Transcript for:
Colin Albert's Testimony Overview

whenever you're ready Mr M thank you uh good afternoon sir how are you would you uh please state your name and spell your last name from Colin Albert a ob b r t and uh where do you live sir Canton Mass and uh how long have you lived in my whole life and uh who if anyone do you live in Cy I live with my mother my father and my two brothers and uh your mother and your father uh what are their names Julie and Chris Albert and uh your brothers uh what are their names uh Chris and Dyan Albert and um as far as within the the age of you and your two brothers where do you fall in that I am the middle child and how old are you sir I'm 20 years old and uh do you work do you go to school I go to school at Bridgewater State and what year are you in I am going into my junior year now sir if I could turn your attention to uh January 28th into January 29th of 2022 recall those days uh yes you recall what days of the week they were um I do not uh do you call whether it was weekday weekend weekend and turning your attention to uh the evening of January 28 uh you recall where you went that night yes I do and just to be clear around that time uh when you in college were you in high school what grade were you in I was a senior in high school uh so end of January you would have been about four months away or so from graduation correct yes sir and um on that evening uh where did you at some point did you leave your home and go up yes I did and do you recall about what time it was that you went out I do not remember uh do you recall whether it was light or dark when you went out it was dark and uh where did you upon leaving your house uh where did you go I went to one of my buddy's houses and uh that buddy what was his Mike and where does Mike live in a relation can you rephrase that uh does Mike live in Canton as well yes he does about how far is it from your house to Mike's house about like seven eight minutes and when you got to Mike's house uh was it just you and Mike or if anyone else was there um I do not remember who was there was there more than just the two of you yes and uh generally speaking when you got to Mike's house what is it that you did when you got I do not remember now as far as how you got from your house to Mike's house uh do you recall how you got there no I do not remember let me ask you this did you walk did you drive did you get a ride I got a ride you recall who you got a ride from no and um when you uh do you recall let me ask you this as far as um that particular night that you went out um did you drink any alcohol beverages while you were yes and uh did you drink any of those at Mike's house yes and uh do you recall generally what you were drinking that night Bud Light and uh when you were at Mike's house on that particular evening do you recall about how long you were there for a few hours and you recall how much you had to drink while you were at Mike's house I do not remember and so in reference to you going out and going over Mike's house and having some deers over there is that why you didn't drive yes um so you got a ride from someone over to Mike's house you spend some hours there and then you recall where you went from there I went to my uncle's house and um fair to say you have a relatively large extended family within Canon is that correct yes and so when you say you went to your uncle's house which uncle house did you go to my Uncle Brian and that would be same last name as yourself so Brian Albert yes and how is he your uncle sort of how was he related to he is my father's brother and why did you go to your uncle's house that night it was my cousin Brian's birthday so I went over to celebrate for a little bit with him and so that would be Brian Albert Jr is that right yes sir and you know how old your cousin Brian Albert junr was turning on that night I do not know um when uh do you recall how you got from Mike's house to your uncle's house I believe Ali mck and uh do you know the address as far as your uncle's house 34 Fairview Road is that somewhere family's house is that somewhere that you had been before yes and so your memory is that Ali mccave gave you a ride from Mike's house to the house on Fairview from what I remember yes now Ali mccab as far as who is that to you or what if any kind of relationship you have with Ali it is my cousin's cousin so not technically my cousin but we're close and like we do family events and stuff like that together and you and and miss m are you in the same grade yes um and how long have you known each other my whole entire life um so not blood related but someone that you see at family events yes um and someone that was in the same grade and went to the same school as you correct and that school what which school did you go to at that Canton High School and do you recall about what time it was that you arrived at the house on between 10:30 and 11: at night and uh did you have at that time um any kind of a curfew or time that you had to be home uh from from your parents usually around like right around before midnight and so was it like a hard fast like 12:00 if you're not here you're grounded or was it sort of around that time just around just around midnight and so after when when you arrive there you go into the house is that right yes and the house uh at 34 Fairview has a couple of different ways to get in the house in the front is that correct correct and do you recall which way that you went in that that evening um the side door near the garage and when you come into the house uh where did you go within the house um what what room did you go into uh the living room and then from the living room where else did you go within like the kitchen area and within the kitchen area of the house who if anyone else was present in the kitchen um from what I remember my cousin Brian um Emily Fabiano Sarah levenson and Katherine dudy from what I remember that night um is it possible there were other people there that you just don't recall yes and where were they situated uh sort of in the kitchen dining room here like sitting around the uh kitchen table I would say now after you arrive there um well when you arrived there what what is it that they were were doing when you walked just listening to music and having a couple of drinks and um you come in you greet people is that correct yes now the other people that you talked out as far as beyond your cousin Brian Albert Jr um did you know those other people I knew of them I wasn't friends with them or anything to say they were older than you were is that correct correct so like Miss levenson would have been older than you uh by at least a few years at that point yes and the same with reference to I believe you said Miss Fabiano and Miss dudy is that correct correct now when you arrive at the house uh did you have any other drinks once you got there yes and you recall what if anything you drank once you got bu light the same as you were having before correct you uh know how many that you had while you were at 34 fair I do not remember and over the course of the evening whether it was at Mike's house or in between or when you got to 34 Fairview um you feel yourself as far as like overly intoxicated or drunk or anything like that no And as far as the other people that you observed at the house that night does anybody stick out to you as being over intoxicated or or fall down drunk or anything like that no now with reference to when you came into the house you mentioned music playing um what how would you describe sort of the the General moood within the house it was happy it was yeah now as far as that area where you first observed uh the people around the table in the kitchen dining room area when you came in um did you ever see anybody else go anywhere else in the house not that I remember did you yourself go anywhere else in the house no at any point in time in the evening while you were there did you go upstairs or downstairs in the basement or out in the backyard or anywhere else besides the kitchen dining room area no on maybe the restroom at some point yeah other than that no and about how long were you uh at uh your uncle's house at night uh to celebrate your cousin's birthday probably around like an hour and a half and uh so about what time would it have been that you left 1210 and um with respect to you're leaving the house um who if anyone did you contact uh to to facilitate rephrase let me ask it in a much easier better way okay um as far as your plans were concerned as far as leaving the house who if anyone did you reach out to uh to to get a ride from my friend Ally mcabe um and uh how did you reach out to her I texted her and do you recall whether or not you had any sort of other communication well let me step back and ask it this way at that point in time um in January of 20122 uh you had Miss McCabe's information saved as a contact in your phone is that correct correct and on prior occasions had you had a chance to you know call that number from your cell phone that you had programmed in as Ali MC correct and when you called that number who if anyone answered the phone Ali now with respect to uh text Communications have you had text Communications with that contact in your phone as Ali M prior to uh that date of January 28th yes and when you had those conversations did you then also have subsequent sort of in-person uh conversations with Ali mccab as well yes and during those in-person conversations was there any reference or anything talked about content that had been previously sent and communicated via Tex no let me ask it in in a f so you would have text Communications with the person you put in as a contact as Al M correct yes and then subsequent to having those text Communications you would then speak to her either in person or over the phone correct objection um the objections Su stain watch the form of