all right Mr L whenever you're ready thank you good morning good morning could you uh please state your name and spell your last name my name is Nicole Albert a lb r t and uh where do you live uh nor and about how long have you lived in nor about a year and prior to uh moving to nor where did you live where did you live prior Canton uh how long had you lived in my whole [Music] life now the specific address uh where did you live in campon prior to you moved to nor 34 Fe of VI Road and uh how long did you live at that house about 12 years and are you married man MH yes what's your husband's Brian Albert uh does he work he's retired from the Boston police about how long was he Bost about 30 years and do you have children yes we have five um and how old are your five children uh my oldest daughter is 28 and then I have a son who's 25 I have another son who's actually 23 today um and then I have twins a boy and a girl who are 20 and your oldest daughter what's her name Caitlyn your oldest son what is his name Brian Jr and Brian Jr does he live with you now [Music] um your other children do they live with you as well um my oldest daughter lives um with her boyfriend in Easton and um my son Brendan lives with us he's just finishing up college so he's graduating this month from college so he's back with us um my twin daughter she's goes to college so she's home now for the summer but she has an apartment and Bridgewater and then my the twin boy is in the military and what which branch is you the Marine cor now um if I could turn your attention to January 28 2022 you recall that day and do you recall what day of the week that was the Friday and uh at the time of uh January 28th 2022 did you work yes I um I've been a part-time lunch lady for about nine years and you since retired is that correct I'm sorry you've since retired from that I haven't retired I just didn't go back this past year but and around that date of so January 28th 2022 what if any significance was the the next day of January 29th January 29th was my son Brian Junior's 23rd birthday and over the course of that week sort of leading up into the weekend what if any plans did you make with reference to uh your son of his birthday uh he had mentioned he was going to get together with some friends on the Saturday night the 29th for his birthday and I had said okay well um maybe Friday night if anyone's around any of our aunts uncles or anyone maybe we'll take you out you know just local for some apps and drinks or something and um coming up to that day of uh Friday the 28th what what if anything sort of changed refence those Point well they were um the forecast was saying a big snowstorm was coming in and it looked like it was going to be late Friday into all day Saturday so I had said to my son well obviously doesn't seem like anyone will be able to go out on Saturday night why don't you just do something with your friends Friday night and had you at that time already made some some plans with friends and and relatives in regards going out Friday yeah I had just mentioned to my daughter Caitlyn and my sister-in-law Julie and just said had mentioned it to them about possibly getting together Friday and just be clear for the record when you say your sister-in-law Julie how is she she sort of related to you she's my husband's brother Chris's wife and uh your husband has a number of sys correct yes he's the oldest of seven and uh yourself and and Julie Albert you guys are friends yes we're very close and so also just one last question sort of leading up through the course of that week where uh did your husband Brian go sort of last minute I believe it was Thursday of that week he went to New York for a funeral and you know who the funeral was in regard to it was for a New York police officer who had just been killed in the line of duty um and uh do you recall how he got there as far as how he went from from yor I believe he may have flown Thurday to New York and then the plan was to fly back Saturday but that changed with the weather and he ended up they didn't want to get stuck there so after the funeral Friday morning they they drove home a friend of his had driven so he got a ride back with them on Friday and only if you know but as far as that friend that he drove back with on on Friday do you know who that was the friend had who I believe had the truck there and drove is Brian Higgins and is that someone uh Mr Higgins that you were familiar with prior to uh that date in January yes he was a friend of my husband's now on that evening of the 28th uh can you explain to the jury sort of uh how it was that you you where did you uh decide to go with your your daughter and your sister-in-law um we just decided to go to Waterfall a local place place you know 5 10 minutes down the road from our house um my sister-in-law Julie picked me up at my house maybe 7:30 quarter of 8 and we went to the waterfall and I believe my daughter and her boyfriend Tristan were already inside at a table and when your sister Julie came to pick you up the house uh in addition to yourself and your your son Brian Junior with anyone else were W any of his friends there that I believe two girlfriends may have already had come and they were just sitting in the kitchen when I left and uh so you go out to the waterfall um when you get to the waterfall where within the establishment did you go um we came in walked in I believe to the left there was just some small tables and I think Caitlyn and Tristan were already sitting there so we sat down at the table and we ordered food and um just hung out for a little bit had food and some drinks and as far as uh drinks concerns uh do you recall sort of what you were drinking that night I was probably drinking white claw God bless you now later on uh in the evening um was there any sort of live entertainment there yes um after we ate my daughter's um boyfriend Tristan left shortly after because he was going to be going out shoveling working with um a plow guy so he was planed to go home and just sleep take a nap cuz he was going to have to get up like in the middle middle of the night to go out and do that so he had left so it was just me Julie and Caitlyn and at one point um the waitress had said oh band's going to be setting out where you're sitting can I move you so she just kind of moved us over to like a high top table and then after you were moved over to the high top table um with anyone else uh came in to to join um shortly after I believe my sister Jennifer and her husband Matt came in I had text at her just saying I was there if