a hearing that he and his wife had been intimate around that time, which may have caused the butt dial.
Jackson handed him phone records, which showed a call from Brian Elbert's phone to Brian Higgins' phone at 2.22 a.m. that lasted for one second. Jackson said that was the one Brian Elbert said was a butt dial. Then there's a second call. If you look at the second line down, there's a second call at 2.22 and 52 seconds, 17 seconds later, correct? Yes.
That call is actually from Brian Higgins to you, isn't it? Yes. And that call doesn't last one second. That call lasts 22 seconds, correct? Yes. Obviously, you know how long 22 seconds is. What's that? You know how long 22 seconds lasts. Yes.
So according to your phone records, you placed a call to him and then 17 seconds later, he returned a call to you that lasted 22 seconds. Correct? That's what the records reflect. Yes. When you woke up in the morning, you obviously checked your phone. Did you not? I don't know if I did. Are you telling this jury that the call that came into your phone was a missed call or did you answer it? I did not answer it. So it would have been a missed call.
I just know I didn't answer the call. So it would have been a missed call. I don't know. I don't know that to be a fact. I just know I didn't answer the phone call. I missed the call. Yes. That's what I mean. Right. You missed the call. Right. It did something on your phone and you didn't answer. Right. And again, you're using an iPhone. Yes.
If you butt dialed Brian Higgins and he called you back and you didn't answer, you would have a very bright red missed call in your call log, correct? Josh. Do you know that? I don't know that. Have you ever missed a call on your iPhone before? Yes. And when you go to your call logs, it says missed call in red, correct? If your wife calls you and your kids call you.
I don't think I've ever noticed that it's in red. So no, I don't know that to be true. You're certainly alerted to the fact that it's a missed call. It's a missed call, right? If I were to go back and look at my incoming calls, it would probably say missed call, yes. And of course, if we asked you to show us your phone and show that that was a missed call, you couldn't do that because you've gotten rid of that phone, correct? Objection.
He said he didn't tell law enforcement about it because he didn't know about it. He testified that his phone could have been unlocked at the time. Did you hit a button to answer a phone call from Brian Higgins at 2.22 and 52 seconds in the morning? Not that I know of. You do know that that phone will not answer on its own, correct? Yes. And simply touching your butt will not answer that phone. It has to be swiped. No, I don't think it has to be swiped. You would agree that a 22-second call from Brian Higgins...
Jackson pointed out that the first call he made the following morning at 7.20 a.m. was to Brian Higgins. Brian Elbert agreed.
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Brian Albert Jr. is the son of Brian and Nicole Albert. He testified that on the night of January 28th going into the 29th, while seated at the dining room table of his family's home at 34 Fairview, he saw a dark-colored SUV parked near the driveway.
And when you look through the blinds, what is it that you saw out in front of your house? Yeah, so I saw a truck, which was Julie Nagle's brother's truck, I believe. And that was a little ways, almost like in front of the driveway of the house. And then a little ways in front of it, there was another car that I hadn't recognized before. It was a dark SUV-ish. And that's all I knew about it and could see about it.
He noted that it was initially positioned close to the mailbox and later moved closer to the flagpole, with the passenger side facing the house. He said he could see the tire tracks in the snow. On cross, attorney Elizabeth Little questioned him more about what he saw. So you'd agreed that the visibility and lighting in part of the house was good enough that you were able to see tire tracks in the snow? Sure.
But you did not see a 220-pound man lying in the snow in your front yard, did you? Josh. Is that something that you saw? No, I didn't see that. He said he's pretty sure his dad went upstairs after Brian Higgins left the house. He testified that he didn't wake up the following morning until his dad knocked on his bedroom door. He didn't hear anything outside. Mr. Albert. Hi.