your questions following those uh text Communications with the person that you had in put in your phone uh what if any verbal conversations would you have in reference to the content of the text I'm not sure what you're asking about that did you talk to her in person about something you had talked to her about in tense no now with reference um on that specific date of January 28th um had you was text communication is the only means by which you communicated with Al from from what I remember yeah and were there other means by which you would typically communicate with her if she wasn't answering a text I'd give her a call yeah and were there apps or anything like that on your phone that you would communicate with with her as well Snapchat sometimes now with respect to Snapchat and um your family specifically your cousins um what if any sort of uh group Snapchat uh chains uh were there with respect to your family yes and specifically who were those sort of group Snapchat chains who was included within um I had a I have a Snapchat Group C uh Snapchat group chat with my cousins and you have cousins on basically your father's side and your mother's side correct not on my mother's side no you have no cousins on your mother's side no and with respect to uh the cousins on your father's side would it be all of your cousins that were included within that not all of them now and uh so who of your cousins would be included on those kind of group Snapchat um my older brother Chris my younger brother Dylan um my cousin Kevin Brian Brendan Caitlyn Kayla and I believe that is it and if you recall was there any communication on that group Snapchat chain in regard to Brian Jr's birthday on that date of January 28th or 29th no not that I remember now with respects um so you reach out to miss MCC via text is that correct yes and she agrees to pick you up yes and uh at some point um are you made aware that she's at the home yes and how is it that she makes you aware that she's at I got a text message from her that says I'm here and at any point in time while you were in the home did uh did Miss mccab come inside the home no and so after you received that that text message from Miss mccave did you respond yes and what you respond come in and from that communication after you sent that about how long was it between the time that you sent that and the time that you came out between 30 seconds and a minute I'd say and when you came out of the house uh um you recall which door you came out at that point the side door next to the garage and when you came out that door who if anyone did you encounter as you were coming out um as I was walking out I saw my Uncle Brian and my Aunt Nicole and uh you were going out and what were they doing they were coming in and uh in addition to your Uncle Brian and your Aunt Nicole was there anybody else that you recall that was with them when they came into the house no not that I remember and um what if any exchange did you have with your uncle and your aunt as you were going out and they were coming I just said um I'm going home my mom wants me home I love you guys by and uh you then went outside of the house is that correct correct and did you see Miss mccave outside yes and where was she in Rel where was her vehicle in relation to the house in the driveway now do you recall what type of vehicle Miss mccab was driving on that particular night or had at that time I believe it was the blue Ford that they had and was that a sedan was that an SUV what type of vehicle a sedan um and so you come out that's in the driveway correct correct you recall whether or not it was parked on the left side or the right side of the driveway I do not remember and you get into the get into the vehicle which part of the vehicle did you get into that I do not remember um front seat passenger side does that sound right could have been that yeah you recall whether or not there was anybody else in the vehicle at the time that you got it I do not remember that you recall whether or not there was anybody else in the vehicle at the time that she had dropped you off at that location I do not remember that either now as far as the coming outside of the house uh did you take note of anything as far as the weather or what was going on with that when you came outside pretty sure it just started snowing at that time around that time um so the snow had just begun do you recall whether or not it was sticking or accumulating on the ground at that time I do not remember no now you get in to the car and where did you go she drove me right home um so no stops along the way just from straight from Fair View to your house correct and uh about how long a period or how long a drive is anywhere between five 10 minutes now as you were outside of the house walking to the car and after the car sort of backs out of the driveway leaves Did You observe anything abnormal or unusual outside of of your uncle's house that night no Did You observe any other pars outside of that time not that I remember now ali uh has a a mother and a father and you're familiar with them is that correct correct and what are their names Jennifer and Matt um same last name that you gave yes and are you familiar with uh what types of vehicles they have yes and when you came out of the house and got into Alley's uh Ford San um did you see any vehicle you would asso with either Jennifer or Matthew mccave at the house at that time no and so you drive home and you go to your your house um without the address um whereabouts within the town of K uh were you living at that point uh it's right in the center of Canton near The Season's gas station and is that a single family house or or multif family house or what is it it is a condominium and when Mr K pulls in and Parks you get out correct yes and so in order to get into the building is there um in order to get into your home is there how is it that you get into your home when you get to the to the cont um there's a there's a door around back that I go into and I got a um either have a key or they buzz me in but I usually have a key and I got to go up uh a few three flights of stairs and then we're at the top level on the in the condominium and so there's you have to get sort of into the building before you can get into your your own unit correct and did you notice whether or not m m was still there as you were excuse me did you notice whether or not miss mccave was still out there parked when you open the door with ke that I do not remember and you get into uh the condo where you get into your home and uh who if anyone was living with you at that time my parents and my little brother your older brother were was you in San Diego he was in the service is that correct correct and uh as far as your brother your little brother and your father and your mother were they home when you got home yes and how do you know because I remember my parents being up in their bedroom that night is there any sort of uh wuolle or sort of the lack of a better term of protocol as far as when you come home where do you go sort of first thing when you walk in I always um tell my mom and my dad that I'm home and usually go up to their bedroom give them a hug good night tell them I love them and then go down to bed and did you do that on that occasion yes um so sort of immediately when you come home you go right up to your parents room yes and when you got up to your parents room on that particular evening with both your mother and your father in in their Ro correct you had that sort of exchange that you described before yes and um so your bedroom is then located downstairs from where your parents bedroom is yes and um if you know about what time was it that you that you came into the house I want to say around 12:20 and fair to say this is two and a half years ago and you weren't exactly looking at your watch when you came in is that right exactly yes and as far as being home or having that curfew around midnight or so did you get in trouble for being late that night no objection I'll sustain the objection I'll strike that now Mr Albert the place that you were living at that point in the condo how long had you been living in that I do not remember um did you live somewhere else in Canton prior to yes where was it that you seven Meadows AV and how long did you live at at seven Meadows my whole entire life before moving to that condo and so all I'm sort of trying to ascertain here is so from the time of January 28 29 2022 was it a long time short time months weeks years how long had you been living at the con short time I'd say a couple months and so prior to that couple of months you had lived your whole life at seven meow correct correct and um that was a single family house is that correct yes and with respect to uh living on meows AB did you know uh people that lived on your street growing up yes and at some point uh while you were living there did you come to know someone by the name of John o' yes and how did you know Mr o' he lived at the top of our street um so how many houses if you know were sort of in between your house and Mr o two and um you know how long that Mr ois had been living on that street I do not know and how did you how did you know him sort of if you could describe sort of your relationship with your neighbor M I knew him because I knew that my parents were friendly with him so that's and I knew he lived at the top of our street that's how I knew him and uh were you aware uh who if anyone lived at the house with M oi I know his two um kids that he brought in adopted Liv there and I'm not sure who else and that would have been his niece and his nephew that he adopted correct correct where were they in relation to you as far as Ages were concerned a lot younger I don't know the exact age difference but so you were in high school they would have been some grade far below yes now as far as um your