she was interested to come by I think she said she was somewhere else did I want to come there and I said well no I'm already situated the band's going to play I'm just going to stay here so she said okay maybe we'll come there so maybe nine is she came in with another couple I believe they had been at a basketball game their daughter's um basketball game so she came in with them and again just to be clear when you say your sister Jen and her her husband Matt what is their last name mcab and she's your younger sister is that correct yes now as far as um after they came in who if anyone else sort of came in and joined your group um shortly after that I believe Julie's husband Chris came in he worked up the street at his pizza shop so I believe um shortly after 9 9:30 he came down he came in um and then in the meantime my husband was you know getting close to being back to the area from driving back from New York so I had texted him and said hey me and Katie and whoever else are here if you want to come by and he was like oh I'm kind of tied it's been a long day and I just pushed him a little oh well Katie here you know just come she wants to see you so he's like all right maybe I'll pop in so um I believe after so it was Jenna Matt and the other couple and then Chris came in and then I believe maybe around 10 Brian came in and um after your husband Brian came in was there anybody else that came in and joined shortly after maybe 10:30 his friend Brian Higgins had come in so your husband Brian and Brian Higgins came in separately about a half hour apart I think so yes and following that uh who if anyone else uh came into the establishment and sort of joined your group at the um a little bit later I think approximately 11 John in with his girlfriend and when you say John who who is John John O'Keefe and how did you or did you know John o' prior to that night I didn't know him that well I think I had only met him once maybe twice through my sister um brief interaction I think when he first walked in actually I didn't recognize him I wasn't I think I said to someone oh who's that cuz they were kind of walking towards that table and they said oh you know it's join o' ke I said oh so um they came in and they just kind of went to the end of the table where like my sister Jennifer and Matt and Chris and Julie were because they know like knew them you know I had never met Karen and I'd only met John once or twice so they kind of just went to the other end of the table where Jenna matware who they know and Chris and Julie who John had been neighbors with for a couple years so they were all just kind of that end talking and probably pretty well understood but just to be clear as far as the sister that you knew of John through that was your sister that was there Jennifer Yes Jennifer um and as far you referenced his girlfriend um had you ever met his girlfriend before that night no um had you ever you would never met Karen Reed prior to that 19 as far as you recall no and um at any point in time um did you have any interaction or what if any interaction did you have with either Mr O or Mr uh at one point John walked by you know towards me and my sis my daughter at the table and said hey I'm going up to the B do you guys need a drink or anything and we said no thank you I think he then kind of stopped and spoke with my husband for a minute probably was asking him the same thing um then John went back up to the bar and then he went back down to you know where he hadd been standing and that was the only interaction I had with him and as far as your your understanding or your knowledge of real ke did you know what he did for a living yes and and what did he I knew he was a Bost Boston policeman and was he somebody if you know that that worked with your husband no I don't believe he ever work with my husband I don't believe they ever cross PA pass at work I think they were in different different areas of you know the job I'm fair to say Boston Police Department is a relatively large Department correct yeah it's like 3,000 now with reference uh to miss Reed what if any interaction did you have with her that night I had none I don't believe we spoke or we were introduced or anything I don't think we spoke at all now turning back to Mr O just for a second if you recall uh what if anything do you recall him to to be wearing as far as clothing was concerned during your interaction I believe he had a hat on some sort of just sweatshirt jeans and sneakers at any point time that you saw him or while he was talking to you did you see any sort of like winter jacket or big coat or anything like that no And as far as his clothing was concerned Did You observe it to have any sort of Tears in it or any dishevelment anything like that no And as far as his uh face concern or any sort of outward um part of this body Did You observe or what if anything did You observe with regard to injuries on him or anything like that nothing nothing like that now as far as your home uh was concerned was that somewhere that either Mr o'keef or Miss Reed had ever been to before no and over the course uh of the evening what if any discussion was there U that you heard or were a part of in regard to sort of what Chris was going to do or where to go after leaving the waterfall well after the band wrapped up I um was getting ready to leave and I just kind of leaned over to my sister Jennifer and said hey you know Brian Junior's at the house I think he's just has two friends there he's going to be turning 23 at midnight if on your way home and you wanted to swing say swing by and say happy birthday you you know if you want to do that come by and do that and she was like okay you know and then I was just kind of gathering up my stuff and I got ready to leave it may have been mentioned at the table but I had no idea you know if anyone else was interested in doing that or wanted to do it I had just said it to my sister and if anybody else had wanted to to join or come along would would that have been an issue oh no I would had no problem if anyone sitting with us had come as far as you knew you just communicated that to your sister Jennifer and and whatever happened after that happened yes and when you say sort of the band was wrapping up and and the bar sort of winding down is that correct yes about what time was that like 12:45 is um well what what time was it if you if you know about what time was it that you left the a little before 12 12ish and who if anyone left with it was me my daughter Caitlyn and my husband and um how did you get you how did you get