How many times have you discussed this case with members of your family before you spoke to the Massachusetts State Police on May 18, 2020? I don't have an answer for that. I don't know how many times. Hundreds? We talked about it pretty decent. I mean, considering... Yeah. What members of your family have you discussed this with? My parents, my sister, occasionally my aunt, JJ, and Uncle Matt. You said that hundreds of conversations...
Well, I guess you'd have to split it up and quantify what conversations were about the actual case and what conversations have been the harassment we've faced since then. And all of these discussions took place with you and members of your family prior to your interview with the Massachusetts State Police, correct? No, we've talked since then. You've continued to speak with them about this case since your interview. Yeah.
I don't know what you mean by this case. This case meaning the actual case at hand or just the case about the harassment we faced? I'm talking about what happened on January 28th and January 29th. Yeah, but there's really nothing to talk about about those specifics, no, because we have nothing to say about that. We weren't part of it. Mr. Albert, you looked out the window multiple times on January 29th, correct? Twice, I think I said.
You never heard any sort of commotion outside? No. You never heard screaming, yelling, or the screech of brakes in the front yard? No. You never saw a 220-pound man in dark clothes in the white snow on your front lawn? No. But you did see those tire tracks? I did.
Kaitlyn Elbert is the daughter of Brian and Nicole Elbert. She testified that she no longer lived at 34 Fairview in January 2022 and was living with her boyfriend, Tristan. After leaving the waterfall that night, she said she went back to her parents' house. Neither John O'Keefe nor Karen Reed were there. Her boyfriend, Tristan, picked her up in the early morning hours, about 1.45 to 2 a.m., she estimated.
She testified that she got into the car, which was in the driveway, and then focused her attention on him. She said they were having a conversation, and so she didn't look out the window at all. On cross, she agreed that she had never been questioned about what she saw that night until after being called in to testify at a grand jury hearing in May 2023. This was referred to as a grand jury hearing that was not called by the Commonwealth.
It was only after she testified there that Trooper Proctor then interviewed her in August 2023. Caitlin was asked questions about her friendship with Katie McLaughlin, a firefighter paramedic who had testified earlier in the trial. Part of McLaughlin's testimony was that she had heard Karen Reed say, "'I did it, I did it.'" Caitlin said Katie McLaughlin wasn't a close friend, but that they had a lot of mutual friends.
Attorney David Yannetti pointed out that they were at a baby shower together eight months prior to John's passing. Caitlyn agreed. Yannetti showed her a photo of the attendees all standing together, and Caitlyn and Katie McLaughlin were next to each other.
She's right next to you in that photo, correct? Yes, she is. That was in June of 2021, correct? Yes. So if somebody testified that you hadn't seen each other in three years prior to January 29th of 2020, that would be wrong, right? Objection. Fade. Yannetti continued to show her other photos of outings, but the two of them were shown together. Caitlin maintained that they weren't close friends.
Yannetti also asked Caitlin about how her boyfriend Tristan picked her up that night, even though he had left the waterfall earlier in the night to go home and go to bed, knowing that he would have to be up early to plow the snow. Yannetti questioned why he did this. You stayed believing that Tristan was going to try and rest and sleep, correct? Yes.
And the plan when he left you was that you wouldn't see him again until after he was done with his plowing that morning, correct? That's incorrect. Okay. So is it your testimony that the plan from the beginning was that Tristan was going to drive from Canton to East and get some rest?
and then drive from Easton to Canton to pick you up so that he could take you back from Canton to Easton. That was the plan? It may not have been set in stone, but it was definitely spoken about. And then that's what ended up happening. Yes.
Have you ever told anyone that before, Ms. Albert, that the plan from the start of the night was that Tristan was going to have four trips total from Canton to Easton, Easton to Canton, Canton to Easton? Have you ever told anyone that before? I don't remember if I mentioned that to anybody. That was the first time you ever said that just now before this jury. Would you agree with that? I believe so. Okay.