relationship with Mr O the neighbor um about how often would it be that you would you would see not often every i' drive by every now and then he'd be outside and I would wave he'd wave back that was pretty much it and during the time that you lived on Meadow or any a couple months subsequent to that um there ever any animosity or any any sort of arguments or anything that you would ever had with M never and how would you describe Mr O from your perspective as as far as how would you describe him as a person a nice guy a good guy now with respect uh to if I could bring you back to uh Fairview Road on January 28th and 29th of 2022 um obviously you were familiar with Mr o'keef at that point yes and at any point in time that you were in that home uh did you see Mr o'keef inside the home no at any point in time that you were outside the home going in coming out at any point in time did you see Mr O no at any point in time in the evening of January 28th into January 29th 2022 did you see Mr oi anywhere no and at that time end of January 2022 uh were you uh aware of or did you know anybody by the name of car yes and how did you know I knew that she dated uh Mr o'keef and had you had any sort of Prior interactions with Miss Reed prior to January 28th not that I remember no did you know what she look like not really um as far as any interactions would that be just sort of driving by the house yeah maybe drive by a wave that was that was about it I may have one moment yes now as far as that um sort of reaching out to miss mccab on that particular evening was that something that um you had done before yeah is that something that sort of you and your friend group uh did together as far as if somebody was out and driving around and somebody else was maybe drinking somewhere they could contact them for a r yes correct that was as opposed to somebody drinking and then getting behind and we don't drive correct exactly now sir um some point in July of 20123 did you have uh occasion to uh meet with any troopers from the state police in regard to that evening of January 28th 29th say the date again some point in July of 2023 did you meet with any troopers from the state police no at some point subsequent to that date of January 28 29th did you meet with any troopers from the state police yes um and you were asked questions and you answered them is that correct correct and uh following that conversation or interview that you've had with troopers from the state police um what if anything did you provide them uh with reference to your phone um can you rephrase that sorry at some point did you provide them with a screenshot of a text communication between yourself and M yes and was that something that you took screenshot on your own phone and then were able to then provide it to them correct now may approach yes showing you a document just ask you to look up look at it and then look up when you're finished and do you recognize that sir yes what do you recognize that um my text mage mesages between alley that night and what's contained on that is that a fair and accurate betrayal of what you recall as far as the text messages what was on your phone as far as what you took a screenshot of of the text messages between you Al the cave that night yes sir he Pro yes I want to see to introduce in the Mr Jackson sure noje thank you all right and jurors remember the instruction I gave you about the text messages thank you okay at 84 thank I may approach just return to with the court permission may I uh publish this for the jur okay so what's up on the screen is that what you have before you as exib 84 yes and um the contact that's listed at the top states out is that correct correct is that how you had Mr programmed into your correct and from this there's two sets of communications one contained in blue Bubbles and one contained in non blue bubbles right yes if you know the blue bubbles is that you or is that miss m or who that's me so the other side would be miss m is that correct correct there's also times that stamped are associated with these text bubbles and text Communications yes and if I could direct your attention it may be easier if you're looking at the paper and front but just sort of starting from the top um January 28 2022 uh if you could uh read for the jury uh who what content is what the time is and indicate who is is communic um at 11:54 I texted Ally and said you can get me now period at 11:54 I texted her again and said if easier at 11:55 Ally texted me back and said okay I am driving people home now at 11:55 I said word and then at 11:55 I said get me after at 11:55 Ali wrote back KK and then at 1210 a.m. Ali wrote here and at 1210 a.m. I wrote back okay it's coming to can take you may approach this to retrieve the exam yes now sir with respect uh to um that last communication that you sent as far as okay how long after that uh message was sent did you then go out to the car where Ali was right after I'd say around 30 seconds and you're on may approach the witness again yes sir I'm going I'm showing you what's been marked as exhibits 82 and 83 again I just ask to take a look at those and look up with you and do you recognize those sir yep and what do you recognize those um say that say that what is in those um a picture of me and my aunt and a picture of me by myself and uh do you uh recall sort of when those photographs were taken yes February 11th and why is it that you recall that that well let me ask you this as far as February 11th was concern concerned where were you that D I was at my uncle's house and why were you at your uncle's house on dadd uh my cousin was coming home for leave from the Marine Corps so we had a little gathering for him and just to be clear when you say your uncle you're talking about your Uncle Brian Albert again correct your cousin that was coming home from the Marines uh what's his name Jack Albert and so on that evening we were over that house is that correct correct and um the first picture in exhibit I believe it's 82 is that correct you and your a Nicole correct and what's contained on there is that a fair inacurate betray sort of what you look like as far as your your arms your hands your face all of those things on on that date of February 11th correct and second photograph is again you by yourself is that correct correct and from that photograph again is that a fair and accurate bet trailer what you look like on February 11th yes and from the second photograph in if you know uh where where was that taken within the home of your um in the library at um 34 Fairview and again that library or any of the other rooms uh within the house beyond the kitchen the dining room or possibly the restroom did you go into any other areas of the house on that night of January 28th into January 29th no can I approach this retrieve yes y one moment joh okay now Mr Albert just one last question when it came to your arrival at 34 Fairview Road on the evening of um or the early morning of January 29th when you were leaving um beyond your uncle bran and your on Nicole um did you see anybody else uh anybody else older than yourself or anybody else related to uh that group uh come into the house at no thank I have nothing Mr Jackson do you want to begin or wait until the morning it probably makes more sense to wait till okay thank you all right going to wait until the J all right whenever you're ready Mr Jackson thank you Mr Albert um who did you talk to in order to prepare for your testimony starting yesterday can you rephrase that question please rephrase the question you didn't understand my question no no who did you speak to in order to prepare for your testimony yesterday my lawyer other than your lawyer who did you speak to to prepare for your testimony yesterday no one you didn't speak to your parents no you didn't speak to your mom your dad nope uh at any time before yesterday about your testimony or your statements nope did you discuss with your parents their testimony no so after they got off the witness stand U your dad didn't come home and say Here's how my day went no your mom didn't come home and say Here's how my day went nope the Albert family just ignored the fact that both of them testified in a court of law before a jury about the events of January 29th 2022 nothing was ever said no um did you talk to Mr L at any point at any point before yesterday in preparation for your testimony before yesterday you said correct yes tell me when um want to say a month ago about what did you talk about I got prepped for this tell me what that means what does it mean to prep for this what I'm going to be getting asked okay uh remember my first question very first question this morning I said have you spoken to anybody in order to prepare for your testimony you said no yeah so that's not true spoke with Mr L okay yes is okay it's yes or no yes okay uh you said that was about a month ago correct correct around a month ago tell I'm sorry I didn't mean around a month ago tell me what you and Mr L discussed the questions that would be asked here can you be more detailed I don't remember everything he said did he go over the questions that he believed he would ask I believe so did you give him answers to those questions that you believed you would give in response to his questions yes um what questions did he tell you he was going to ask I don't remember what answers did you tell him you were going to give I don't remember that was just a month ago right yes obviously you've been thinking about this case quite a bit haven't you yeah over the last two and a half years no how long have you been thinking about this case since I guess since people started writing about me on the internet how about since you were at a house where an individual ended up dead on the lawn the next morning did that prompt you to start thinking about this case no not so much huh nope did you speak with