Chris Albert's full testimony in Karen Read murder trial

[00:00:00] Speaker 1: I've been asking your main center to face the court and the court and jury in the case down here and should be the truth, the whole truth, and nothing about the truth, so help [00:00:15] Christopher Albert: you grow up. Yes, I do. [00:00:17] Speaker 1: Thank you. Pull the chair forward. [00:00:19] Christopher Albert: Pull this, uh, great right? Gotcha. [00:00:21] Speaker ?: Thank you. [00:00:22] Speaker 3: Any time you're ready, Mr. Lally. [00:00:30] Speaker 4: Thank you, Your Honor. [00:00:31] Christopher Albert: Good morning, sir. Good morning, sir. [00:00:33] Speaker 4: Could you please state your name and spell your last name for the jury? [00:00:36] Christopher Albert: It's Christopher Albert, A-L-B-E-R-T. [00:00:40] Speaker 4: And where do you live, sir? [00:00:41] Christopher Albert: I live at 22 Maple Street, Unit L, Canton, Mass. [00:00:46] Speaker 4: And how long have you lived there? [00:00:49] Christopher Albert: Almost two years. Sorry, go ahead. [00:00:53] Speaker 4: And how long have you lived in Canton? [00:00:57] Christopher Albert: Since 1974. [00:00:59] Speaker 4: And so, pretty much your whole life? [00:01:02] Christopher Albert: Pretty much, since I was four. [00:01:05] Speaker 4: And prior to living in Maple, where did you live in Canton before that? [00:01:13] Christopher Albert: Seven Meadows Ave in Canton. [00:01:15] Speaker 4: And how long did you live at Seven Meadows? [00:01:19] Christopher Albert: From 2001 to 20, 21? About 20 years. [00:01:25] Speaker 4: And who, if anyone, do you live with now? [00:01:29] Christopher Albert: I live with my wife, Julie, my oldest son who just came home from the Navy, my middle son, Colin, and my youngest son, Dylan. [00:01:38] Speaker 4: And how long have you and your wife, Julie, been married? [00:01:45] Christopher Albert: Uh, roughly, gosh, you're gonna kill me, um, 21 years, around 21 years. [00:01:57] Speaker 4: You mentioned you and your wife, Julie, you have three sons? Yeah. Um, and how old are they? [00:02:01] Christopher Albert: My oldest is 25, uh, my middle is 20, and my youngest is 16. Now, uh, do you work, sir? [00:02:11] Speaker 4: Yes, I do. [00:02:12] Christopher Albert: What do you do? I'm self-employed. I own a, uh, small pizza shop. [00:02:17] Speaker 4: What's, uh, what's the name of the pizza? [00:02:19] Christopher Albert: It's called D&E Pizza. And how long have you, have you owned that? [00:02:21] Speaker 4: 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. [00:02:29] Christopher Albert: And, uh, does your wife work? [00:02:31] Speaker 4: She does not. Um, does she help out with, uh, the D&E Pizza Shop? [00:02:36] Christopher Albert: She does some of this behind the scenes stuff, yes. [00:02:39] Speaker 4: Now, when you lived on Meadows Avenue, did you have occasion to become familiar with someone named Jono? Yes, I did. And how long have you owned that? How was it that you knew Jono? [00:02:50] Christopher Albert: Yes, I did. [00:02:51] Speaker 4: And how was it that you knew Jono? [00:02:54] Christopher Albert: Um, so he, he bought, uh, one Meadows Ave, 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 Jono was. [00:03:17] Speaker 4: And you mentioned he bought the house at sort of the top of the street, is that correct? [00:03:20] Christopher Albert: Yeah, it's the very, if you're coming off Pleasant, you take a right down Meadows, it's the first on the right. [00:03:25] Speaker 4: And then, um, on Meadows Ave, about how many, how many houses are on Meadows? [00:03:30] Christopher Albert: Uh, well, between us or on 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. [00:03:46] Speaker 4: And then how about in between one and seven? [00:03:48] Christopher Albert: So there's two, there's two houses between, uh, mine and Jon's. [00:03:52] Speaker 4: And, uh, your house is both, uh, odd numbers, are they on the same side? Same side, yeah. Now, you said that that's how you initially came to know Jono Keefe. Uh, how did your relationship sort of, uh, go on from there? [00:04:04] Christopher Albert: 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. I usually just grab a slice. [00:04:30] Speaker 4: Now, um, you grew up in Canton, correct? [00:04:34] Christopher Albert: Yes. [00:04:35] Speaker 4: And, uh, do you have any siblings? [00:04:36] Christopher Albert: I do. I have six. [00:04:38] Speaker 4: And, um, what are, what are the names of your six siblings? [00:04:42] Christopher Albert: 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 of us. [00:04:59] Speaker 4: Where, where, where is it that you sort of fit in, in that sort of- [00:05:03] Christopher Albert: I'm the third oldest. [00:05:04] Speaker 4: Now, your older brother, Brian, what does he do for work? [00:05:07] Christopher Albert: He's a Boston police officer, or he was, he's recently retired. [00:05:11] Speaker 4: And, uh, your brother, Kevin, what does he do? [00:05:13] Christopher Albert: He's a Canton police officer. [00:05:15] Speaker 4: And, uh, John O'Keefe, were you familiar with what he did for work? [00:05:18] Christopher Albert: Yes, yeah, I knew he was a Boston police officer as well. [00:05:21] Speaker 4: 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? It was a Friday, I believe. And, uh, were you working at, uh, the D&E 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 in to D&E? [00:05:46] Christopher Albert: John came in that day with his, uh, with his nephew, Patrick. [00:05:49] Speaker 4: And, uh, do you recall what, what did they get that day? [00:05:53] Christopher Albert: I think they just got two slices of pizza, if I recall correctly. [00:05:57] Speaker ?: Right. [00:05:58] Speaker 4: And what, if any, conversation did you have, uh, with Mr. O'Keefe as far as plans for later in the year? [00:06:05] Christopher Albert: 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, not I, I said to him, I'll shoot you a text later. If you're around, maybe we can hook up. Okay. [00:06:29] Speaker 4: So in that sense, or how would you describe your, your relationship with Mr. O'Keefe? Oh, it's a good relationship. [00:06:35] Christopher Albert: Yeah. [00:06:36] Speaker 4: 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? [00:06:50] Christopher Albert: So the shop stays open until 10. Um, I know that I, I left some time a little bit before 10. Um, I had my wife drop me off some clothes in the, it 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 leave. And so I think I left before the store actually closed a few minutes. [00:07:14] Speaker 4: Now, during the time or prior to you leaving, uh, the pizza shop, what if any conversation, uh, via text that you have with Mr. O'Keefe? [00:07:25] Christopher Albert: 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 ahead. [00:07:50] Speaker 4: And where did he say that he was? [00:07:52] Christopher Albert: He was at CF's, CF McCarthy's. [00:07:54] Speaker 4: Are you familiar with, uh, both of those establishments as far as CF McCarthy's and waterfall? Yes, I am. And with regard to your pizza shop, uh, where is CF McCarthy's location to that? And where is waterfall? [00:08:06] Christopher Albert: So if I was sitting at my front door looking out, CF McCarthy's would be to my right. And waterfall would be down the street diagonal, maybe like 200 yards on the opposite side of the street. [00:08:20] Speaker 4: Uh, so both sort of walking distance from where you were. Yeah. [00:08:24] Christopher Albert: Yeah. [00:08:25] Speaker 4: So now your home on Maple, uh, where is that in, in relation to those businesses on Washington Street, including your own? [00:08:32] Christopher Albert: So Maple Street is like, um, probably from my pizza shop is maybe like a five minute walk. You know, it's not far, um, and a little closer to waterfall. So maybe it's like a seven minute walk from D and E and like a five minute walk from waterfall. [00:08:52] Speaker 4: And are there any sort of, um, any area where you live, is there any sort of like town buildings or anything like that? Yeah. [00:08:59] Christopher Albert: 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. [00:09:11] Speaker 4: And, uh, the library that's around where you live, is that the only public library? [00:09:17] Christopher Albert: That's the, uh, besides what's inside schools. Yeah. That's the only public library. [00:09:22] Speaker 4: And, uh, so again, I'm sorry, but what time is it that you leave D and E to go to waterfall? [00:09:29] Christopher Albert: Just before 10, maybe like 9:50 ish. [00:09:33] Speaker 4: 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? [00:09:41] Christopher Albert: Are you, are you there? Um, she was down there. She was down there. So I had a conversation with her and I think that's how I headed down there. [00:09:50] Speaker 4: So you went there to meet your wife, correct? [00:09:52] Christopher Albert: Yeah. Yeah. [00:09:54] Speaker 4: 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, uh, who, if anyone did you recognize when you came? [00:10:02] Christopher Albert: 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 McCabe was there. Jim McCabe was there. Um. Um, my sister-in-law, Nicole, was there. My niece, Caitlin, was there. Um, I think when I first walked in, that's who was there. [00:10:23] Speaker 4: And, uh, you mentioned, uh, Jennifer and Matt McCabe. Is that right? Yep. And how do you know that? [00:10:30] Christopher Albert: 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 whole, pretty much my whole life. [00:10:45] Speaker 4: And you were testifying earlier about some of the people that you and Mr. O'Keefe sort of knew in common. Would Mrs. Bekay be one of those people? Yes, yeah. And when you walk in, um, relative to the establishment, um, whereabouts were, were those people situated? [00:11:02] Christopher Albert: 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 were, I think we were the, maybe either in the middle or the next table to the bar. [00:11:16] Speaker 4: So with those three sort of tables together, if you know about how, how long a table are we talking about? [00:11:24] Christopher Albert: I would say they're about a six foot table. [00:11:28] Speaker 4: And was this a low top, high top or something? It's like a high top. And, uh, 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? [00:11:39] Christopher Albert: There was a live band that was playing to the side. [00:11:44] Speaker 4: About how close to your table was the live band? [00:11:47] Christopher Albert: Oh, within like six or seven feet probably. [00:11:50] Speaker 4: Fair to say pretty loud in there? [00:11:52] Christopher Albert: Pretty loud, yeah. [00:11:53] Speaker 4: And when you walk in, where do you sort of, where do you go in, in reference to sort of the other people in the area? [00:11:59] Christopher Albert: I go right over to the table. And, um, I think I walked right over, said hello to them, sat down. [00:12:04] Speaker 4: And, uh, what if anything did you order when you got there? [00:12:08] Christopher Albert: Um, I ordered a beer. [00:12:11] Speaker 4: And did you, uh, did you eat while you were there as well? I did, yeah. [00:12:14] Christopher Albert: I was starving. I didn't eat all day, so I, um, ordered some food, appetizers. [00:12:19] Speaker 4: And throughout the course of the evening, um, what is it, you're at a bar, so you're drinking, correct? [00:12:26] Christopher Albert: Sure. [00:12:27] Speaker 4: And, uh, what, sort of what were you drinking? [00:12:30] Christopher Albert: Uh, Miller Lite. [00:12:32] Speaker 4: Is that sort of normally what you would