Almost two and a half years after January 29th, correct? Correct. Isn't it true that you decided at 1.45 in the morning that it was important for you to get home? At 1.45 around that time is when Tristan picked me up a little bit after that, but I didn't want to get snowed in at my parents' house. It was important for you to leave 34th Fairview, correct? Correct.
I wouldn't say important, but it was something that I wanted to do. It was important enough for you to leave, correct? Yes. And you made the decision to have Tristan drive from Easton to Canton to pick you up, correct? Yes. How far is it from Easton to Canton? From our apartment in Easton to 34 Fairview Road is about 18, 19 minutes. And that's when there's not a snowstorm on the side, correct? Correct.
Of course, in a major snowstorm, you certainly can't drive as carefree as you can when you're driving on a good road condition, correct? Right. And your boyfriend was making that trip multiple times that night, correct? Yes. Caitlin's boyfriend, Tristan Morris, testified that although he left the waterfall early that night to go home and sleep, he barely got any sleep before Caitlin texted and called him to come pick her up.
He told the jury that he also didn't see anything unusual on the front lawn when he was there. On cross, he was asked about why he went to pick Caitlin up when he did. From the beginning of the night on January 28th, your plan was to go home early, correct? Correct. You weren't drinking much, correct? That is correct. You had to get up early.
Yes. And it actually was really early. It could have been as early as 3 a.m., correct? Correct. So from the beginning, you knew that you weren't going to get much sleep, correct? Yes. And if you were going to get any sleep, you couldn't stay at the waterfall all night, correct? That is correct. So you left early. Yes. And you planned to go home, get whatever rest or sleep you could get, and then wait for the call to go out plowing, correct? That is correct. The plan from the beginning was not...
for you to leave the waterfall, go to Easton, and then drive back from Easton to Canton to pick up Caitlin and then take her back to Easton so that you can wait for the call for clown. That was not the original plan, correct? No, it wasn't. No, of course it wasn't. So I apologize, Ron. I withdraw that comment.
Tristan reiterated that as he drove past the front lawn, he didn't see anything unusual. You were driving your vehicle past really the entire length of Brian Albert's front lawn, correct? Yes. And the front lawn would have been on Caitlin's side of the car, correct? Yes. And you drove past the flagpole that you're familiar with, correct? Yes.
And as you drove past that entire front lawn, you never saw any of the things I previously asked you about the baseball hat, the sneakers, the pieces of red plastic for a six-foot-two man, correct? I did not. You saw nothing out of the ordinary, correct? Correct. And you saw no tire tracks in the snow leading to the Alberts front lawn, did you? I did not. You didn't see anything that would lead you to conclude that there had been a car crash there, correct? Absolutely not. Sustained.
Sarah Levinson, who was also at 34 Fairview Road that night, testified that she too never saw anything unusual as she left the house. She left with Jen and Matthew McCabe, who gave her a ride home. Julie Nagel, however, testified that she did see something in the yard when she left. She testified that while waiting for her brother and his friends to pick her up sometime after midnight, she saw an unfamiliar SUV outside the Elbert home.
So when I noticed looking out the window, I did notice the SUV in front of the mailbox and then pulled up a little bit in front of the yard and then stopped and then pulled up again towards the flagpole. So you saw it in sort of three different locations at the time that you were seeing it? Correct, yes.
And again, where were you in relation to the vehicle at the time that you made these observations? I was inside at the dining room table, looking out the window. And at any point in time, did you see anybody come out of that? I did not, no. She said when her brother and his friends arrived, she went outside to talk to them and then decided to stay longer. They left and she went back inside.
Later, she and her friend Sarah Levinson left with Jennifer and Matt McCabe. She said it was between 1.30 and 2 a.m. She told the jury what she saw. And as you drive by home, what, if anything, did you observe? I did notice behind Sarah and Jen, I did notice like a
something out of the ordinary, like a black blob in the ground by the flagpole. And from where you were situated in the park, what was the lighting like over in that area of the yard? It was pretty dark out, but the snow was kind of heavy at that point, so
Couldn't really see too much, but... So the snow was coming down at that point? Yes. And if you know about where in relation to the flagpole was this flag object that you saw? I would probably say like close to the street, but like in their lawn, right kind of in front of the flagpole next to it. She said it was about five or six feet long, but she couldn't tell what it was.