When Miss jali spoke with you who else was there the witness Advocate I believe and Steve Nelson yes who else and is it Sergeant Tully I believe Tully t l l y I believe so yes okay anybody else not that I remember started tul taking notes while you were having this conversation with Mr La I do not remember Mr L taking notes I do not remember you remember being told by either Sergeant t or Mr L that your conversation was being recorded I do not remember how long was that meeting say 15 minutes 20 minutes were you given any instruction instuctions by either Sergeant Tully or Mr L about your preparation for your testimony can you rephrase that please sure did they give you any instructions about your prep the preparation for your testimony how they wanted you to answer questions but the tener of your testimony no how they wanted you to dress for instance no other than that time a month ago have you spoken with Mr L or anybody from the DA's office since then before yesterday no you watched any coverage of this case online nope no social media no I don't have social media no news uh no news U coverage nope Nightly News channel 25 Channel 5 no uh national news nope blogs nope so literally according to you you know zero about the media coverage concerning this case Commonwealth versus Ken correct did you talk to Ally before her testimony no when was the last time you did talk to Ally before she testified yesterday I don't remember give me an idea she's one of your best friends a week ago a day ago a month ago I do not remember could it been a year ago I do not remember could have been five years ago no okay so it's more recently than five years ago that you spoke to Val I don't remember okay so you have no independent recollection as you sit here the last time you talked to one of your best friends and your cousin about any subject no I don't remember were you ever told in preparation for your testimony if you start to get stumped or nervous just say I don't remember nope nobody ever told you that no no no sorry it's okay uh so nobody ever informed you that you might get nervous on the witness stand there might be tough questions easiest way to get out of that is just say yeah I don't recall no so you just don't recall because your memory is that bad you literally don't recall the last time you spoke with rejection ask that differently Mr jaon sure your testimony is you are not instructed to say I don't remember you just literally don't remember correct it's an issue with your memory not an instruction that you received correct right but you do remember 2 and 1 half years ago you left 34 Fair at 1210 a.m. corre down to the minute correct did Mr L during this meeting that y'all had did Mr L show you anything items of evidence photographs videos anything like that no did you two talk about any evidence that you might see photographs documents videos not that I remember he didn't show you the series of text messages between you and Miss mcab Ali I don't remember okay so you're not saying he didn't you're just saying again you just don't remember correct okay and this was again this was just a month ago around a month correct could have been sooner than a month let me ask that a different way could have been more recently than a month I don't I don't know don't know that either is that no yeah no so Mr Albert you have to answer yes or no not just uh all right sorry where were you when this meeting a month ago took place at the DA's office on on shamit road who contacted you to come to the DA's office I do not remember that don't remember that either no phone call from Mr L maybe I don't believe that I received a phone call maybe my lawyer did or my father but I don't know I don't believe so if your father received a phone call and then told you you need to go to the DA's office to meet Mr L that would be a conversation with your dad about your preparation for your testimony corre I wouldn't say so no you would categorize that as such no okay because of course even though you went to the DA's office to meet Mr L and a sergeant from the Massachusetts State Police to talk about your testimony you didn't mention that to your dad no you didn't mention that to your mom no and when you got done with that meeting Dad didn't ask you how'd it go son nope your mom didn't say how was that meeting no about this massive murder case jaction let me ask you a different way do you consider this to be a high-profile murder case objection Stained on relevancy asked it to in your mind this is an important case correct obviously correct but according to you just never comes up in the Albert household no okay you were asked to look at a couple of text messages yesterday looked a little bit like this have you seen that before yes when did you see that before yesterday before yesterday had you ever seen that before on my phone yeah okay other than on your phone when you made the screenshot did you ever seen that before Mr L ever show it to you not that I remember no so you two didn't discuss that in your meeting a month or less ago I we could have I don't I don't remember but again you don't remember M that no no um did Mr L tell you why he wanted to question you about those text messages I don't remember did Mr L tell you anything about what you might be asked on Cross exam no we ask you about any videos that you've ever posted no we ask you about any comments you've ever made online nope any photos you've ever been in no fights you've ever been in nope who's Courtney Proctor my um my she's friendly with my aunt jilan I'm sorry my aunt Jillian she's friendly with when you say friendly with uh describe that what do you mean by friendly with I just I know that they're F they're pretty pretty friendly have you ever been to Courtney Proctor's home yes how many times would you say over the years four or five maybe her family is close to your family it's fair to say not not that close close though um when you say not that close but close though what does that mean I'd say we were more close when I was younger not when I got older okay uh how old are you now you're 20 correct um May I approach okay I have a photo I'd like to show Mr L first man yes thank you take a look at that photo and tell me if you recognize it just look at it to yourself please let me know if you after you studied it for a second yep you recognize the photo yes who's in that photo objection so the objection sustained as to the content of the photo did you want to come to Sagar explain this to e e thank you Mr Albert uh approximately when was that photograph taken objection we can get that but we answer that question 10 years or less ago I'd say I don't uh you were the ring bearer in courton Crocker's wedding were you not J I'll allow that correct So when you say we're friendly but not that or we're close rather but not that close you were actually close enough to be a member of her wedding party when she was married to her now husband correct when I was younger correct well of course it was when you were younger it was 10 years ago MH is that yes yeah that's my question so for at least a decade your family and the Proctor family has been close enough such that you and Albert were in her wedding correct jackon ask that differently Mr Jackson for the last well at least at that time 10 years ago your family was close enough to the Proctor family such that you were a r Bearer in Courtney Proctor's wedding right correct and who's Courtney Proctor's brother Michael Proctor and is Michael Proctor in the photograph that you're looking at yes person on the far left correct looks like he's in a tuxedo correct you were also in a tuxedo objection sustained what I'm getting at is you all were part of the same wedding party correct correct and that's a photograph of Courtney Proctor's wedding and the the entire wedding party correct objection sustained is that a photograph of a wedding party objection sustained you want our may we approach yes e yes thank you Robert I want you to look at that one more time um both you and Michael Proctor are depicted in the photograph correct correct how long have you known Michael Proctor since I was a little kid and you've known him uh well enough to know I don't want you to tell me or tell the jurors but you know where he lives yeah um you consider the Proctor family close to your family yeah during the course of for instance just as an example during the course of the this event joyous event at the at a wedding you actually sat at the head table along with the proor family because you were given the honor of being a ring bear in Courtney's wedding correct correct and you know of course that that is a being a wedding party is reserved for most special family members and Friends correct jaction assistant in your mind was that a special honor objection is that what you thought when you were little when you were in that I'd say so yeah okay and you were never interviewed by Canton Police Department in connection with this case correct no how many times were you interviewed by the Massachusetts State Police in connection with this case once and that was in July of 2023 correct I don't remember exactly when it was about a year and a half after the events in question is that right around there okay uh would it refresh your recollection if you saw a copy of a report of that interview just to get the date sure yeah may I appr on yes I may have just a moment yes a look at paragraph one it's in the middle of the paragraph if you'll just read that to yourself please got that yeah you saw the July 18 date yes 2023 yes does that refresh your recollection that that was the first time you were interviewed by the massachusett state Poli correct may I approach yes thank [Music] you who conducted that interview Michael Proctor and one of his Partners I believe I don't remember Michael Pro was the lead investigator thatw correct