drink when you go out? Yeah. [00:12:35] Christopher Albert: Yeah. [00:12:36] Speaker 4: Now, you mentioned that initially when you get there, it's, uh, yourself, your brother Brian, his wife, uh, the McCabe's, and your niece, Caitlin, is that correct? [00:12:44] Christopher Albert: No, my brother Brian wasn't there yet. Okay. Uh, it was, it was Jen McCabe, Matt McCabe, my wife, um, Caitlin, and Nicole. [00:12:58] Speaker 4: Thank you for correcting me. [00:12:59] Christopher Albert: Yeah, no problem. [00:13:00] Speaker 4: Sorry. Uh, at some point shortly after the, or at some points, uh, who, if anyone else arrives and sort of joins your table, your group. [00:13:07] Christopher Albert: So, uh, my brother Brian and, um, and, uh, a gentleman named Brian Higgins, they came and joined us. [00:13:14] Speaker 4: And is Brian Higgins, is that someone that you had met previously? Yeah, a few times. Um, and how did you know him? [00:13:22] Christopher Albert: Um, I don't know how I initially met him, but, um, just probably just seeing 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. [00:13:45] Speaker 4: Heard say you knew him sort of through your, your brothers, either Brian or Kevin. [00:13:50] Christopher Albert: Yeah, that's, that's the only way I met him. [00:13:53] Speaker 4: And how long after you arrived, was it that, that they arrived? [00:13:58] Christopher Albert: I would s probably within like 35, 35 minutes, roughly. [00:14:06] Speaker 4: And, uh, what if anything, did you know about sort of where they had been prior to it or what they've been doing earlier? [00:14:12] Christopher Albert: So they were in New York, um, at a, uh, police officer's funeral. Um, they went there for the ceremony and that snowstorm was coming. So they decided that they were going to drive back early to beat the storm. [00:14:27] Speaker 4: Uh, you mentioned, uh, as far as going out on that particular evening, what, what was that in reference to? [00:14:34] Christopher Albert: So my nephew, uh, Brian, um, it was his birthday. [00:14:39] Speaker 4: Yeah. And, uh, so when you say your nephew, Brian, whose, whose son is that? [00:14:43] Christopher Albert: So that's my older brother, Brian's son. Brian. [00:14:46] Speaker 4: So Brian Jr. [00:14:47] Christopher Albert: Brian Jr. Yeah, call him Brian Jr. Yeah. [00:14:50] Speaker 4: Um, and was he present at the waterfall that night? [00:14:52] Christopher Albert: He wasn't. No, he decided that he, um, didn't want to go out. [00:14:58] Speaker 4: 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? [00:15:08] Christopher Albert: So they walk in and they come directly over to the table. [00:15:12] Speaker 4: Now, at some point later in the evening, uh, who, if anyone else, uh, also joins your, your group or your table? [00:15:18] Christopher Albert: So, uh, John, John O'Keefe came, um, with Karen Reed. [00:15:23] Speaker 4: And, um, how did you know Karen Reed at that time? Um, I met her a couple of times. [00:15:29] Christopher Albert: She also had been in the pizza shop a couple of times and, um, driving by the street when I would come home, she would be outside One Meadows. [00:15:36] Speaker 4: And, uh, just to be clear, when we're speaking about Ms. Reed, do you see her in the courtroom today? [00:15:42] Christopher Albert: Yes, I do. [00:15:43] Speaker 4: Do you just identify as to where she's seated? [00:15:45] Christopher Albert: Uh, she's sitting right over there between the two attorneys. [00:15:48] Speaker 4: Just ask her to reflect identification of the defendant. Okay. Now, prior to Mr. O'Keefe coming into the waterfall, uh, you had mentioned some text communications with him, is that correct? Yes. And what, if any, other communications did you, did you have with Mr. O'Keefe before he got there? [00:16:04] Christopher Albert: Um. I don't think, nothing, before I got to the waterfall? [00:16:10] Speaker 4: Not before you got to the waterfall, before Mr. O'Keefe got to the waterfall. [00:16:14] Christopher Albert: With Mr. O'Keefe? [00:16:15] Speaker 4: Yes. [00:16:16] Christopher Albert: Um, just that we, where was he, where were we going, where was he gonna be? [00:16:21] Speaker 4: What, if any, communications do you recall in regards to who was there or who was going to be there? [00:16:28] Christopher Albert: 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." [00:16:47] Speaker 4: And when, um, Mr. O'Keefe and Ms. Reed come into the bar, where is it that they go upon coming back? [00:16:57] Christopher Albert: They walked directly in, um, came towards our table, um, just a striked up conversation. I think, I think John came over to my wife and said hello to her first maybe. And then, um, just kind of like, got with the group, started talking. [00:17:14] Speaker 4: Now, fair to say Mr. O'Keefe knew your, your wife Julie as well? Yes. And how would you describe their relationship as far as you? [00:17:28] Christopher Albert: Good, good relationship. [00:17:30] Speaker 4: And when they come, when Mr. O'Keefe and, uh, the defendant come over to the area where you and your wife is, what, if anything, um, did you observe the defendant? [00:17:43] Christopher Albert: 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 a glass, um, underneath her jacket. And I thought that was kind of funny and I laughed about it and made a comment about it. [00:18:01] Speaker 4: And, uh, what, if anything, did you notice sort of about the glass, what was in the glass, anything like that? [00:18:06] Christopher Albert: It was just a tall, like, cylinder glass, uh, with some clay liquid in it and a lime. [00:18:13] Speaker 4: And that was under a coat when she came? [00:18:16] Christopher Albert: Yeah, it was like, she pulled it out. [00:18:26] Speaker ?: Okay. [00:18:31] Speaker 4: Now, if you know about what time was it that, uh, Mr. O'Keefe and Ms. Reed came in? [00:18:36] Christopher Albert: So I got there close to 10, I would say, 10:45-ish, to the best of my real action. [00:18:50] Speaker 4: Uh, and following, uh, sort of the blows and all that kind of stuff as far as, uh, after they first came in, where, where did they go from there? [00:18:58] Christopher Albert: Uh, I think the defendant sat down and I think, um, I think, well, John went to the bar and got a beer. [00:19:07] Speaker 4: And do you know, is that sort of what John would typically drink? [00:19:11] Christopher Albert: Yeah, Bud Light, I think. [00:19:14] Speaker 4: And, um, you mentioned that the defendant sat down, where does she sit down in relation to, to you and your wife? [00:19:21] Christopher Albert: I think right next to, not anything, next to my wife. [00:19:26] Speaker 4: Now, with regard, um, to just the, how would you describe sort of the, the general sort of tone or demeanor within the group at, at the waterfall that night? [00:19:35] Christopher Albert: It was fine, everyone was just having a good time. [00:19:37] Speaker 4: So no, no arguments, anything like that? No, not at all. [00:19:40] Christopher Albert: Not at all. [00:19:41] Speaker 4: And specifically between, uh, Mr. O'Keefe and the defendant, what, if anything, did you observe between them? [00:19:47] Christopher Albert: I didn't notice anything abnormal. [00:19:50] Speaker 4: Now, if you recall, uh, what was Mr. O'Keefe wearing on that evening? [00:19:55] Christopher Albert: 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 was like a long sleeve shirt. [00:20:11] Speaker 4: And is that what he was wearing when he walked in? [00:20:14] Christopher Albert: Yes. [00:20:15] Speaker 4: And at any point in time, did you see him with like a, a jacket or, or anything like that? No. [00:20:21] Speaker ?: Okay. [00:20:22] Speaker 4: Now, as far as your observations of Mr. O'Keefe, uh, what if anything, did you observe, uh, about that clothing, as far as any tears or any dishevelment of it at all? No, I didn't notice anything. [00:20:32] Christopher Albert: It looked fine to me. [00:20:34] Speaker 4: 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? [00:20:40] Christopher Albert: Didn't see anything. Look normal. [00:20:43] Speaker 4: Now, after Mr. O'Keefe went to the bar and got a beard, do you know where he went from there? [00:20:48] Christopher Albert: Just came back over to the table, started chatting people up. [00:20:51] Speaker 4: Um, and when you say the table, was that sort of your area or was there a different area than the table? [00:20:56] Christopher Albert: No, the same table, the same high top. Some people sitting, some people standing. [00:21:01] Speaker 4: And as far as sort of this length that you've described, about six feet or so of that table, um, if you recall, sort of where, where were people situated around the table? [00:21:10] Christopher Albert: Um, I mean, I was sitting at one point cause 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 sat at all. Um, I think Karen was sitting at one point, probably like situated near, maybe across my wife or next to my wife. [00:21:32] Speaker 4: Now, as far as, uh, Mr. O'Keefe 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 about that? What if any discussion was there as to going someplace or wanting to go someplace, uh, after the waterfall? [00:21:55] Christopher Albert: So, um, we have this like little ritual that when one of my, when one of my nieces or nephews turned 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, Ms. Reed asked if we could go back and make pizzas up at my pizza shop a couple of times. Um, and then there was some talk about maybe after, um, someone mentioned going back to my brother's house after. [00:22:26] Speaker 4: And just to be clear, your brother's house, which brother? My brother, Brian. And where did your brother Brian move that? Uh, 34 Fairview. Are you familiar with that address? [00:22:35] Christopher Albert: Yeah, I used, I used to live there. I grew up there. [00:22:38] Speaker 4: So prior to it being your brother Brian's house, was that 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 Canton? Yes. Now, as far as going over to your pizza shop to make pizzas, things like that, um, is that something that the defendant, uh, 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. Is he turning 21 at that point? [00:23:13] Christopher Albert: I think so. I can't, can't remember exactly if he was 20 or 21. I think he was turning 21 though. [00:23:18] Speaker 4: So in relation to this evening of January 28th, uh, that, um, the ritual that you were talking about, when was the last time before January 28th that you had done that, if you know? [00:23:32] Christopher Albert: 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. [00:23:45] Speaker 4: And that's all I'm really asking, sir. [00:23:47] Speaker ?: Yeah. [00:23:47] Speaker 4: Was it recent to January 28th? [00:23:49] Christopher Albert: Yeah. It was, uh, it was sometime before that, but I, within like a couple of months, I think someone turned 21. Maybe we just went there. [00:23:57] Speaker 4: And so what if any conversation from your end as far as, uh, obviously it's your pizza shop. [00:24:02] Speaker ?: Yeah. [00:24:02] Speaker 4: So what if any conversation from your end was there in reference to, to doing that? [00:24:06] Christopher Albert: 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, 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 I just didn't want to give in and, you know, eat pizza two weeks before we were weighing in. [00:24:35] Speaker 4: And your wife, Julie, um, how long was she at the bar for? [00:24:42] Christopher Albert: 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. [00:24:52] Speaker 4: 