She said she mentioned it to the others, but was drunk and didn't pursue it further. On cross, attorney David Yannetti pointed out that she wasn't interviewed about what she saw until October 2022, when Trooper Proctor finally interviewed her. And when he spoke to you on October 5, Trooper Proctor asked you for the first time to remember the details from eight months before that, correct?
If that was the timeframe, yes. And you are good friends with Sarah Levinson, correct? Yes. Certainly over the last two plus years, the two of you have discussed what happened on January 28th and 29th, correct? Yeah.
And you know that Michael Proctor only interviewed you after the defense in this case filed a motion to get Sarah Levinson's name from the DA's office. Objection. The objection sustained. Next question. She agreed that Jennifer McCabe asked her for screenshots of her text messages with her brother from that night and that she gave them to her. She said she didn't give them to any investigators.
As for the black blob, she said she saw it as she was seated behind the driver in the car. As Matthew McCabe was driving that vehicle alongside the Albert property line, Jennifer McCabe in the front passenger seat and Sarah Levinson in the rear passenger seat were the closest two people to the Albert home, correct? Yes.
And as the car passed in front of the Auburn home, you saw no tire tracks in the snow, correct? I don't remember. Right.
You claim now to have seen a black object in the snow, correct? Yes. Object is the term that you used when you were finally interviewed about this matter, correct? A black object, yes. You never before ever...
told any investigator that what you actually saw was a black blob, correct? I don't remember. And you also never, ever told any investigator
that this black object that you described was actually five feet or six feet long, correct? Correct, yes. The very first time you're now mentioning this testimony that this black object, as you describe it, was actually five or six feet long was just today.
after 12 noon on May 14th of 2024, correct? Lally asked me how big it was, so I just told him right now, yeah. Ryan Nagel is Julie's brother, who testified that just after midnight on January 29th, he went to 34 Fairview Road to pick her up. His friend Ricky was driving.
As they were pulling up, he said he saw a black SUV coming up the road towards them. So you're approaching at the same time, is that correct? Yeah, just about, yes. And with regard to Fairview being on the left, what, if anything, had Ricky done with respect to the vehicle to signal the left? He put his left blinker on. And that other vehicle that was coming in the opposite direction, what, if anything, did you observe as far as their direction? They had their right direction on.
And so as a result of that, what, if anything, did Ricky do? He flashed his headlights to let the person go because they were going to beat us, obviously, to the turn. And when they were coming in, so they went first, is that correct? Yes, sir. Ricky's truck then proceeds behind that black SUV onto Fairfield. Yes, sir. He said Ricky stopped their truck right in front of the driveway. The black SUV was about a car length and a half in front of them.
He said it had just started to snow. Julie came out and asked if they wanted to come inside. They didn't, and so Julie said she was going to stay. She went back in. Now, as far as the black SUV in front of you, what, if anything, did you observe about movement of that vehicle at any point? I noticed that the brake lights, the only reason I noticed is because the brake lights were on and it moved, let's say moved up maybe another car length in front of us.
And when was that in relation to when you were parked out there waiting for Julie, talking to Julie? When was that? Uh, probably simultaneously when she came out the door. Uh, so moved up a little bit further, about a car, car and a half? Uh, further away from us. Facing the same direction? Yes, sir. They went around the SUV in front of them and drove away. And as he's going by, uh, the dark SUV, um,
What, if anything, did you observe with reference to? I observed that there was a person inside the car with the interior light on. And that would be sort of a dome light, is that right? Correct, sir, yes. Did you see where the dome light was as far as in the left, right, or center of the vehicle? It was in the center. And can you describe the person that you saw? Where were they? First of all, where were they in the car? They were in the driver's seat. And can you describe what the person looked like? It was a woman.