correct that's the same Michael proor that appears on the far left of the photo of that wedding party correct correct did you find that that interview by the way how long did the interview last Michael Pro I do not remember do you remember testifying at one point that it was about 10 minutes no um you testified at a at a different hearing a different proceeding not this proceeding one other time correct correct I may have just moment yes may I approach yes I need a foundational question first I apologize it's my fault Mr Albert uh do you believe it would refresh your recollection as to the length of that first interview if you were to see your testimony from a prior proceeding yeah may I appr take a look at this and I'm going to direct your attention to line 18 and 19 of that transcript I know when that yes yeah may I yes does that refresh your recollection yes how long was that interview which interview are you the interview that you had with Michael proor that's what that question was about that you just read I I still don't remember you recall that it says you testified interjection sustain where his memory is not refreshed you can do this differently you know that did you did this refresh your recollection as to the question and answer how you answered the question how long that interview lasted yes okay did you say 10 minutes yes so during the course of that 10-minute conversation that you had with Michael Proctor what was the tone of that interview you understand what I mean by Tone I do not understand okay was it hostile and accusatory not that I remember no was it antagonistic or confrontational can you use different words please sure was he being mean no okay he was being nice right professional I'd say yeah because you've known him almost your whole life right yes uh he was friendly and cordial correct and the interview was comfortable say it again the interview was comfortable correct you didn't feel like you were on the hot seat no did you find that the interview with Michael Proctor was consistent with the relationship that you've had with him your whole life meaning he's always been friendly to you he was just as friendly in that conversation not really now uh how is he different I'd say more professional okay uh obviously he was doing a job correct correct but when you walked in you recognized him yes he recognized you yes you made natural greetings with one another correct correct questioned you about a few things correct he didn't look at your phone he didn't ask to take your phone away from you no he didn't ask to seize your phone or seize any other physical items from you no you weren't asked to come down to the police station and sit in an interview room or an interrogation room were you no matter fact where would the where did the conversation take place those 10 minutes in the DA's office on shamut Road DA's office on shamut Road who else was there other than uh Trooper Proctor and his partner at the time Trooper clar uh can you can you ref who else was there was it just Trooper Proctor Michael Proctor and Clark yes okay so it's just the three yes and triple Proctor was the one was sort of leading the conversation yes and when it was done he said you're free to go correct and he didn't take your phone nope he didn't ask you to look at any text messages nope he didn't look through your phone nope he didn't take any screenshots or videos of of your phone of the contents of your phone nope just let you walk out the door correct you may I publish the photo why don't you come over here for just one second do I have that please may I inquire you yes thank you Mr Albert uh I want to shift gears for a quick second on July 27th uh you and your attorney appeared at a hearing in a separate proceeding correct I don't I don't let me let me ask you in a different way you testified a different proceeding not this trial but a different proceeding correct okay you're put under oath you appeared with your lawyer you were you gave testimony and that's part of what you looked at a second correct okay um but when you met with Michael Proctor you did not feel the need to take an attorney with you is just you Michael Proctor and investigator Clark correct objection that's sustained you were asked yesterday about certain texts with your cousin Ally correct correct um Ally is obviously family yes but she's more than family she's also a good friend of yours correct as a matter of fact she's one of your best friends correct uh and at your age this is not meant to be pajor but we're different Generations is at your age your most convenient way of communicating is through text messages correct correct I mean if you're going to grab a buddy say let's meet at the such and such ball field or whatever you're going to text him probably not call him either or okay but texting is pretty common between you and your friends yes texting is certainly common between you and Al we've already seen evidence of that right yes um and that's generally how you like to communicate with Al I'd say so yeah in fact um when you reached out to or for a ride uh there were like eight text messages back and forth just just for a pickup correct correct just your sure may I approach yes a copy of 81 I just want you to have that in front of you your honor with the Court's permission place um exhibit 81 uh on the screen okay apprach ELO okay is there an objection to that no you're AR all right may I have that back I thought you meant approach over here do you want the Commonwealth to pull it Mr Jackson do you want the Commonwealth to pull it up for you you'd be happy to you H it's fine yeah that' be great thank you Miss Gilman yes okay uh you see what's displayed on the screen yes it's only part of the the text string but does that look like it's a accurate representation of what you're looking at yes and this is a series of texts uh honor about January 28th and 29th of 2022 is that right yes and Mr Albert you needed something as simple as a as a ride you're just asking Ally to give you a ride is that right yes and that's because you said that uh it's common for you guys to text back and forth you just texted or hey you can get me now is that right yes and then you texted if it's easier and then she said okay I'm dropping people off and there was an exchange back and forth is that right yeah and there were at least eight texts between the two of you if you just count them up real quick just about getting picked up yeah but if you scroll down a little bit after the end of that text train that ends at 1210 a.m. and it says okay you see the next date yes what date is that February 20th that's nearly a month later correct correct so there was a gap after January 29th 2022 when you found out that a man had ended up dead on your uncle's lawn and you and Ally did not text each other for a month not once objection sustained is to that form ask it differently isn't it true that on January 29th later in the day you found out about John O'Keefe and his condition the fact that he died jaction is that true did you find out that day yes okay so you were well aware of the uh we can take that down you were well aware Mr Albert that something very tragic had happened happened at your uncle's house Ryan Albert's house right correct and you were aware that you had been at your uncle's house that night right correct you're also aware that according to you Ali mccab was the one that picked you up and took you from that location correct and not withstanding the fact of this tragedy you and Ally didn't text each other one time for a month is that right I don't think that's correct so where are those texts we text on other platforms too so I'd say other apps so is there a reason why you decided for the next month to just switch platforms to maybe Snapchat Jackson I'll allow it no reason are you sure that you switch platforms I'd say so yeah why did you switch platforms we go back and forth I'd say between platforms texting you switch platforms because you know that Snapchat deletes all Communications correct Jackson ask it differently Mr Jackson do you know that Snapchat has an auto delete function on it if your app is set to that yes your app was set to that wasn't it I do do not remember that so again your memory is failing can you rephrase that sure once again your memory is failing you remember jaction ask it differently Mr Jackson isn't it true Mr Albert that you either switch platforms or deleted the texts because you did not want your text Communications with Ali to be discovered objection overruled is that right that's not true so where are those Communications I do not know can't produce them right now can you I'm not sure so in the days hours and days and weeks following the death of John o' your Communications with your best friend Ally the person who gave you a ride home that night they're just gone right I'm not sure you testify that you provided exhibit 81 what we're just looking at and you're still looking at in front of you as a screenshot of your Communications on January 29th 2022 with Ali McCay correct it was a screenshot you say that again sorry you provided that item as a screenshot not as an actual text to law enforcement is that right I don't I don't believe so okay do you know what a screenshot is yes what's a screenshot when you take a picture on your phone that's a picture from your phone yes okay so it is a screenshot yes it is a screenshot okay that's my question um when you met with Michael Proctor in that interview that lasted 10 minutes Michael Proctor did not get the actual texts underlying that screenshot did he no he never looked for those actual texts did he no he never asked you for those actual texts did he no and you never volunteered to give him those actual texts did you I think I think I volunteered to yeah on that day oh no not on that day no not on that day you know what a phone extraction is