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'Keefe and Ms. Reed arrived? [00:25:03] Christopher Albert: She left after they arrived. So then she must've been, she must've left later than that. Yeah. [00:25:13] Speaker 4: Now, later on in the evening, what if anything, did you, uh, buy, uh, for the group? [00:25:19] Christopher Albert: Uh, so at one point towards the end of the night, I bought a round of fireball shots, um, for the group. [00:25:26] Speaker 4: And, um, who, who partook in that? [00:25:31] Christopher Albert: I don't remember exactly. Um, probably half of the people that took them. I don't remember everyone. I wasn't paying attention. [00:25:42] Speaker 4: Um, and when you say sort of towards the end of the night, when, when was it that things sort of wrapped up in water? [00:25:48] Christopher Albert: I think they could, they call last call at right before 12. I pretty much right before 12, it all started wrapping up. [00:25:56] Speaker 4: And as far as, uh, the group that you were with, uh, at the high top table, uh, who, if anyone from that group left first? [00:26:03] Christopher Albert: So my wife left first, obviously she didn't feel well. She left earlier. Um, then 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 or right around the time that John and Karen left. [00:26:25] Speaker 4: 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 leaving at the same time? [00:26:36] Christopher Albert: 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 were either shortly after shortly before me and they walk up to the left. [00:26:51] Speaker 4: And, um, when you say walk up Washington, did you walk home that night? [00:26:55] Christopher Albert: Yeah, I walked home. [00:26:57] Speaker 4: And, uh, when you came out of the bar, what, if anything, did you notice sort of about the weather or what was going on at that? [00:27:02] Christopher Albert: It just started snowing. It was cold out and it just started snowing. The ground had like a light coat. [00:27:09] Speaker 4: Could you still sort of see the, the, the street? Oh yeah. Yeah. You could still see it. And you mentioned you walked out towards Washington and Mr. O'Keefe and Ms. Reed did as well. [00:27:19] Speaker ?: Yes. [00:27:20] Speaker 4: And which direct, did you go in the same direction, different direction? [00:27:24] Christopher Albert: 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. And they would go to the left onto Washington. [00:27:37] Speaker 4: They were sort of walking opposite directions. [00:27:39] Speaker ?: Opposite directions. [00:27:39] Speaker 4: On Washington. [00:27:40] Christopher Albert: Yes. [00:27:50] Speaker 4: As far as throughout sort of the course of the evening, did you have occasion to see sort of what Mr. O'Keefe, you 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? [00:28:03] Christopher Albert: I'm sure he had more than one. Yeah. I saw him with more than one. [00:28:07] Speaker 4: 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 a fireball shot, you saw him just drinking beer? [00:28:14] Christopher Albert: Just beer. [00:28:15] Speaker ?: Yeah. [00:28:15] Speaker 4: And as far as Ms. Reed was concerned, what, if anything, did you observe her drinking? [00:28:20] Christopher Albert: Just a clear liquid and a glass. I assume it was some sort of vodka drink. [00:28:26] Speaker 4: Was that the same glass that she had come into the establishment with under her coat or was it a different glass later on? [00:28:33] Christopher Albert: I believe it was the same one. [00:28:40] Speaker 4: You leave from the waterfall and you're walking home, is that right? [00:28:43] Christopher Albert: Correct. [00:28:44] Speaker 4: So fair to say you didn't go to 34 Fairview that night? [00:28:46] Christopher Albert: I did not. [00:28:48] Speaker 4: And about what time was it that you got home? [00:28:53] Christopher Albert: Sometime between, I'd say 5 past and 10 past 12, something more in that window. [00:29:01] Speaker 4: And 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? [00:29:11] Christopher Albert: 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. [00:29:18] Speaker 4: And so 16 and 20 now? [00:29:22] Christopher Albert: 16 and 20 now, so that'd be like 14 and 18 then, I guess. [00:29:26] Speaker 4: And so your older son? [00:29:28] Christopher Albert: San Diego in the Navy. [00:29:31] Speaker 4: 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? [00:29:37] Christopher Albert: No, I ran right upstairs. I was freezing. I went right into my room. [00:29:43] Speaker 4: Potentially you went to bed, is that correct? [00:29:44] Christopher Albert: Correct. [00:29:49] Speaker 4: With the court's permission, I would ask to publish for the jury just a small portion from what's been marked as Exhibit 53, the Waterfall Surveillance. [00:29:59] Speaker 3: Okay. [00:30:06] Speaker 4: Mr. Albert, if I could have from Channel 3 and the second video now. If you could just pause there for a moment, Mr. Albert. Mr. Albert, looking up at the screen, do you recognize generally what's depicted up on that screen? Yeah, so those are the tables that I was speaking of that are like, there's like two or three in a row. [00:30:30] Speaker ?: Yep. [00:30:32] Christopher Albert: I'm sorry, may I approach on it? [00:30:35] Speaker 4: Yes. [00:30:39] Christopher Albert: I don't have any. My apologies, sir. Thank you very much. [00:30:46] Speaker 4: So, sir, what I'm handing to you is a laser pointer. Basically just click that button and point it up. Okay? Okay. Mr. Albert, using that laser pointer that I've just handed to you, if you could direct the jury's attention to about where the high top is and then about where you were seated at that high top. [00:31:04] Christopher Albert: 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 side here. [00:31:17] Speaker 4: And as far as the bar is concerned, where would that be? [00:31:20] Speaker ?: Back here. Wait. [00:31:22] Christopher Albert: 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's back there. [00:31:32] Speaker 4: And as far as the band that you were talking about that was playing, if you could direct the jury's attention to where that was. [00:31:38] Christopher Albert: On this side over here. It's kind of fuzzy, but that side. [00:31:45] Speaker 4: And, Ms. Gilman, if I could ask you to fast forward to 10:54. I would ask if you could play that from 10:54 to about 10:56. I'm sorry, if you could just pause briefly, Ms. Gilman. I'm sorry, if you could just pause briefly, Ms. Gilman. Now, Mr. Alba, looking up at the screen, 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 and where that is in the video? [00:32:36] Christopher Albert: No, because I think it's offline here. I think it would be over here. [00:32:40] Speaker 4: So it would be off sort of towards the left? [00:32:42] Christopher Albert: Yeah, like down this way. [00:32:44] Speaker 4: Ms. Gilman, if you could press the button. As far as two individuals sort of walking in, do you recognize who those individuals are? I do. That's John O'Keefe and Ms. Reid. [00:33:08] Christopher Albert: And again, Ms. Gilman, if you could just run it through 10:56. [00:33:11] Speaker 4: And again, Ms. Gilman, if you could just run it through 10:56. [00:33:41] Speaker ?: Thank you. Thank you. [00:34:41] Speaker 4: Thank you, Ms. Kilman. You can now take that down. Now, Mr. Alvin, as far as your son, Colin, do you know sort of where he was that night? [00:35:07] Christopher Albert: Yes, so he was at my brother Ryan's house for my nephew's birthday. [00:35:13] Speaker 4: And he came home sometime after you, is that correct? [00:35:19] Christopher Albert: Correct. [00:35:19] Speaker 4: And essentially you came in, went to bed, so do you know what time your son came home at? [00:35:24] Speaker 3: Do you know, just answer yes or no, whether you know? [00:35:30] Christopher Albert: Yes. [00:35:31] Speaker 4: And how do you know that, too? [00:35:33] Christopher Albert: Because he opened the bedroom door and said, good night, guys, I love you, I'm home. [00:35:38] Speaker 4: And about how long after you got home was it that your son came home? [00:35:42] Christopher Albert: I'd say within 10 minutes. [00:35:45] Speaker 4: And as far as sort of coming into your room, is that something that was required of your kids when they came home? [00:35:50] Christopher Albert: He would always do that, yeah. That was something just to let us know that they were home. [00:35:55] Speaker 4: Now, turning your attention to the next day on the 29th, about, obviously, at some point you woke up. Do you recall about what time that was? [00:36:09] Christopher Albert: Eight-ish, 8.30-ish. [00:36:13] Speaker 4: So sometime between 8 and 8.30? [00:36:14] Christopher Albert: Yeah. I was still in bed. I woke up, but I didn't leave my room. [00:36:19] Speaker 4: And what was it that, or who was it that woke you up at that point? [00:36:25] Christopher Albert: At that time, I just woke up on my own. [00:36:29] Speaker 4: And when you woke up, what happened after you woke up? [00:36:34] Christopher Albert: Shortly after I woke up, my wife entered the room, but that was a little bit later. I don't know exactly what time. And she informed me that something had happened to John. [00:36:48] Speaker 4: And what was it that she told you? [00:36:53] Christopher Albert: I don't know the exact words that she said, but basically that John had died. [00:37:04] Speaker 4: And what, if anything, did she indicate to you as to where John had died? [00:37:09] Christopher Albert: That he was found somewhere on the front lawn of 34 Fairview. [00:37:17] Speaker 4: And following, receiving that information, where did you go, or where did you and your wife? [00:37:27] Christopher Albert: I was in shock. I was like, what are you talking about? Like, what do you mean? And then I jumped up, and she's like, let's, let's, we have to go over, let's go over to your brother's house. [00:37:41] Speaker 4: About what time was it, if you know, that you got over to your brother's house? [00:37:50] Christopher Albert: Sometime approximately, like, after 9 o'clock. I don't remember exactly what time we went over there, maybe 9 or 9.30. [00:37:58] Speaker 4: And when you arrived at your brother's house, who, if anyone, was there? [00:38:04] Christopher Albert: To the best of my recognition, sorry, excuse me. From what I remember, I was there. My wife was there. My brother Brian, Nicole. Brian Higgins was there. I believe Matt McCabe was there, and Jen McCabe was there. [00:38:22] Speaker 4: When you came into the home, sort of where, where were they in relation? [00:38:26] Christopher Albert: Just sitting at the kitchen table. [00:38:30] Speaker 4: And if you know, about how long did you stay at your brother's house when you came over? [00:38:37] Christopher Albert: Maybe an hour. [00:38:40] Speaker 4: And where did you go from there? [00:38:42] Christopher Albert: Afterward, just home. [00:38:45] Speaker 4: Now, as far as subsequent to this, at some point within the days of fall, did you have occasion to speak with some troopers or members of the state police? [00:38:58] Christopher Albert: Yes, I did. [00:38:58] Speaker 4: And how many troopers from the state police did you talk to when you spoke? Two. And where was that? [00:39:04] Christopher Albert: At my condo. [00:39:10] Speaker 4: Thank you, sir. I have no further questions. [00:39:13] Speaker 3: Okay, cross-examination. Thank you, owner. [00:39:15] Christopher Albert: Good morning, sir. Morning, sir. [00:39:24] Speaker 1: Mr. Albert, you and I have never met, correct? [00:39:26] Christopher Albert: I don't believe