And how do you know that it was a... Um, long hair. He said it seemed like she was looking straight ahead with her hands at 10 and 2 on the steering wheel. He only saw her and it was at a glance as they drove by. He said he didn't hear any screaming or yelling or anything unusual. He saw no damage to the taillights.
Ryan's girlfriend Heather, who was also with them, and friend Ricky testified too. Both confirmed they saw the same thing as Ryan. Allie McCabe is the daughter of Jen and Matthew McCabe. She wasn't present at the bars that night, but her night ended with her picking up Colin Elbert from 34 Fairview Road and driving him home.
She said he had been drinking. According to screenshots she took of their conversations, at 11.54 p.m., Colin texted, you can get me now, if easier. She replied a minute later, stating, okay, I am driving people home now. At 12.10 a.m., she wrote, here, to which Colin responded, okay.
She testified that about 30 seconds later, Colin came out of 34 Fairview Road and she drove him home. On cross, attorney David Yannetti pointed out that she never turned over her screenshots of the text messages in the year following John's death. In addition to that,
You never called an investigator to say, hey, I have a copy of the screenshot of a text message conversation that I had with Colin Elk, correct? No, it wouldn't have been relevant at that time. I believe because Colin was not at the house and wasn't introduced as being there until later.
She said she turned over the screenshots in the summer of 2023, and she was asked. Gennetti pointed out that she had a new iPhone by that point, and she agreed. You say that you transferred over the data from the old phone to the new phone, correct? Correct. When did you take that screenshot that was displayed to the jury today?
I don't remember. Was it before or after you got rid of your old phone? I don't remember. He asked her if there were any deleted messages from that conversation that weren't in her screenshots. She said no. With regard to the timestamp on those messages, the conversation about I'm here, the phone
I believe you said it gave the time 1210 a.m., correct? Correct. Are you aware how easy it is to change that time? No. Are you aware that all you need to do is go from settings to general and then there's a date and time that you can alter? Objection.
Are you aware of that? No, I didn't know that was a thing. You know that when you set up your iPhone, you have to choose a time zone, correct? Correct. And you always choose the New York time zone because that's where Boston is, right? Correct. Are you aware that if you go into settings, general, and then date and time, you can change the time zone to wherever you're going? I guess. I didn't. Once I set my phone up, I have no reason to change the time. Okay.
And in addition to changing the time zone, you literally can choose any time that you want. You could make 1.45 a.m., 12.10 a.m. in about three seconds. Do you know that? Do you know that? No. Colin Albert took the stand after Ali. Colin is the son of Chris and Julie Albert and the nephew of Brian and Nicole Albert.
Collin testified that he spent the early part of the night of January 28th drinking beer at a friend's house. He was a senior in high school. Later, he went to his uncle's house at 34 Fairview Road to celebrate his cousin Brian Elbert Jr.'s birthday. He told the court that he got there at about 10.30 p.m. and stayed there for about an hour and a half.
He said he texted his friend Allie for a ride home. She picked him up shortly thereafter. He said he got home around 12.20. He testified that he did not see John O'Keefe at any point and didn't talk to him at all that night. He said he had no issues with him, that he was a nice guy, a good guy. He said at some point he provided police with a screenshot he took of the text message conversation he had with Allie from the night of January 28th.
His screenshot was now shown to the jury. The content and times were the same as Allie's screenshot. On Cross, attorney Alan Jackson showed a photo of Colin Albert as the ring bearer in Courtney Proctor's wedding 10 years ago. At least at that time, 10 years ago, your family was close enough to the Proctor family such that you were a ring bearer in Courtney Proctor's wedding, right? Correct. And who's Courtney Proctor's brother?
Colin agreed he would consider the Albert and Proctor families close.