not familiar okay uh have you ever heard of a phone Imaging or a phone extraction or a forensic extraction any of those words sound familiar not really no Michael Proctor never asked you I think it's fair to say now given that answer Michael Proctor never asked you if he could do a phone extraction of your cell phone didd he no he never asked if he could take a forensic image of your phone did he no do you know what metadata is nope you know the dates and times you take a phot photo on your phone sometimes well not sometimes all the time it'll capture the date and time of the photo you know that objection I'll hear this answer and it may end your inquiry do you know that pretty sure pretty sure I do yeah have you ever heard of that data those the dates and times and geolocations have you ever heard of that referred to as metadata no okay so I'll just use the word date and time okay um you know that on your phone if you pull up a text you can go behind the text and see the date and time that it was actually sent or received right yeah but on a screenshot you're left with just what's on the screen you can't go behind the screenshot right yeah okay you provided just the screenshot ultimately not the actual texts correct correct but in September of 2023 Michael Proctor's partner a men by the name of Yuri bunck you know that name yeah he contacted you and said he wanted to talk about your text messages correct I don't remember do you remember that you told Yurick when he asked about the text messages you did not have the screenshot anymore you sent it to your father Chris I don't remember that do you recall telling your rebu Nick if he wanted to get the screenshot you weren't going to give it to him he'd have to get it from your D do not remember that you remember Trooper bunik agreeing with you and saying sure I'll just call your your dad and get it from him don't remember that you don't remember giving you certainly don't remember ever giving Trooper bunck uh a copy of your a copy of that screenshot no I don't remember because you didn't did you I do not remember but you did give it to your dad right I do not remember do you remember anything about this case Jackson your honor I'll withw to this day you've never been required to present your phone to any law enforcement agent have you nope it was never imaged it was never downloaded nope you still have the same phone yes if you had the actual texts on your phone why did you provide law enforcement with just a screenshot objection I'll allow that I'm not sure you were showing a photo yesterday of you in February of 2022 with your aunt remember that photo Mr La showed you that photo correct and he said he wanted you to pay special attention to your face and hands and extremities asked you if there was anything unusual about that yes you said no in that photo absolutely nothing unusual in February 2022 about you your face your hands fists nothing right correct I want to draw your attention to February 26th same month less than a month after the incident you were at a place called finway Johnny's with your buddies weren't you correct you I have two documents I'd like to mark for identification with the court permission show Mr L okay n f thank you okay I present these to the yes may we approach I may as well see them I'll end up seeing them so you're putting it in evidence before you display it so do you recogn uh those two set those two documents yes um taking a look at the one that's got multiple documents on it I don't want you to tell me what's on it just tell me if you recognize the picture that's in the middle to the right yes okay and then looking at the second document which I believe is Mark E for identification at this point does that appear to be a true and accurate enlargement of the first thumbnail yes and those were taken on February that photo was taken on February 26 2022 yes at the place called I think it's called finway johnes right correct okay U may I publish the put it into evidence first move for the admission of just e so you need to get it to the court reporter may I I'm sorry just FF may I approach yes e or FF let me have FF okay give it to Madam court reporter to put the exhibit on number on it yes do you see that photograph that's uh being displayed yes are you in that photograph yes which person are you in the middle um and about what time of day was it that's you in the middle correct okay about what time of day was this taken not sure uh was it at a an event of some sort or just you were at a bar just at a bar okay I want you to take a look at your right hand can you see from there uh clearly your right hand yes what do you notice about your right hand it's cut up your knuckles are injured correct correct now you didn't take this photo did you nope that photo was never on your phone in other words it wasn't a friend of yours that took the photo corre this was taken by an event staff member is that right correct it was later posted on social media isn't that right correct you could not access the the metadata you couldn't access the time and date of that photo correct I'm not sure what you mean by that you couldn't manipulate the time or date this photo was taken no this photo is completely sort of out of your control isn't that right correct and it was controlled by the event staff at finway Johnny's correct and on February 26th less than a month after the incident at Fairview that's what your right knuckles look like correct correct and this is a true and accurate depiction of the your condition on about February 26th correct correct how'd you get those injuries I was um at a party my a house party my senior year and it was I remember it being icy out and I was it was like a was kind of like a steep hill of a driveway and I was walking up the driveway and I slipped down the driveway and I tried to catch myself but I had something in my left hand so I tried to uh brace myself with my right hand and I ended up sliding a little bit down the driveway what did you have in your left hand uh if I remember it was either my phone or or beverage so according to you you fell on ice and injured your knuckles as we just saw in that photograph right across the top of your knuckles correct so you fell onto what pavement asphalt yes and you braced yourself when you fell your entire body weight by putting your right hand down in a fist and you injured your right fist just the top of the knuckles on your right fist when you fell down correct seriously injection you're on sustained you put your palms down when you fell no fell your entire body weight on your right Fist and just injur the toption of your Knuck correct correct those injuries to your knuckles look an awful lot like the type of injuries that you would get in a jack suain you ever been in a fight sir other than when my brothers no you've never been in a fight nope your entire life other than with my brothers no never hurt your knuckles before not sure what you mean never hurt your knuckles in a fight no and in this case when you fell down on the asphalt it was only the top four Knuckles of your right hand correct correct you right-handed or left-handed right-handed the Box nope I'm sorry you you don't box nope you've never boxed never you ever practice boxing I've hit the bag for like cardio but other than that no when you hit the bag is that considered boxing I wouldn't say so not not it's not J rope is it Mr Albert no it's not doing curls nope not doing push-ups or calisthenics nope it's hitting a bag correct yeah that's boxing right I'd say yeah yeah when you when that photograph was taken at thway Johnny's those knuckles look like they had been reinjured from a prior injury no no just falling on the asphalt correct any other Cuts or scrapes from that terrible fall on the asphalt jaction you're on I'll rephrase it any other Cuts or scrapes or injuries from that fall I don't remember just your right Knuckles yeah said you've never been in a fight before nope did you post a video you threatened that you're going to jaction your honor the the the objection sustained I'll see you at sideb on this I familiar with this you stay right where you are um we're going to see a couple of short videos and then um Mr Jackson will ask you questions and then Mr will ask your questions then I then I'll hear from the lawyers and then I'll take a break and you'll get a break before we go back okay um did you have a lawyer present no I do not okay all right so the first one are they both on the same yeah they're separate separated all right so let's mark let's mark them each for identification the the one I'm holding in my right hand bring it up I'll call it Advantage the one in my left hand with the Court's permission this is I'll call this Bang Bang all right thank you all right so play GG first please boys I will beat all your asses I promise you I'll [ __ ] you all [Music] P up [ __ ] okay and the next one please [Music] may I inquire your honor yes I'm going to take the those two videos one at a time I'm going to call one the advantage Bo and one the bang B uh for purposes of my questioning Mr Albert uh specifically as to as regarding the U the advantage Bo video did you recognize it yes how did you recognize it what do you what do you mean by that how do you recognize it is that you yes okay when was that taken maybe my sophomore year in high school around where were you don't remember say your sophomore year in high school that's about three or four years ago yeah around around you indicated on cross- examination you've never been in a fight no indicating that you're you have no violent tendencies no violent nope what were you saying on that video that I would be beat them up did you say you would beat them up or did you say I will [ __ ] you up I said I will F you up no you didn't say I will F you up what did you actually say that I would [ __ ] them up you also