so. [00:39:32] Speaker 1: You've testified that you essentially lived in Canton your whole life, correct? [00:39:37] Christopher Albert: Correct. [00:39:37] Speaker 1: Moved there when you were four years old? [00:39:41] Christopher Albert: Correct. [00:39:44] Speaker 1: The house to which you and your family moved was 34 Fairview, correct? [00:39:50] Christopher Albert: Yes. [00:39:52] Speaker 1: You lived there for how long? [00:39:59] Christopher Albert: Thirty-three. Thirty-three years? [00:40:02] Speaker 1: And you currently own D&E Pizza in Canton? [00:40:08] Christopher Albert: Correct. [00:40:09] Speaker 1: I believe you testify that you've owned it for approximately 25 years? [00:40:13] Christopher Albert: Correct. [00:40:13] Speaker 1: Clearly, you have a lot of ties to the city of Canton. Would you agree? [00:40:22] Christopher Albert: Sure. [00:40:23] Speaker 1: You live there? [00:40:26] Christopher Albert: Yes. [00:40:26] Speaker 1: You work there? [00:40:27] Christopher Albert: Yes. [00:40:28] Speaker 1: You have family there? [00:40:29] Christopher Albert: Yep. [00:40:30] Speaker 1: You raised your kids there? [00:40:32] Christopher Albert: Yep. [00:40:32] Speaker 1: And you also are a town selectman in the city of Canton? [00:40:37] Christopher Albert: Recently elected. [00:40:38] Speaker 1: The town of Canton, I should say. [00:40:40] Christopher Albert: It's a town, correct. [00:40:42] Speaker 1: And not only that, but your brother, Kevin Albert, is a police officer in Canton? [00:40:47] Christopher Albert: He is. [00:40:49] Speaker 1: Your brother, Brian Albert, with whom you grew up, is currently retired, but had been a Boston police officer who lived in Canton, correct? [00:40:59] Christopher Albert: Correct. [00:41:00] Speaker 1: You would agree with me that Brian Albert only moved from Canton after John O'Keefe was found dead on his front lawn, correct? [00:41:10] Christopher Albert: Can you rephrase that? [00:41:12] Speaker 1: I'll phrase it the exact same way and ask for a year so no if you can do that. You would agree with me that your brother, Brian Albert, only moved from Canton after John O'Keefe was found dead on his front lawn. [00:41:26] Speaker 4: Objection. [00:41:27] Speaker 3: Can you answer that? Can you answer that? [00:41:32] Christopher Albert: Yeah, I just don't understand the phrase, but he moved shortly after that, yes. [00:41:38] Speaker 1: Your brother, Tim Albert, lives with your parents in Canton, correct? [00:41:44] Christopher Albert: Correct. [00:41:46] Speaker 1: And Tim Albert and your parents live directly across the street from the Canton Police Department, correct? [00:41:52] Christopher Albert: Correct. [00:41:54] Speaker 1: Do you know whom they bought that house from? [00:41:59] Speaker 3: Objection. The objection sustained. [00:42:04] Speaker 1: But you still live in Canton? Correct. With your wife, Julie Albert? Correct. And your son, Colin Albert, correct? [00:42:13] Christopher Albert: Along with my other two sons, yes. [00:42:16] Speaker 1: And you would agree that your entire family has deep roots in the town of Canton? [00:42:25] Christopher Albert: I guess. [00:42:27] Speaker 1: You would agree with me that the Albert family is well known in the town of Canton? [00:42:31] Christopher Albert: We have a big family. [00:42:33] Speaker 1: And you would agree with me that the Albert family is a powerful family in the town of Canton? [00:42:39] Speaker 4: Objection. [00:42:40] Speaker 1: Sustained. As a town selectman, you have some power, do you not? [00:42:48] Christopher Albert: I'm one of five selectmen. [00:42:49] Speaker 1: And as a police detective, Kevin Albert has some power, does he not? [00:42:54] Christopher Albert: Objection. [00:42:55] Speaker 3: Sustained. [00:42:57] Speaker 1: And you also have close friends on the Canton Police Department, do you not? [00:43:01] Christopher Albert: Objection. [00:43:01] Speaker 3: I'll allow that. [00:43:03] Christopher Albert: I have some. [00:43:03] Speaker 1: Now, you know that Massachusetts state police trooper Michael Proctor is the lead investigator on this case, correct? [00:43:13] Christopher Albert: I know that. [00:43:15] Speaker 1: One of your wife's best friends is Michael Proctor's sister, Courtney Proctor, correct? [00:43:20] Speaker 4: Objection. [00:43:21] Speaker 3: Okay, that's sustained. You've got another witness you can ask that of, Mr. Unetti. [00:43:26] Speaker 1: You know Courtney Proctor, correct? [00:43:28] Speaker 4: Objection. [00:43:30] Speaker 3: Allowed. [00:43:31] Christopher Albert: Yes. [00:43:32] Speaker 1: And you know her to be Michael Proctor's sister, correct? [00:43:35] Speaker 4: That's correct. [00:43:36] Speaker 1: You attended Michael Proctor's sister's wedding, correct? [00:43:39] Speaker 4: Objection. Now, may we approach? [00:43:41] Speaker 3: Sure. So, I'm just going to move on. [00:44:11] Speaker ?: I'm just going to move on. I'm just going to move on. 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So, I'm just going to move on. So, I'm just going to move on. So, I'm just going to move on. So, I'm just going to move on. So, I'm just going to move on. [00:50:01] Speaker 1: I believe you testified, sir, that you've known Michael Proctor's sister for about 20 years. [00:50:13] Speaker 4: Jackson. [00:50:14] Speaker 3: I don't think he said that, but we'll let that we'll let that stand and then move on, [00:50:19] Speaker ?: please. [00:50:20] Speaker 1: About 20 years. [00:50:21] Christopher Albert: Or if that's. [00:50:23] Speaker 1: I believe didn't you testify to that on direct examination just moments ago when Mr. Lally was asking you questions. [00:50:30] Speaker 4: Senator. [00:50:31] Speaker 3: Next question. Mr. United. Objection sustained. [00:50:35] Speaker 1: How long have you known Michael Proctor for? [00:50:42] Christopher Albert: I mean, I know he's Courtney's sister, brother. I couldn't tell you exactly how long I've known him for. [00:50:48] Speaker 1: About 15 years or so? [00:50:50] Christopher Albert: Roughly. [00:50:51] Speaker 1: All right. Who is Kenneth Berkowitz? [00:50:54] Christopher Albert: The former Canton police chief. [00:50:57] Speaker 1: And how do you know him? [00:50:59] Christopher Albert: 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. [00:51:09] Speaker 1: You became friendly with him. I became friendly with him. [00:51:12] Christopher Albert: Sure. [00:51:13] Speaker 1: And how would you characterize your relationship with him? Friends. [00:51:18] Christopher Albert: You've seen him socially. [00:51:21] Speaker 1: Really? You've been out for drinks with him. I think maybe once. And you've known him for how long? [00:51:38] Christopher Albert: 20-plus years. [00:51:43] Speaker 1: And you say you've only been out with him for drinks one time in those 20 years? [00:51:52] Christopher Albert: I can't even remember if it was with drinks one time. Yeah. [00:51:56] Speaker 1: No. What other types of activities have you done together? [00:52:01] Christopher Albert: I can't think of any. I think he came to an event that I held one time. That's about it. [00:52:07] Speaker 1: Have you been out with him in a group setting? [00:52:10] Christopher Albert: That event that I just mentioned? Yeah. [00:52:13] Speaker 1: And what event was that? [00:52:14] Christopher Albert: It was my campaign event when I was running for select board. [00:52:19] Speaker 1: And he was one of your supporters? [00:52:21] Christopher Albert: He came by. [00:52:22] Speaker 1: Did he donate money to your campaign? [00:52:26] Christopher Albert: I think he did. [00:52:32] Speaker 1: May we approach, Judge? [00:52:33] Speaker 3: Yes. [00:52:37] Speaker ?: May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. [00:53:19] Speaker 1: May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Yes. May we approach, Judge? Take a look at it, and if you can let the jury-- [00:53:31] Speaker 3: Do you have a hard copy of it? Yes, we do have a hard copy. [00:53:33] Speaker 1: Why don't you show it to the witness and put it in evidence? [00:53:35] Speaker 3: Happy to do that. [00:53:36] Speaker 1: Thank you, Ron. [00:53:37] Speaker ?: Okay. [00:53:38] Speaker 3: And we'll take that into evidence, and then. [00:53:41] Speaker 1: That makes sense. May I approach, Judge? [00:53:44] Speaker 3: Yes. [00:53:51] Speaker 1: Okay, sir, I've handed you a photograph. Do you recognize what that depicts? Yes. What does it depict? [00:53:57] Christopher Albert: Me and Kenny Berkowitz. [00:54:00] Speaker 1: And is that a fair and accurate representation of you and Kenny Berkowitz? [00:54:07] Christopher Albert: You mean is the picture us? [00:54:09] Speaker 1: Yes. [00:54:10] Christopher Albert: Yes. Okay. [00:54:12] Speaker 1: I would offer that to you, Ron. [00:54:13] Speaker ?: Okay. Here we go. [00:54:16] Speaker 1: Oh, wait, wait, wait, wait. [00:54:18] Speaker 3: Thank you. Is that 55? [00:54:20] Speaker ?: Oh. [00:54:21] Speaker 1: May that be published to the jury on the screen, Your Honor? Sure. Sure. So, Mr. Albert, that's obviously you on the right and Kenny Berkowitz on the left? Correct. Have you seen that photo before? I believe I've seen it. [00:54:50] Christopher Albert: 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. [00:55:01] Speaker 1: Okay. And when would it have been that you saw that photograph? [00:55:08] Speaker ?: I'm not sure. [00:55:09] Christopher Albert: I don't know if it was on my Facebook page when I was running for select board. It looks familiar. [00:55:15] Speaker 1: Has Mr. Lally shown you that photograph? No. Has he informed you that the defense would be introducing that photograph during this trial? [00:55:26] Christopher Albert: Nope. [00:55:27] Speaker 1: You can take the photo down, Mr. Pace. And the lights can go off. 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 of Canton? [00:55:51] Speaker ?: Yes. [00:55:52] Speaker 1: So, part of your duties as a town selectman is to oversee the Canton Police Department, correct? [00:56:00] Christopher Albert: Jackson, Your Honor. [00:56:01] Speaker 3: I'll let him have it. Is that one of your duties, sir? [00:56:05] Christopher Albert: I believe so. I'm new at that. I'm recently elected, so I'm just going through it. But yeah, I believe so. [00:56:12] Speaker 1: And you became a town selectman shortly after Kenny Berkowitz retired, correct? [00:56:20] Christopher Albert: I'm not sure when Kenny retired. [00:56:24] Speaker 1: But you would agree with me that Kenny Berkowitz has both personal and professional relationships with you and members of your family, correct? [00:56:37] Christopher Albert: Objection, Your Honor. Objection, Your Honor. [00:56:39] Speaker 1: It's the same question. Go ahead and answer that question. I'm not sure. I agree with that question. Well, your brother Kevin Albert worked under Chief Berkowitz, correct? Correct. Would you consider that to be a professional relationship? [00:56:49] Speaker ?: With them too? [00:56:49] Speaker 1: Yes. And your brother Brian Albert attended Chief Berkowitz's retirement party, did he not? I have no idea. [00:56:52] Speaker 4: But your brother Brian is also a friend of Kenny Berkowitz. [00:56:53] Speaker ?: Is he not? [00:56:53] Speaker 4: Yes. [00:56:54] Speaker 3: Yes. He may be. [00:56:56] Speaker ?: I'm not sure. [00:56:56] Christopher Albert: I'm not sure. [00:56:57] Speaker ?: I'm not sure. [00:56:57] Christopher Albert: I agree with that question. [00:56:59] Speaker 1: Well, your brother Kevin Albert worked under Chief Berkowitz, correct? Correct. Would you consider that to be a professional