He said he was never interviewed by the Canton Police Department and was only interviewed by Massachusetts State Police once, about a year and a half after John's death. He had testified at a different hearing that that interview had lasted only 10 minutes. Jackson pulled up the screenshot Allie McCabe had turned over and noted that after their text conversation about picking him up,
The next text message between them wasn't until February 20th, 2022. That's nearly a month later, correct? Correct. So there was a gap after January 29th, 2022, when you found out that a man had ended up dead on your uncle's lawn and you and Allie did not text each other for a month, not once. Objection.
Sustained is to that form. Ask a different question. Isn't it true that on January 29th, later in the day, you found out about John O'Keefe and his condition? Is that true? Did you find out that day? Yes. Okay.
So you were well aware of, we can take that now. You were well aware, Mr. Albert, that something very tragic had happened at your uncle's house, Brian Albert's house, right? Correct. And you were aware that you had been at your uncle's house at night, right? Correct. You're also aware that, according to you, Allie McCabe was the one that picked you up and took you from that location.
Correct. And notwithstanding the fact of this tragedy, you and Ali didn't text each other one time for a month. Is that right? I don't think that's correct. So where are those texts? We text on other platforms too. So I'd say other apps.
So is there a reason why you decided for the next month to just switch platforms and maybe Snapchat? Jackson. I'll allow it. No reason. Are you sure that you switched platforms? I'd say so, yeah. Why did you switch platforms? We go back and forth, I'd say, between platforms, Dexton. You switched platforms because you know that Snapchat deletes all communications, right? Jackson. Jackson.
Ask it differently, Mr. Jackson. Do you know that Snapchat has an auto-delete function on it? If your app is set to that, yes. Your app was set to that, wasn't it? I do not remember that. Jackson asked if it's true that he either deleted the text in that time frame or switched to another app because he didn't want their conversations to be discovered. Colin said that wasn't true. So where are those communications? I do not know. Can't produce them right now, can you?
I'm not sure. So in the days, hours, days, and weeks following the death of John O'Keefe, your communications with your best friend, Alan, the person who gave you a ride home that night, they're just gone, right? I'm not sure. Jackson put up a photo of Colin and some friends from February 26, 2022. I want you to take a look at the right hand.
And you see from there, clearly your right hand? Yes. What do you notice about your right hand? It's cut up. Your knuckles are injured, correct? Correct. Now, you didn't take this photo, did you? No. That photo was never on your phone. In other words, it wasn't a friend of yours that took the photo? No. This was taken by an event staff member, is that right? Correct. It was later posted on social media, isn't that right?
Correct. You couldn't manipulate the time or date this photo was taken? No. This photo is completely sort of out of your control. Isn't that right? Correct. And it was controlled by the event staff at Fenway Johnny's. Correct. And on February 26th, less than a month after the incident at Fairview, that's what your right knuckles look like. Correct? Correct. And this is a true and accurate depiction of your condition on or about February 26th. Correct? Correct.
How'd you get those injuries? I was at a party, my house party, my senior year. And it was, I remember it being icy out and I was, it was like a, it was kind of like a steep hill of a driveway and I was walking up the driveway and I slipped down the driveway and I tried to catch myself, but I had something in my left hand. So I had tried to brace myself with my right hand and I ended up sliding a little bit down the driveway. What'd you have in your left hand?
If I remember, it was either my phone or a beverage. So according to you, you fell on ice and injured your knuckles twice.
As we just saw in that photograph, right across the top of your knuckles. Correct. So you fell onto pavement, asphalt. Yes. And you braced yourself when you fell your entire body weight by putting your right hand down in a fist and you injured your right fist, just the top of the knuckles on your right fist when you fell down. Correct.
Jackson said his injuries look an awful lot like what you would get in a fight. He asked if he has ever been in a fight before, and Colin said no. Jackson then introduced videos of Colin from when he was in high school, where he can be heard making threats like, I will fuck you up, and I will beat your asses. He testified that he made those to a group of teenagers from another town.