said something about beating somebody's ass right correct what did that mean that I would beat them up so when you said I will [ __ ] you up and I will beat your ass was that a friendly invitation no that was a threat correct I don't know if I would call it a threat don't I'm not sure someone walks up to you I'm not going to do it but if someone did walked up to you and said I will [ __ ] you up I will beat your ass you wouldn't take that as a threat if they walked up to me yeah ah but if they didn't walk up and just shouted across the street stood there and said I will [ __ ] you up I will beat your ass that's not a threat I'm not sure yeah I think you are sure sir all right so that I'll strike at the commonweal standing up and objecting were you threatening these Advantage boys guys whoever they are yeah kind of were you threatening them with violence kind of yeah yeah um in the second video you said [ __ ] you a number of times and then you said KO you said pull up Ko bang bang right correct explain that to me not sure like explain what I said is that a threat yeah pull up [ __ ] right yeah who are you talking to those same Advantage kids got it so you're threatening him yet again a second time yeah what does pull up mean like come by yeah meaning get over here right yep because when you do I'm going to [ __ ] you up right yeah meaning I'm going to fight you and I'm going to put you down correct correct that was your threat to them correct can we get a time on this second one of course when was the the second one the the bang bang threat made before or after the advantage voice I'm not sure after might have been this same night I'm I really don't know well you're just completely differently so it's probably not the same night you would agree with that unless I CH I could have changed my shirt I do that often okay uh so you changed your shirt on the same night you just decided to threaten the guys twice is that what you're saying maybe you're not sure I'm not sure was it around the same time frame around yeah all right um the fact of the matter is Mr Albert you do like to fight don't you nope the fact of the matter is you showed up at another hearing at another proceeding to testify and you showed up with busted Knuckles then too didn't you I do not remember July 27th 2023 do you remember being at another hearing yes you remember being questioned by some attorneys yes you remember the question about the condition of your fist literally at the hearing yeah it was obvious to the person that was questioning you that you had an injury to your fist correct jaction well that that's a St I'll rephrase that my apologies your honor you were asked questions by the questioner about the condition the physical condition of your fist weren't you correct and you claimed at that time well let me back up for a second ask a different question they were asking because you had open injuries on your right Knuckles yet again didn't you correct you said no I must have been H heavy hitting a heavy bag right yeah boxing again hit in the bag yeah just working out right yep didn't have any injuries on your left hand though did you no how many times have you hit a heavy bag not sure how many times have you worked out with a heavy bag that's an unfair question I'll ask a better how many times you worked out on a heavy bag not sure when you work out on a heavy bag you wrap your hands don't you I do not know I see so only your right hand gets injured over and over and over and over again not your left hand I'm not sure even though you're punching the bag with both hands I'm not sure yet again you're right handed aren't you yes so when you throw a hay maker your hardest punch that's with your right fist right jaction I'll allow it that right I would say they got they have equal they're equal I don't know not sure all right Mr L thank youor Mr Albert um when those videos made you were sophomore in high school is that right around that yeah how old were you when you were sophomore in high school 16 16 years old and so that would have been at least a couple years before January 2022 correct yeah and uh as far as um within those videos um well as far as timing so those videos were around the same time both sort of same time period within your sophomore year correct and uh relatively close to each other is that correct correct and who or what is an advantage it's a club hockey team and uh what if any relationship did you have with that club hockey team none and so as far as what videos you were made and sending were there any videos from that group that were made in sent to you uh te text messages and with regard to those text messages generally speaking what do they say just name calling me and my friends calling us like [ __ ] and stuff like that so this was sort of a back and forth is that correct correct and do you even play hockey nope um and with these people around your age at that time yeah and were they kids from the same town or different I I don't even know where they're from did you even really know these kids or what their names were or anything like that not at all and was there ever any sort of um physical fight or any even a physical interaction with these other kids never did you ever even meet them face to face never and with regard to Mr o'keith your neighbor who lived at the top of the street when you lived at seven Meadows you ever threaten him never he ever threaten you never you ever have any sort of back and forth exchange similar to to what was up on the screen never I have nothing further okay you very briefly you indicated Mr Albert that this was your sophomore you in high school school but you were asked that exact same question under oath uh the time frame of these videos uh in that other hearing weren't you I believe so yes you indicated under oath in that hearing that it looked like it was your junior or senior year in high school correct maybe I'm not I'm not sure sure exactly what I said your senior year would have been what year sir 2022 2122 correct they have yes that's all I have this time thank all right I will hear you you want if we can make the argument outside the prescy witness yes I'm sorry I'm going to ask you to step out of the okay so let's wait a minute G thank you thank you yes thank you Mr Albert um before we took a break uh you had mentioned that you've never been in a fight correct um you stand by that testimony correct I'd like you to take a look at a video it's been marked for sorry it's it's evidence number 86 I'm going to play this short video for you then I'm ask you a couple questions your EV boys I will beat all your asses I promise you I will [ __ ] you all up P up [ __ ] did you recogniz what was depicted in that video yes who was that me approximately when was that video taken around my sophomore year in high school sophomore year or senior year in high school say around my sophomore year in high school why do you say your sophomore year when you previous well let me ask it a different way did you previously testify at a different Hearing in back in July of 2023 yes you were asked about this video weren't you yes you asked about another videos at the same time correct correct and in that hearing you said you believe that was taken closer to your junior year or senior year in high school correct correct that was under the oath correct same o that you took here correct closer in time to the events in question and at that time you said your junior year or senior year in high school correct correct if it was your senior year in high school what year would that have been 2122 so 2021 2022 going into 2022 correct yeah the same year that sh Keith passed away correct what did you mean by I'm going to [ __ ] you up that I was going to beat them up actually you didn't say beat them up you said I'm going to beat your ass didn't you yes that was a threat wasn't it yes there was a threat uh directed at some other individuals with which you have with whom you had some sort of a a beef for a problem correct and your resolution of that problem is I'm going to [ __ ] you up I'm going to beat your ass right correct but you've never been in a fight never you honor with the courts permission could we play evidence number 87 yes [ __ ] [Music] you what may I inquire yes Mr Albert who was that in that video me was that taken around the same time yes you indicated you're a [ __ ] bro right correct was that a thre yes more of an insult yeah more of an insult calling someone out yep making him feel bad yeah prompting him to maybe Bight Jack your arm yeah I'll ask that question differently Mr Jackson also called him a [ __ ] didn't you correct derogatory comment correct and then you said KO bang bang right correct KO me knockout and what does bang bang mean I'm not sure honestly you were just talking about knocking somebody out correct and the bang bang just sort of flow exactly was that a threat yes and these threats that we've just talked about that we've just seen these are threats of physical violence right correct you're not threatening to hurt their feelings or send them a mean text right no you're threatening to kick their ass right correct to get physical right yes to ball up your fists and beat the [ __ ] out of them Jackson can you answer that will you answer that please yeah can you repeat the question probably shouldn't you were threatening to ball up your fist and beat the heck out objection I'll allow it is that what you were threatening to do yes when you testified in a separate proceeding in July 2023 you actually showed up for questioning live correct yes and you showed up at the time in July of 2023 with your knuckles busted up again didn't you correct and you were asked about your knuckles at that time correct correct and that time you said oh no I didn't fall down on black ice and and slip and break my fall with my Knuckles like you said here you said