relationship? [00:57:08] Christopher Albert: With them too? Yes. [00:57:10] Speaker 1: And your brother Brian Albert attended Chief Berkowitz's retirement party, did he not? [00:57:15] Christopher Albert: I have no idea. [00:57:16] Speaker 1: But your brother Brian is also a friend of Kenny Berkowitz. Is he not? [00:57:21] Christopher Albert: He may be. Not sure. [00:57:24] Speaker 1: And as far as your, you know, ties to the Canton police, you would agree with me that Lieutenant Michael Lank is a member of the Canton police department, correct? [00:57:38] Christopher Albert: He is. [00:57:39] Speaker 1: And you've been friends with him for years, correct? [00:57:41] Christopher Albert: I've known him for a long time. [00:57:43] Speaker 1: You've been childhood friends with them since the age of 12, correct? [00:57:50] Christopher Albert: Somewhere around there, maybe earlier. [00:57:53] Speaker 1: And you're tight with him. [00:57:57] Christopher Albert: I don't know if I'd call it tight. He's not an enemy of yours, is he? Oh God, no. No. [00:58:04] Speaker 1: He's a friend of yours, correct? Sure. And does sure mean yes? [00:58:08] Speaker ?: Yes. [00:58:08] Speaker 1: 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. [00:58:24] Speaker 3: I think. [00:58:25] Speaker 1: He was in the fugitive unit? Correct. [00:58:28] Christopher Albert: Correct. [00:58:29] Speaker 1: And you know that your brother Brian was also a trained boxer, correct? Jackson. [00:58:36] Speaker 4: Sustained. [00:58:37] Speaker 1: Brian is a lot bigger guy than you are, correct? Jackson. [00:58:42] Speaker 3: Sustained. [00:58:43] Speaker ?: Yes. [00:58:44] Speaker 1: Your brother Brian Albert is someone who is close to his family, correct? Yes. And when I say his family, I'm talking about not just his 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? [00:59:15] Christopher Albert: Yes. [00:59:16] Speaker 1: You all essentially grew up in Canton, correct? Correct. And you hung out with each other growing up, correct? [00:59:25] Christopher Albert: We were siblings, so... Of course. Yes. [00:59:29] Speaker 1: And you still hang out with each other quite often, correct? Like all of us? In various combinations. [00:59:39] Christopher Albert: We have different relationships with one of my siblings. [00:59:42] Speaker 1: Sure. But you see some more than others, but you hang out with your family, do you not? [00:59:48] Christopher Albert: Yes. Mostly during holidays. [00:59:50] Speaker 1: And you go out for drinks together, correct? Occasionally. And you're protective of each other, correct? [00:59:57] Christopher Albert: Like most families. [00:59:59] Speaker 1: And if someone had a dispute with a member of the Albert family, Brian wouldn't be happy about that, correct? [01:00:06] Speaker 4: Jackson. [01:00:07] Speaker 1: Same. You know that Brian would stick up for your kids, correct? Jackson. [01:00:11] Speaker 3: He stayed. [01:00:12] Speaker 1: Your son Colin is particularly close to your brother Brian, is he not? [01:00:17] Speaker 4: Jackson. [01:00:18] Speaker 3: I'll let him have that. Do you know? [01:00:20] Speaker 1: Yes. In fact, your son Colin was a football player through high school, was he not? Yes. What was his number? [01:00:31] Christopher Albert: In high school? [01:00:34] Speaker 1: Yes. [01:00:35] Christopher Albert: 34, I believe. [01:00:39] Speaker 1: 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, [01:00:55] Christopher Albert: correct? [01:00:56] Speaker 1: Correct. And before that you lived at Seven Meadows Ave in Canton? [01:01:00] Christopher Albert: Correct. [01:01:01] Speaker 1: And that was when John O'Keefe was your neighbor, correct? [01:01:04] Christopher Albert: Correct. [01:01:05] Speaker 1: I believe you testified he was a couple of houses away from you? [01:01:08] Christopher Albert: Yes. [01:01:09] Speaker 1: 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 working as a Boston police officer, correct? [01:01:20] Christopher Albert: Correct. [01:01:21] Speaker 1: And you were familiar with him, correct? [01:01:25] Christopher Albert: What do you mean familiar? [01:01:28] Speaker 1: You knew who he was, you became familiar with him. [01:01:32] Christopher Albert: He was my neighbor, I knew who he was. [01:01:34] Speaker 1: And you knew that he was not married, correct? [01:01:38] Speaker ?: Yes. [01:01:39] Speaker 1: And at a certain point, you knew that he was dating Karen Reed. [01:01:45] Christopher Albert: Yeah, at some point. All right. [01:01:48] Speaker 1: Now, you would agree with me that your family has a police background, correct? [01:01:59] Christopher Albert: I wouldn't agree with that statement. [01:02:01] Speaker 1: Two of your brothers are or were police officers, correct? [01:02:05] Christopher Albert: Out of seven of us, yes. [01:02:07] Speaker 1: 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. You've been to bars with police officers, correct? [01:02:33] Christopher Albert: Correct. [01:02:34] Speaker 1: And you drank with police officers, right? [01:02:37] Christopher Albert: Sure. [01:02:38] Speaker 1: And we were friendly with police officers, correct? [01:02:40] Christopher Albert: Yes. [01:02:41] Speaker ?: Yes. [01:02:41] Speaker 1: And with regard to, I'd like to ask you some questions about people specifically connected to this case. We've established that Lieutenant Lank has been a friend of yours for years, correct? Yes. Yes. We've established that you know former police chief Kenneth Berkowitz in such a way that you feel comfortable calling him before this jury, Kenny Berkowitz, correct? I know Kenny, yep. And he's actually donated to your campaign when you were running for Town Selectman, correct? Correct. And you also knew Michael Proctor prior to January 29th of 2022, correct? Correct. You've attended social events together with him, have you not? Jackson. [01:03:38] Speaker 3: I'll let that one question. [01:03:41] Christopher Albert: Couple. [01:03:46] Speaker 1: So, at some point, Michael Proctor came to question you, did he not? [01:03:57] Christopher Albert: Along with another trooper, correct. [01:04:00] Speaker 1: 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 Proctor to formally introduce himself to you, was there? [01:04:23] Speaker 4: Jackson. [01:04:24] Speaker 3: Sustained. [01:04:25] Speaker 1: What did he say when he first walked in the door in terms of introductions? Jackson. Sustained. May we be seeing a sidebar, Jack? [01:04:35] Speaker 4: Sure. [01:04:36] Speaker 3: Okay. [01:04:37] Speaker ?: Thank you. May we be seeing a sidebar, Jack? [01:04:38] Speaker 1: Sure. Thank you. [01:04:40] Speaker ?: Thank you. Thank you. Thanks. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. [01:06:15] Speaker 1: Without getting into the precise wording, you'd agree with me that there was no need for Michael Proctor to formally introduce himself to you for that meeting, correct? Yes. He didn't need to say, how do you do, I am Michael Proctor, correct? [01:06:52] Speaker ?: No. [01:06:53] Speaker 1: No. Do you consider the Proctors to be the Albert's second family? [01:06:58] Speaker 4: Objection. [01:06:59] Speaker 3: Do you consider that? No. [01:07:02] Speaker 1: You are aware that there are members of the Proctor's family who have posted publicly that the opposite of your second family, correct? Objection. [01:07:13] Speaker 3: You're on. So the objection is sustained and I'm striking that question. [01:07:16] Speaker 1: Mr. Srikak. Now, at the time that Trooper Michael Proctor showed up to question you, sir, 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. [01:07:46] Christopher Albert: 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? [01:07:51] Speaker ?: To stay. To stay. [01:07:52] Speaker 1: All right. [01:07:53] Speaker ?: Now, you've testified that on January 28th of 2022, that day, that Friday that you were working, [01:07:53] Speaker 1: John O'Keefe stopped into D&E Pizza, your shop. John O'Keefe stopped in to D&E Pizza, your shop. And I'm sure you've testified that on January 28th of 2022, that day, that Friday that you were working, John O'Keefe stopped in to D&E Pizza, your shop. Correct. 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, you've already testified that on January 28th of 2022, that day, that Friday that you were working, John O'Keefe stopped in to D&E 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. It's fair to say, however, that prior to January 28th of 2022, you had never exchanged personal information with John O'Keefe, correct? [01:08:56] Christopher Albert: You, you mean, I'm sorry, you mean like, phone numbers? You didn't have a cell number prior to that day? [01:09:04] Speaker 1: No, I didn't. And at that point in time, he had lived in your neighborhood for four to five years, correct? Correct. So, I believe you've testified that that night, after working, you went out around 10 minutes to 10 PM? Roughly. [01:09:24] Christopher Albert: Roughly. [01:09:25] Speaker 1: Before going out, did you have anything alcoholic to drink? [01:09:29] Christopher Albert: I think I may have had a beer at my pizza shop, I don't remember exactly. [01:09:34] Speaker 1: So, you have a refrigerator there that you can keep drinks cold, correct? [01:09:39] Christopher Albert: Among other things. [01:09:41] Speaker 1: And, you do have beers in that fridge? [01:09:46] Christopher Albert: Sometimes. [01:09:47] Speaker 1: For personal use? [01:09:48] Christopher Albert: Sometimes. [01:09:49] Speaker 1: Do you know how many beers that you would have had before going out? [01:09:52] Christopher Albert: No. [01:09:53] Speaker 1: Would you have drank that beer as you were cleaning up at the end of the night? [01:09:58] Speaker ?: Probably. [01:09:59] Speaker 1: Did you have anything to eat at the pizza shop? [01:10:03] Christopher Albert: No. [01:10:04] Speaker 1: When did you last eat before you went out at 9:50 or so? [01:10:10] Christopher Albert: When did I last eat? [01:10:11] Speaker 1: Yes. [01:10:12] Christopher Albert: It's a long time ago, I'm not sure. For sure. [01:10:15] Speaker 1: And you knew that your wife, Julie, was starting the night at CF McCarthons, correct? Yes. And you couldn't meet her there because you were still working, right? Correct. [01:10:28] Christopher Albert: Correct. [01:10:29] Speaker 1: But at some point you heard that Julie and others were headed to the waterfall, correct? [01:10:35] Christopher Albert: Yes. [01:10:36] Speaker 1: And that was where you planned to go after you closed up D&E Pizza? [01:10:41] Christopher Albert: Correct. [01:10:42] Speaker 1: With regard to the time that you left, 9:50 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 D&E Pizza? Yes. Maybe about three minutes? About that. And your plan was to walk there that night, correct? Correct. You had not taken a car to D&E Pizza anyway, right? I don't believe so. So what time did you get to the waterfall? [01:11:18] Christopher Albert: Shortly before 10:00. I don't know exactly. [01:11:23] Speaker 1: All right. And I believe you've testified that John O'Keefe and Karen Reed were not there when you arrived, right? [01:11:29] Christopher Albert: Correct. [01:11:30] Speaker 1: And the food that you ordered, do you remember what appetizers you would have gotten? [01:11:34] Christopher Albert: Probably like potato skins and some sort of chicken tenders. I would guess. It's two years ago, so I don't remember exactly. [01:11:42] Speaker 1: All right. And did you order a drink along with the appetizers? I believe so. All right. And that would have been the Miller Lite that you talked about? [01:11:49] Christopher