He agreed that he said those things, but said no violence ever came from it. Matthew McCabe is the husband of Jen McCabe. He was at the waterfall with their group of friends on the night of January 28th. He said he didn't notice anything out of the ordinary that night. As he and Jen left the waterfall, Jen received a text message from John asking for the address to Brian Albert's house, where they were all heading.
Matt said he told her to just call him, so she did and gave him directions. A few minutes later, John called back, and they needed more directions, so they described it further. Matt and Jen then went into 34 Fairview. He said they got there at 1230, and he estimated they left at about 145.
He was asked if he ever saw Colin Albert there, and he said no. As to whether he ever saw his daughter, Allie, come to pick Colin up, he said no. She was never there at the same time he was. He described sitting at the kitchen table and looking out the front window. He noticed a big, dark SUV parked in front of the house. He saw it move up a bit towards the flagpole. He thought it was weird that they weren't coming in.
The third time he looked, the car had moved forward yet again. He couldn't see anything or anyone inside the vehicle. The last time he looked out, he couldn't remember when. The vehicle was gone. On cross, attorney David Yannetti asked him about a group chat he was involved in on February 1st, 2022, which included Brian and Nicole Elbert and Matt's wife, Jen.
In the chat, Matt told the group that state troopers were searching a neighbor's property. You agree with me that you were watching what was going on, correct? On February 1st? No, I just happened to be driving through the neighborhood at that moment. In the chat, Matt wrote, Troopers back out front, but in front of Asian house. And looks like more has been dug up there, or at least looks like it. Brian responded, right now? Matt wrote, yes. Brian wrote, okay.
Matt then wrote, I had to pick up a car, so drove through. Then, trying to get a picture, Brian responded, okay.
Yannetti had Matt read another message he sent the chat later that day, which he agreed was about Carrie Roberts being interviewed. Quote, very weird that she's been barely interviewed. The whole dead comment was just told. I was supposed to have them talk last night and forgot to tell Proctor to call her. Do you recall that? Yeah.
I recall it, correct. Those are your words, correct? Yes, they are. May that be displayed? No, it's in. We may display it later, but I'd like to move this testimony along. So that's in evidence. And then in that discussion at 3.03 p.m. and 15 seconds, it was Brian Albert who texted, quote, hope they don't think she's making it up after the fact for some reason, end quote, correct? Correct.
I'll allow that. His next response, which was at 3.05 and two seconds, where he said, but if they barely interviewed her, that's on them, correct? That's from, yeah, from Brian. Yes, that's correct. Yannetti asked him about another exchange that day. You texted the group chat to say, ask Chris to ask some questions, correct? Yes.
Yep, I'm reading it right now. Yes, that's correct. And who is the Chris you were referring to? That would be Chris Albert. Brian's brother, correct? That is correct. And then you then texted your wife, Brian Albert, and Nicole Albert. Well, tell them the guy never went in the house, correct? Yeah, that's part of the same text.
Yes. Mr. O'Keefe, who was the guy that you were referring to? Does he have a name? That would be John. John O'Keefe. When you told the group to tell them the guy never went in the house, that was you talking about how you should all get your stories straight, correct? No. You would agree with me that your stories are all straight in terms of the guy never went in the house, correct? Objection. Can you answer that? John never went in the house.
It's not a story. It's a fact. And that's where we are going to stop for part two. In part three, which I was hoping to release next week, but looks like it might actually be the following week, we will get into the remaining testimony and the verdict from this trial that occurred last year in 2024.
And just wait until you hear what comes next. What the lead investigator, Trooper Michael Proctor, testifies to. What Brian Higgins says about his secret text messages with Karen Reed. We'll hear from another one of the state's witnesses who will describe exactly what the prosecution's theory is. And then some surprising witnesses from the defense. Thanks again for listening. Until next time.