I hit a heavy bag and busted my Knuckles up on a heavy bag right correct so that heavy bag was you practicing boxing right it was me getting cardio yes which is in a form of fighting in a form yeah punching a b yep that's how you choose to do your cardio sometimes and you're right-handed yes and it was your right hand that was busted up correct so when you throw your hardest punch that's with your right hand isn't it I'd say I'm not sure I'd say they're equal you're equally strong with both hands I'd say so so in your words you could [ __ ] somebody up with either hand right jaction your arm you answer that no I'm not saying that that's all I have okay Mr L thank you just before I begin may we approach okay yes Mr Albert just to be clear Ali mccab is not your cousin correct correct she's a friend of yours who you have relatives in common is that correct correct now when you and I and other individuals met uh prior to your testimony in this case it was just one time is that correct correct and did we talk about something called sequestration not that I remember no did we talk about having conversations with other Witnesses while the case was pending or going on no now you testified when you were asked on Cross examination that you haven't had any conversations with any other Witnesses haven't watched any coverage you haven't done any correct correct was that a my instruction no is that something that you've done at any point time as far as talking to any other Witnesses including your parents no now you were asked some questions on Cross examination about uh your family's relationship sort of with the the Proctor family correct correct and taking the Proctor family as it was put as sort of an entity what I'm going to ask you about is is purely about Trooper Michael Pro um how how many times have you seen him in your life maybe five six times and when when about would those be and and what would the nature of those interactions other than when I got interviewed um last time with Trooper Proctor and one of his Partners other than that haven't really I didn't see him for years I want to say since I was a young kid and when you were a young kid just so were clear as far as young how young is maybe saw I could have seen him at like a football game or something but other than that like pretty young like 12 11 13 years old and where about or what was the context in which you would have seen was it you and him together or was it a group setting family how how would you have come into contact we went we've been over um the grand the grandmother's house a couple times but that's pretty much the only time I would see him now um as far as the photograph that you were shown as far as a wedding was concerned you were a ring bearer in that wedding correct and uh that was over 10 years ago you said yes but how old would you have been in that particular photograph or in that particular w if I had to guess eight or nine maybe around there do you have any independent memory of that wedding or anything about that wedding none and as far as your family being close again sort of the Proctor family as an entity is your family close with all of the Proctors or is your family close with Courtney Proctor or is your family close Michael Proctor mostly just like my aunt and my mom's friendly with Courtney I'd say not really close with Michael there are some questions about the text messages uh that that were up on the screen yesterday and up on the screen today uh as far as sort of gap between January 28th in February is that correct correct now you indicated that um there were other means by which you would have communicated with your friend Ali mccave is that correct correct is that consistent with is that only Ali M or is that consistent with other friends that you would communicate with all my friends so you would sort of switch between call text Snapchat other apps things like that exactly and um the top of that screen was uh the text messages regarding picking you up from 34 barview on January 28th or 29th correct correct you have any idea when the last time was uh the text before that was it days weeks months not sure that period of sort of thank you yeah that period of sort of uh January 28th into February is that you how would you characterize that is is is that a normal gap between times that you would have text Communications with Al on iMessage yeah I would say so yeah and from photographs that you were shown uh yesterday during your direct examination when I was asking you questions um those were photographs from February 11th of 2022 correct correct and miss m was president at the house for your cousin Jack coming home from the Marine Corps as well correct so you saw her on February 11th correct yes now the other photographs that you were shown today at some sort of uh bar or establishments uh were those taken before or after uh the time at your uncle's house when your cousin Jack came home from the Rings after and after by days weeks if you know weeks now with regard to um questions you were asked about injuries to to your hands um those are two separate incidents one in February when you slipped on ice is that correct correct and one in July when you had uh struck a heavy bag correct correct and when you struck a heavy bag and got sort of injuries on your hands uh were you wearing anything on your hand when you hit the heavy bag nothing nope have you received any sort of training in boxing taking classes anything like that never was something you do as part of your workout correct correct you're an athlete correct I'd like to say so yeah you played Sports in high school correct yeah and at least said the beginning of college you played Sports in College correct correct now you were asked about things about that February 26 photo at uh was Fenway Johnny's is that where it was correct and uh you were asked about control over the photograph correct say that again you were asked different questions about your control over what you could do or alter with respect to the photograph correct yes correct ultimately though you were in control about whether or not you were photographed correct yes nobody forced you to go up and pose with your friends or anything like that nope now as far as those uh videos you were just shown um how old were you around 16 I'd say around 16 years old um so you believe it was sometime in your soping year high school yes that's what I believe and so that would have been a couple years before um your senior year High School uh which you were in in January 2022 correct correct and this video as far as uh you recall who you were referencing in those videos um in in Advantage Club hockey team so a club hockey team were they about the same age as you yes and did you know any of those people nope and uh were they the club hockey team was that within the same town as you were I'm not sure you did you play hockey nope at any point in time in high school never and um was this just you sending the videos or was this some sort of argument or something going back and forth it was an argument going back and forth so what if anything did you or any of your friends receive in regard to from from that club hockey team uh we received texts like being name called like calling [ __ ] and words like that so uh do you recall which came first as far as the text or the video I do not recall but Sim the text message that you received from this this club hockey team were they similar in nature to the videos that you posted correct you call what the argument was about with this other group of kids uh from this club hockey team yeah um it was the girls in our friend group a couple of the girls in our friend group like hung out with them a few times so like my all my guy friends got a little salty about it so that's why we kind of send videos back and forth but you were teenage kids arguing about girls correct exactly and at any point in time did your friend group and this club hockey team ever meet up at all never any sort of physical altercation or anything like that nope indicated that you've never really been in a fight SE for with your brothers correct correct and when you would get in a fight with your brothers how old were you then younger I'd say yeah younger younger like as young as you were when you were ring bearer in somebody's wedding yeah now with regard to John o'keef uh your neighbor who lives a couple doors down um you ever threaten John o'keef never John o' Keef ever threaten you never you ever getting an argument about girls nope any animus or any conflict that you can recall ever between yourself and Mr O never now you were asked uh some questions on Cross examination regarding um whether or not you've been thinking about this case uh for the last two and a half years you recall that yes and you indicated that you would not correct correct sorry and uh you would indicate it in your testimony in response to that questioning uh essentially not until people were writing things about you on the internet correct correct you found upon that can you explain to the jury sort of um when that occurred and and what were the things that were being written about you on um I'd say about a year a year a little over a year it started when um people on Twitter Instagram social media were just coming at my family calling us murderers harassing us showing up to our door steps our sports games I mean we couldn't we couldn't leave the house without people taking pictures of and it's very terrible and how long has that gone on for the past year and change a couple months past year and a couple months i' say to be clear that night that you were at 34 Fairview Road at your uncle's house January 28th into the 29th at any point in time did you see John o'keef at that house come into that house around that house at any point in time that you live never nothing than okay all right Mr Albert you all