Albert: Correct. [01:11:50] Speaker 1: Then not long after you got there, Brian Albert and Brian Higgins showed up, correct? Correct. And you had met Brian Higgins prior to that night? [01:12:03] Christopher Albert: Yes. [01:12:05] Speaker 1: In fact, you had testified that you had seen him around quite a bit, correct? [01:12:14] Christopher Albert: A few times. [01:12:15] Speaker 1: And you knew him, I believe your testimony was, from him working inside the Canton police station, correct? [01:12:24] Christopher Albert: I knew that he worked there. [01:12:26] Speaker 1: Did you testify on direct examination, quote, I knew him from working inside Canton PD? Yes. And you've been inside Canton police, correct? [01:12:41] Christopher Albert: Maybe twice in my life. [01:12:43] Speaker 1: You knew that Brian Albert, your brother, and Brian Higgins were friends, correct? I knew they knew each other. So, are you saying that they were acquaintances? [01:13:02] Christopher Albert: No, I guess they're friends. You guess they're friends? Yeah, they're friends. [01:13:10] Speaker 1: Was there something confusing about my question the first time I asked it? [01:13:14] Speaker 4: Jackson, Your Honor. [01:13:15] Speaker 1: In any case, would you agree that shortly before Brian Albert and Brian Higgins arrived at the waterfall, or shortly after they did, there was a couple whom, you know, I believe you called them a Greek couple because their last name is difficult to pronounce for everybody, but do you remember them being there? Yes. All right. If I mentioned the name Cole O'Keefe, does that ring a bell? That's them, yeah. That's them. Okay. And the whole group was either standing or sitting around a high top table? Correct. And at 9:45 PM, you texted John O'Keefe while you were at the waterfall, correct? [01:14:04] Christopher Albert: Correct. [01:14:06] Speaker 1: Would you agree with me that the language of your text was, quote, "Get over here or I'll fuck up your lawn," end quote. [01:14:15] Christopher Albert: That was one of the texts. Oh, we have that printed out that I can take. [01:14:21] Speaker 3: Thank you. [01:14:23] Speaker ?: Tom, may I just have a moment? [01:14:25] Speaker 1: Sure. [01:14:26] Speaker 3: Thank you. [01:14:27] Speaker ?: May I approach? Sure. Oh, do we have, did I say, is there an evidence number? No, it's two marks. Okay. [01:14:36] Speaker 1: I'm sorry, I don't think I asked to approach. [01:14:38] Speaker ?: That's fine. Thank you. I've placed a document before you, sir. [01:14:42] Speaker 1: Take a look at that and tell the jury whether or not you recognize it. [01:14:49] Speaker ?: Yeah, I recognize it. What is it? [01:14:50] Speaker 1: It's a text message. Two text messages. Okay. [01:14:53] Speaker 3: And who are the participants in that text message exchange? [01:14:54] Speaker 1: Me and John. And what is it that you said and at what time? So, the first one -- How many we approach? How many we approach? How many we approach? How many we approach? How many we approach? I've placed a document before you, sir. [01:15:03] Christopher Albert: Take a look at that and tell the jury whether or not you recognize it. [01:15:06] Speaker 1: Yeah, I recognize it. [01:15:07] Christopher Albert: What is it? It's a text message. Two text messages. [01:15:10] Speaker 1: Okay. And who are the participants in that text message exchange? [01:15:15] Christopher Albert: Me and John. [01:15:17] Speaker 1: And what is it that you said and at what time? [01:15:21] Christopher Albert: So, the first one -- How many we approach? [01:15:25] Speaker ?: How many we approach? [01:15:26] Speaker 3: Okay? Come on over there. [01:15:55] Speaker ?: Thank you. Thank you. Thank you. [01:17:25] Speaker 3: Yes, I did yesterday. So before you consider any electronic communication in your deliberations, you must first find that it's more likely true than not true that the person who either authored or sent or created or transmitted the communication was in fact John O'Keefe and this witness, Chris Albert. If you do not find that it's more likely true than not that John O'Keefe sent one or that this witness was the person who sent the message or transmitted it, then you may not consider it in deciding this case. So you have clarification a bit, Mr. Yannetti, at this point? [01:18:03] Speaker 1: I do, yes. And just for the record and for the jurors' edification, this is part of Exhibit 48, which is already in evidence. But I would ask that this particular exchange be posted on the screen with the courts. Sure. Okay. 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? [01:18:37] Christopher Albert: What do you mean? I don't follow you. [01:18:39] Speaker 1: It says get over here, right? And then the second is a continuation of that. If not, I'm going to fuck up your lawn, correct? [01:18:47] Christopher Albert: So you mean that's to tell him to come over to the waterfall? [01:18:52] Speaker ?: Right. [01:18:52] Christopher Albert: Okay. I just didn't understand what you meant. [01:18:54] Speaker 1: That's fine. So you're telling John O'Keefe this, correct? [01:18:58] Christopher Albert: Yeah. I'm telling him to come over and meet us. [01:19:00] Speaker 1: All right. And that little emoji, that face emoji after, if not, I'm going to fuck up your lawn, that's [01:19:07] Christopher Albert: Yeah, it's a laughing face. Right. [01:19:09] Speaker 1: So you're a joke. You're saying that, you know, you're cracking up. Yeah, it's a joke. One at a time. [01:19:13] Christopher Albert: Okay. Sorry. Thank you. Sorry. Okay. Apologize. [01:19:18] Speaker 1: Okay. We can take that down. At about 10.45 p.m. or so, I believe you testified that that was when John O'Keefe walked into the bar with his girlfriend, Karen Reed. [01:19:30] Christopher Albert: That's what I thought. Yeah. [01:19:34] Speaker 1: Would you agree with me that 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? [01:19:44] Christopher Albert: I'm sure I did. [01:19:45] Speaker 1: And bought a few rounds of drinks? [01:19:47] Christopher Albert: I'm sure. [01:19:48] Speaker 1: Including that one round of fireball shots? [01:19:51] Christopher Albert: Correct. [01:19:54] Speaker 1: What was the state of your sobriety when John and Karen arrived? [01:20:04] Christopher Albert: Probably fine. Fine. [01:20:06] Speaker 1: All right. You didn't feel like intoxicated? No. Or unable to, you know, perceive what's going on? You were still in control of your faculties? [01:20:16] Christopher Albert: Yes. [01:20:16] Speaker 1: And is it true that after John and Karen arrived that your wife, Julie, didn't want to stay any longer or too much longer? [01:20:27] Christopher Albert: She didn't want to. She had a headache, so she wanted to go home. [01:20:30] Speaker 1: Right. And by that point in time, you had been there about an hour, maybe a little less? [01:20:37] Christopher Albert: When Karen and John arrived? Right. Yeah, about an hour. [01:20:40] Speaker 1: 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, she had that glass that she came in with that appeared to have a clear liquid in it, correct? [01:21:00] Christopher Albert: Correct. [01:21:00] Speaker 1: And I believe you said either a lime or a lemon? [01:21:02] Christopher Albert: I thought I said a lime, but yeah. [01:21:03] Speaker 1: Okay. And you assumed that that was, you know, vodka and soda water or vodka in some type of mix, correct? That was clear? [01:21:12] Christopher Albert: Correct. [01:21:14] Speaker 1: 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? [01:21:28] Christopher Albert: Yeah, I would have no idea. [01:21:29] Speaker 1: You can't tell that by eyeballing a drink, right? [01:21:33] Christopher Albert: No. [01:21:33] Speaker 1: 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. But in any case, Karen does not appear to be under the influence of alcohol to you. [01:21:48] Christopher Albert: I didn't notice anything. [01:21:49] Speaker 1: She wasn't stumbling, correct? No. She wasn't swaying. [01:21:54] Christopher Albert: I didn't notice. [01:21:54] Speaker 1: She didn't appear to be unbalanced, correct? [01:21:58] Christopher Albert: I didn't notice anything. [01:21:59] Speaker 1: She wasn't slurring or words. [01:22:01] Speaker ?: No. [01:22:02] Speaker 1: She wasn't talking gibberish, correct? [01:22:05] Christopher Albert: No. [01:22:06] Speaker 1: She was engaging in normal conversation and she appeared to be under control? [01:22:12] Christopher Albert: Yeah. [01:22:12] Speaker 1: And would you agree with me that she also appeared to be affectionate with John O'Keefe? [01:22:18] Christopher Albert: I wasn't really watching their interactions too much, to be honest. [01:22:22] Speaker 1: All right. But in any case, you never saw any arguing between the two of them? [01:22:27] Christopher Albert: I wasn't really paying attention to their interactions. [01:22:32] Speaker 1: And you didn't perceive any tension between them, correct? [01:22:37] Christopher Albert: I didn't notice anything irregular. Irregular. [01:22:41] Speaker 1: Okay. And from your observations of Karen Reed that night, and you were there probably over two hours, were you not? Total about that, yeah. From your observations of Karen that night, you would have had no problem with her driving a car, correct? [01:23:01] Christopher Albert: I wouldn't even have thought about it. [01:23:05] Speaker 1: 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? [01:23:24] Christopher Albert: I believe so. [01:23:26] Speaker 1: Now, you previously, well, you testified on direct examination today, I believe, that you thought you got home between 12.05 and 12.10 a.m. on January 29th, correct? [01:23:40] Christopher Albert: It's what I remember. [01:23:42] Speaker 1: If I suggested to you that you didn't even leave the bar until 12.13 a.m., would you quarrel with that? [01:23:54] Christopher Albert: Would I quarrel with it? Yes. No, I guess not. I mean... [01:24:02] Speaker ?: All right. [01:24:03] Speaker 1: And is your memory exhausted as to the precise time that you left the bar? [01:24:08] Christopher Albert: Is it exhausted? [01:24:10] Speaker 1: Right. In other words, do you not remember the precise time that you left the bar that early morning? [01:24:16] Christopher Albert: It's over two years ago. I don't know the precise time. That's why I said between 12.05 and 12.10. [01:24:23] Speaker 1: That answers my question. Thank you. Could we have Exhibit 53? Well, with the court's permission, can I publish Exhibit 53? It's a short clip from the waterfall. Sure. Okay. I think we need to back out. Let's start. If we could pause it for a second, please. Miss Ralph, you would agree with me, this was clearly the end of the night? [01:25:59] Christopher Albert: Sure. [01:25:59] Speaker 1: The lights are all on at this point? [01:26:02] Christopher Albert: Yes. [01:26:03] Speaker 1: The bar appears to have largely emptied out? [01:26:06] Christopher Albert: Yes. Okay. Continue, please. [01:26:18] Speaker 1: Pause it. Oh, there we go. My co-counsel is much better with this than I am. Do you know who that person is who's leaving the bar at this point at 12.13 and 43 a.m.? [01:26:35] Speaker 3: Dean, it might be better without that spotlight. [01:26:39] Speaker 1: Okay. See it now? Yeah. [01:26:41] Christopher Albert: I believe it's me. [01:26:42] Speaker 1: Continue, please. Okay. You can take that off the screen. So, having now viewed that video with the timestamp of 12.13 and about 43 seconds or so, does that refresh your memory as to when you left the water? Waterfall? [01:27:15] Christopher Albert: Yes. [01:27:16] Speaker 1: That would mean it would have been impossible for you to get home to Maple Street by 12.05 or 12.10, correct? [01:27:25] Christopher Albert: Correct. [01:27:27] Speaker 1: Now, it was about maybe a seven-minute walk home. Would you agree with me? [01:27:34] Christopher Albert: From Waterfall to Maple? No. I said seven minutes from D&E to Waterfall. Waterfall to Maple is probably less than five minutes. [01:27:44] Speaker 1: So, it's your testimony that D&E is closer to the Waterfall than the Waterfall is to Maple Street? [01:27:53] Christopher Albert: D&E is farther away from Waterfall than, farther away from where I live than Waterfall is. I understand. Oh, I don't follow you. Oh, I don't follow you. I'm sorry. [01:28:02] Speaker 1: I'll try to clarify. I don't mean to be confusing here. [01:28:05] Christopher Albert: It's fine. [01:28:06] Speaker 1: I'm not asking about the distance between D&E and your home. I'm trying to compare or ask you to compare the distance between D&E and the Waterfall and then the Waterfall. Do you see the difference? I think so. Would you agree with me that your home is farther from the Waterfall than D&E Pizza is from the Waterfall? [01:28:33] Christopher Albert: I don't follow you. I'm sorry. [01:28:36] Speaker 1: Okay. So, let's take it step by step. D&E Pizza to the Waterfall, are they on the same street? [01:28:45] Christopher Albert: Yes. [01:28:47] Speaker 1: How many establishments, if you know, are between D&E Pizza and the Waterfall? [01:28:53] Christopher Albert: Just a few. [01:28:54] Speaker 1: Okay. So, it's a very short walk from D&E Pizza to the Waterfall. Yes. Correct? Your home on Maple Street is not on the same street as the Waterfall, correct? [01:29:04] Christopher Albert: It's off of the same street. [01:29:06] Speaker 1: But it's not on the same street. [01:29:08] Christopher Albert: No. [01:29:09] Speaker 1: And your home on Maple Street is farther from the Waterfall than D&E Pizza is to the Waterfall. Correct. Correct. Okay. [01:29:21] Christopher Albert: I didn't understand it earlier. No, I know. [01:29:23] Speaker 1: And I'm trying to work through this because, again, I'm not trying to trick you here. I just want to get the answer. So, 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 D&E Pizza? Correct. All right. And I believe you said that one walk was seven minutes and one walk was maybe less than five minutes, correct? Yes. All right. The seven-minute walk would have been the walk home as opposed to the walk to the Waterfall, correct? [01:29:57] Christopher Albert: Yes. [01:29:58] Speaker 1: All right. So, you have agreed that you left the bar at 12.13, almost 12.14, according to the video, and it would have taken you about seven minutes to walk home, correct? [01:30:12] Christopher Albert: Not exactly sure how. [01:30:14] Speaker 3: Can I see counsel at the time? Go, please. [01:30:29] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. [01:32:12] Speaker 1: 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. With regard to the timing of how long it took you to go home, I believe your best estimate is about five minutes. Is that your testimony? And when I say home, I'm not talking about from D&E Pizza. I'm talking about that early morning when you're at the waterfall. [01:32:42] Christopher Albert: I assume, yeah. I'd say around five minutes, I think, from the waterfall to Maple Street. Fair enough. [01:32:48] Speaker 1: All right. So now, if you're leaving the bar like close to 12:14, as indicated on the video, you're getting home somewhere around 12:19, 12:20, correct? [01:33:01] Christopher Albert: Roughly, yeah. [01:33:02] Speaker 1: And what were you wearing that night? [01:33:03] Christopher Albert: Blue jeans, sneakers, I think, and a sweatshirt. Okay. [01:33:13] Speaker 1: And it had started to snow by that point? [01:33:16] Christopher Albert: A little bit. [01:33:17] Speaker 1: A little bit. So the ground was a little bit either slushy or wet? [01:33:23] Christopher Albert: Not slushy, but it could have been wet. Could have been wet. [01:33:27] Speaker 1: And the snow had not yet started to accumulate or had it? It didn't start. All right. So, you know, you're walking home, but it was cold, correct? [01:33:40] Christopher Albert: Correct. [01:33:41] Speaker 1: And would you agree that in the best case scenario, you might have had a little bit more clothing on for that cold walk home? [01:33:50] Christopher Albert: I think I had a sweatshirt on. [01:33:51] Speaker 1: Right. But you could have used something else, right? Oh, probably. In light of the weather? Probably. All right. Because you testified that by the time you got home, you were pretty cold, right? Correct. You hadn't, you know, if it had been about a five minute walk, that was enough time for you to walk in almost shivering, correct? Sure. And given that there was precipitation, you know, the snow had started, the sweatshirt would absorb the moisture as opposed to repel it, correct? [01:34:22] Christopher Albert: Sure. [01:34:23] Speaker 1: And so you were wet as well when you walked in, right? [01:34:26] Christopher Albert: Sure. [01:34:27] Speaker 1: And by that point in time, you were tired, correct? [01:34:31] Christopher Albert: I don't remember if I was tired, but I don't remember if I was tired at that point. Okay. [01:34:41] Speaker 1: You had worked all day? [01:34:43] Christopher Albert: Correct. [01:34:44] Speaker 1: You were tired, until late in the day, actually into the evening, correct? Correct. Taking pizzas in and out of a hot oven? Correct. As well as other food that you serve as well, correct? [01:34:57] Christopher Albert: Yep. [01:34:58] Speaker 1: Okay. And you're now, and by the way, 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. That was in part because you weren't up for the continued partying at that point, correct? [01:35:20] Christopher Albert: Yeah, I just wanted to go home. [01:35:21] Speaker 1: Right. And so when you got home, would you agree with me that your first priority would have been getting out of the wet clothes that you were in? [01:35:31] Christopher Albert: Correct. [01:35:34] Speaker 1: And where would you have done that within your home? In my bedroom. And is this a townhouse or is it a freestanding residence? [01:35:43] Christopher Albert: It's a condominium. Condominium. [01:35:45] Speaker 1: How many floors? [01:35:48] Christopher Albert: There's three floors. [01:35:49] Speaker 1: And your bedroom's on the top floor? [01:35:51] Christopher Albert: Correct. [01:35:52] Speaker 1: And the entrance is ground level? Correct. When you first entered the home in those wet clothes, where was your wife, Julie? [01:36:02] Christopher Albert: Upstairs in the bedroom. [01:36:04] Speaker 1: And was she already washed up and ready for bed? [01:36:09] Christopher Albert: She was lying in bed. [01:36:12] Speaker 1: And where did you go when you walked in the ground level? [01:36:16] Christopher Albert: I went up to the bedroom. All right. Took off my clothes, jumped in bed. All right. [01:36:21] Speaker 1: And do you have a master bath with regard to your bedroom? [01:36:27] Christopher Albert: There's a bathroom, yeah. [01:36:28] Speaker 1: All right. That would have been where you brushed your teeth? [01:36:32] Christopher Albert: Yeah. [01:36:33] Speaker 1: And washed up? [01:36:35] Christopher Albert: I did. That's where I would do those things, but I didn't do them. You didn't do either of those? No. [01:36:40] Speaker 1: Okay. Did you grab a drink of water before you went to bed? Nope. All right. You essentially came home, and I think we agreed it was around 12:20 or so, give or take a minute. Roughly. And you made a beeline for your bedroom. [01:36:56] Christopher Albert: Correct. [01:36:59] Speaker 1: Did you fall asleep shortly thereafter? [01:37:05] Christopher Albert: Soon after. [01:37:06] Speaker 1: Within five minutes or so? [01:37:09] Christopher Albert: Ten minutes? I started to doze off. I don't know exactly how soon after I fell asleep. All right. [01:37:18] Speaker 1: Sometime within five or ten minutes, would you say? [01:37:21] Christopher Albert: I would say more like within 15 minutes. [01:37:24] Speaker 1: 15 minutes. Okay. So, with regard to getting home, and we'll call it 12:19, because I think that's more consistent with what you said. And understanding that it's just an estimate. If you're walking in the door at 12:19, it takes you maybe a minute to get upstairs? [01:37:43] Christopher Albert: About a minute. [01:37:45] Speaker 1: You kicked off your sneakers downstairs, I imagine? [01:37:48] Speaker ?: Maybe. [01:37:48] Christopher Albert: I don't remember. That was a long time ago. [01:37:50] Speaker 1: Okay. And then you walked up two flights of stairs, right? [01:37:52] Christopher Albert: Probably ran up the stairs because I was cold. [01:37:54] Speaker 1: Okay. All right. So, you're getting up there around 12:20 or so, correct? [01:37:59] Christopher Albert: Roughly, yeah. [01:38:00] Speaker 1: And you believe that you dozed off about 15 minutes later, which would have made it about 12:35? [01:38:06] Christopher Albert: Somewhere around there. [01:38:08] Speaker 1: All right. Now, when you came home, you would agree with me that your son, Colin Albert, was not home, correct? [01:38:14] Christopher Albert: Not when I first got home. [01:38:16] Speaker 1: And in fact, I think your testimony was that 10 minutes after you got home, he opened the bedroom door? [01:38:33] Christopher Albert: I think that's what I said, yeah. [01:38:35] Speaker 1: Do you want to stick with that? [01:38:37] Christopher Albert: I'm just trying to recollect what I, you know, thinking it over. So, obviously, it was a little bit longer. [01:38:45] Speaker 1: Because you actually woke up when he opened the bedroom door, correct? [01:38:52] Christopher Albert: I don't think so. [01:38:54] Speaker 1: 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 woke you up to say good night? [01:39:14] Christopher Albert: Yeah, I guess that's what I said. [01:39:16] Speaker 1: Okay. And when you testified to that on direct examination, that was when Mr. Lally was asking your questions, correct? [01:39:25] Speaker ?: Correct. [01:39:26] Speaker 1: And you knew that you were under oath at that time, correct? [01:39:29] Speaker ?: Correct. [01:39:30] Speaker 1: And you were trying to be as accurate as possible, correct? [01:39:32] Christopher Albert: Trying to be, correct. All right. [01:39:35] Speaker 1: So, in terms of the timing of this, assuming that he opened the bedroom door after you already fell asleep, 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? [01:40:01] Christopher Albert: I don't remember exactly. [01:40:03] Speaker 1: Well, it's difficult for you to remember how long you'd been asleep for when Colin opened the bedroom door, correct? Correct. Correct. You don't know if it was 5 minutes, 10 minutes or long, correct? [01:40:20] Christopher Albert: I don't know exactly. [01:40:21] Speaker 1: Right. But it was sometime after you fell asleep. [01:40:27] Christopher Albert: To the best of my recollection. [01:40:32] Speaker 1: Now, with regard to your son Colin, he obviously lived in the same neighborhood as John O'Keefe, because that's where your family lives, correct? Correct. [01:40:43] Speaker ?: Correct. [01:40:43] Speaker 1: And back in 2022, Colin Albert was 17 years old? [01:40:50] Christopher Albert: Correct. Part of the year. [01:40:53] Speaker 1: And you knew that, like most teenagers, Colin drank alcohol with his buddies, correct? [01:41:02] Christopher Albert: Correct. [01:41:04] Speaker 1: Can you explain for the jury who or what is Nebercracker? [01:41:12] Christopher Albert: What is Nebercracker? Yes. Like the character? [01:41:16] Speaker 1: That's what I'm asking. [01:41:18] Christopher Albert: It's a character in a cartoon called Monster House. [01:41:23] Speaker 1: And would you agree with me that Nebercracker in the movie Monster House was this kind of old curmudgeon who didn't want anybody on his lawn, correct? [01:41:38] Christopher Albert: The character, yes. [01:41:39] Speaker 1: He was the get off my lawn guy, correct? [01:41:43] Christopher Albert: In the movie, yeah. [01:41:45] Speaker 1: What was your nickname and your wife Julie's nickname for John O'Keefe? [01:41:51] Christopher Albert: Mr. Nebercracker. All right. [01:41:53] Speaker 1: And your wife Julie actually had John O'Keefe plugged into his contacts as Nebercracker, correct? [01:42:01] Christopher Albert: Correct. [01:42:02] Speaker 1: In fact, you were there one time when Julie showed Karen Reed her phone to show how John O'Keefe was plugged in as Nebercracker, correct? [01:42:13] Christopher Albert: I believe so. [01:42:15] Speaker 1: And this whole nickname started because of a conflict that Colin Albert had with John O'Keefe, correct? [01:42:24] Christopher Albert: Not correct. [01:42:26] Speaker 1: John O'Keefe complained to you about things that Colin was doing. [01:42:30] Christopher Albert: Not correct. [01:42:31] Speaker 1: He would tell you that Colin used to throw beer cans or beer bottles in his bushes, correct? Jackson, Your Honor. [01:42:38] Speaker 3: You can answer that? What's your answer to that? [01:42:40] Christopher Albert: That is not correct. [01:42:41] Speaker 1: John O'Keefe told you that Colin used to flip him off, correct? [01:42:45] Christopher Albert: Not correct. [01:42:46] Speaker 1: And say F you to him? Never. Colin used to cut through his yard? [01:42:51] Christopher Albert: Nope, that was Dylan. [01:42:53] Speaker 1: You knew that John didn't like people cutting through his yard, correct? [01:42:59] Christopher Albert: No, I don't know that to be true. Okay. [01:43:01] Speaker 1: So is it your testimony that John O'Keefe invited kids to cut through his lawn all the time? [01:43:13] Christopher Albert: I don't understand. Is that a question? Is that a question? [01:43:16] Speaker 1: 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? [01:43:34] Christopher Albert: Do you want me to, can I explain? [01:43:37] Speaker 1: 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. [01:43:43] Christopher Albert: So no, he's not a, no. All right. [01:43:46] Speaker 1: 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? [01:43:58] Christopher Albert: That is correct. [01:43:59] Speaker 1: And you entered onto his property, correct? [01:44:02] Christopher Albert: On his front property, yes. [01:44:07] Speaker 1: 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? [01:44:23] Christopher Albert: Jackson, Your Honor. [01:44:24] Speaker 3: You can go ahead. Can you answer that? [01:44:26] Christopher Albert: Yeah, he was actually asking us to watch his house while he was away. [01:44:30] Speaker 1: 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? [01:44:40] Christopher Albert: He asked us to watch his property. [01:44:42] Speaker 1: 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? [01:44:53] Christopher Albert: Yeah, he didn't ask me to send him a photo. All right. [01:44:57] Speaker 1: And you would agree with me that Nevercracker wouldn't like a photo of somebody on his lawn with drinks in his hand, in their hands, correct? [01:45:10] Christopher Albert: The cartoon character, Nevercracker? [01:45:12] Speaker 1: Yes. [01:45:14] Speaker 4: Jackson, Your Honor. [01:45:15] Speaker 3: Sustain. Next question, please. Yes. I have the photo. [01:45:32] Speaker 1: May I approach you? [01:45:33] Speaker 4: Yes. [01:45:34] Speaker ?: Okay. [01:45:35] Speaker 1: Mr. Albert, I place two photographs before you, if you could take a look at those and tell the jury if you recognize what they depict. [01:45:54] Christopher Albert: I do. [01:45:55] Speaker 1: What do those photos depict? [01:45:56] Christopher Albert: It's me and my wife straddling John's fence. We're giving a thumbs up in one of them and a smile in another one. Okay. [01:46:06] Speaker 1: All right. And you say John's fence, so that's actually on John's property, correct? [01:46:10] Christopher Albert: 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 a certain portion of it. [01:46:18] Speaker 1: Would you agree with me that that photo was taken in April of 2021? [01:46:24] Christopher Albert: I'm not sure when it was taken, but if that's what you have for a date, then that's fine. [01:46:29] Speaker 1: Okay. Who took that picture? [01:46:36] Christopher Albert: That's a good question. I have no idea. [01:46:38] Speaker 1: Where was your son calling that night when you had that picture taken? I have no idea. 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'Keefe? [01:46:55] Christopher Albert: Absolutely. All right. [01:46:57] Speaker 1: Are those a fair and accurate representation of the photos that you took? Yeah. All right. I would offer those, Your Honor. [01:47:05] Speaker 3: All right. Any objection? [01:47:07] Speaker 1: No, Your Honor. And with the court's permission, may they be published for the jury? Okay. With regard to that first photo, is that, well, first of all, whose house is that in the background? [01:47:33] Christopher Albert: That's John's. [01:47:36] Speaker 1: Okay. And that is you on the right and your wife, Julie, on the left? [01:47:41] Christopher Albert: Correct. [01:47:42] Speaker 1: We have the second photo, please. Okay. That is also John's house in the background there? Correct. And again, that's you on the right and Julie on the left. Correct? [01:48:06] Christopher Albert: Correct. [01:48:07] Speaker 1: Okay. We can take that photo now. 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, fuck up his lawn if he didn't come out that night? [01:48:34] Christopher Albert: What do you mean give context to? [01:48:36] Speaker 1: Well, in other words, here you are texting him photos of you and your wife on his lawn, correct? [01:48:44] Christopher Albert: Yes. [01:48:45] Speaker 1: And that's a common theme that explains the January 28th text where you were threatening to fuck up his lawn, correct? [01:48:53] Speaker 4: Jack, General. Jack, General. [01:49:00] Speaker 1: Okay. I just have one more area that I want to cover with you, sir. You previously confirmed that when you walked in your door on January 29th of 2022 after coming home from the waterfall, your son Colin was not home, correct? That's correct. That's correct. At that time, you had no personal knowledge of where he had been that night, correct? [01:49:27] Christopher Albert: That's correct. [01:49:28] Speaker 1: Since that time, you know that he was at your brother Brian's house that night, Brian Albert. That's correct. Your old home, correct? Where I grew up, yep. And you knew that address to be 34 Fairview Road. [01:49:45] Christopher Albert: Correct. [01:49:46] Speaker 1: And you knew that that was the same house outside which John O'Keefe was found dead later that morning, correct? [01:49:54] Speaker ?: Correct. [01:49:55] Speaker 1: May I have a moment? [01:49:57] Speaker 3: Sure. [01:50:16] Speaker 1: Just one other question, sir. 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 Brian's house that night, correct? [01:50:37] Christopher Albert: I don't remember. [01:50:38] Speaker 3: I don't remember. [01:50:39] Christopher Albert: All right. [01:50:40] Speaker ?: Thank you. Redirect? Yes, sir. [01:50:43] Speaker 3: Go ahead. Okay. Thank you. Now, Mr. Albert, you were asked some questions about being a selectman. [01:50:50] Speaker 4: Were you a selectman at the time on January 28th, 2022? No. About how long after that was it that you came in? [01:51:05] Christopher Albert: Sometime in April that the election was over, April, second week in April, maybe? [01:51:19] Speaker 4: So that's a photograph that you were shown with respect to yourself and the former Chief Berkowitz of the Kim police. When was that? [01:51:26] Christopher Albert: 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? [01:51:39] Speaker 4: So well after January 28th, 2022? Yes. And you were asked some questions about your brother selling the house. Now, prior to your brother selling the house, you had sold your house, correct? Correct. And why was that? Why was that? [01:51:53] Christopher Albert: It just made sense for us. You know, it was just a financial decision. Kids were getting older, is that correct? [01:52:00] Speaker 4: Yeah. One was in the Navy. Yep. Another was about to go to college. [01:52:05] Christopher Albert: Correct. [01:52:06] Speaker 4: And what, if any, relation did that have to your brother selling the house? [01:52:12] Christopher Albert: So once he found out that I was selling my-- Objection. [01:52:16] Speaker 3: You know what, I'm going to allow it. [01:52:19] Christopher Albert: 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, the guy who sold my house. [01:52:30] Speaker 4: And that selling in the house, was that something that you would discuss with your brother prior to January 28th, 2022? [01:52:36] Christopher Albert: Yeah, soon after. [01:52:38] Speaker 3: Okay, let's move on from there. [01:52:39] Speaker ?: Okay. [01:52:39] Speaker 3: Let's move on from there. [01:52:51] Speaker 4: Now, with regards, um, regards to your son Colin when he came home that night, you indicated that it was about 10 minutes after. Now, was that 10 minutes after you arrived home or 10 minutes after you got into bed? [01:53:10] Christopher Albert: 10 minutes after I jumped into bed. [01:53:12] Speaker 4: Now, with reference to your son Colin, he came home, you saw him that night, correct? [01:53:18] Christopher Albert: When he came home? [01:53:19] Speaker ?: Yes. [01:53:19] Christopher Albert: Yeah, he just leaned his head in the door. [01:53:22] Speaker 4: And when he leaned his head in the door, did you, similar to what I had asked you about, Mr. O'Keefe, did you observe any sort of injuries or anything like that through his face? No. Saw your son the next day as well? [01:53:32] Christopher Albert: Yes. [01:53:33] Speaker 4: Did you observe any injuries to him at any point? None. And you mentioned that you went over to your brother Brian Albert's house and both he and Mr. Higgins were there, correct? [01:53:41] Speaker ?: Correct. [01:53:42] Speaker 4: As far as your interactions with both Brian Albert and Brian Higgins that following day, what, if any injuries did you observe on them then? [01:53:48] Christopher Albert: None. [01:53:50] Speaker 4: With regard to Nevercracker, what was sort of the origination of that? [01:53:59] Christopher Albert: It's, it's a joke. It's, um, so my son Dylan, who is my littlest one, he was cutting across John's lawn one day, coming home from the school, walking, this is before John 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 John's 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. Nevercracker. 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. [01:55:12] Speaker 4: And that was after he'd asked you to watch his house. Yeah. Yeah. And 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. One last question. So after you sent, uh, the text message as far as to come over here and then made the reference to his lawn, Mr. O'Keefe then came over to the water. Yeah. He came over after. Nothing. Nothing. Nothing. All right. You are all [01:55:42] Speaker 3: Thank you.