from the waterfall back to your house on my husband drove the three of us back to faie Road and when you came outside of the waterfall and we sort of you know getting in your car and about to drive home what if anything did You observe as far as the weather or what was going on at that point it was just starting to snow a little nothing major just a little snowfall started coming down you could still sort of see the street and the black top yeah and again about how long a car ride is that generally speaking from the waterfall to your house 5 minutes seven minutes and as uh when you arrived at at your uh who if anyone was was there when you got there when we arrived and I came in my son was sitting there with his two friends and my nephew Colin who is Julie and Chris's son um he was there I kind of bumped into him when I walked in I didn't realize he was there I said oh hey you know what are you doing here and he said oh I just got by to see ran but I'm about to leave my ride's about to be here I said oh okay and um let me back up just for a minutes so when you when you arrive there your husband Brian driving where does he Park in relation to the house we pulled into the driveway and uh typically is there sort of a an order to it as far as where the cars go like his car versus your car versus any other car not really no recall on that evening which side of the driveway he pulled into the left believe it was in front of the left garage and um when you come into and and enter into the house when you were living there at for there was there uh how many doors are there sort of on the front of the house well there's a side door by the garage and then there's like a front door in the front of the house and uh is there any sort of particular Rhyme or Reason as to which door would be entering we usually use the side door you know initially I tried to I didn't like that cuz the side door walked right into the family room so I kind of like the other door you could walk into a foyer with you could take your shoes off stuff like that but eventually the people just didn't want to it was you know quicker to walk in the side door for the kids I guess so they would just go in the side door but I think that night because of the weather and it was wet out I think I went in the front door so I could walk into the foyer and take my shoes off or wipe my feet or whatever but some of the other people still may have gone in the side door and when you sort of come into that front door where you were going in to sort of take your shoes off in the foyer is that when you ran into your NE Colin yes and um about how old was was Colin around that time was 17 and um he mentioned that he had a ride did he give you any any indication as to who that ride was he didn't he didn't mention at that time who who the ride was and that sort of interaction that you had with Colin in your house prior to him leaving and walking now about how long a period of time is that couple minutes not even just a quick interaction um and then he left the home you didn't see him for the rest of the night no and then you come into the home and again I'm sorry who who was there sort of initially when you when you come so my son Brian and his two friends Julie and Sarah were just kind of sitting at um a kitchen table in like the dining room area of the kitchen did you could um explain to the jury sort of the the layout of of your home at Fairview so youve walked into a 4year and then where is kitchen related to that well if you walk in if you go to the right it's like an open doorway and that's kind of like the dining room part of the kitchen but then it extends to the back of the house where it's like an island and like the sink and the counters and the cabinets and all that so it's just like long so as far as the dining room in the kitchen is there any sort of like wall or structure no it's open in between the two of those things and then if I were to go sort of further back within that home Beyond uh the Kitchen in the dining room uh what's what's that examp well to the right there like the family room and is there anything as far as the wall can can you see into the family room you can it's like an opening yeah it's not completely open but there's an opening so if someone was standing in in the family room and you were standing in the kitchen you could see them converse with them that kind yes and when you come in and your your son Brian junor uh sitting around the table with uh two girls Sarah and Julie what what are they doing we're just sitting there was there any sort of music playing or anything like that going on um there may have been I'm not sure if there was music playing at that time but there might have been when you say at that time was there anything that happened later on well later on I do I remember that we had music connected to like a little speaker that we were playing yeah but at the when I first walked in I don't remember if they had music going or not and um you get back to the house and uh what is it that that you're doing sort of when you come back so I come in I assume I you know said happy birthday to my son said hello to his friends and then I just kind of went to the kitchen area and like they had ordered food and so I just did my usual thing I just was picking up um you know wasn't a huge mouse but I was just picking up the area cleaning probably check the bathroom to make sure that was clean um just my usual thing that I do just picking up around the house and I don't mean to minimize this in any way but you you basically you did the mom thing where you go around and start cleaning up correct yeah yep and um is that something that you did sort of continuously throughout the evening or yeah that's kind of what I do now after you arrived home who if anyone else uh um came came by your house well once we were there it was me and my daughter and my husband and Brian Higgins had come in and then it was um you know Brian and his two friends were already there and then my sister Jen and her husband Matt came in maybe like 12:1 15ish and so Mr Higgins did he come in around the same time as you or did he come after before yeah he came in the same time I mean he I think he might have pulled up to our house before us um but we got out of the car and went right into the house I assume he just came in you know basically around the same time do you have any idea sort of what Mr Higgins was was driving that night when he came to your house I believe it was a Jeep you have any idea where in reference to your house where Mr Higgins par I'm not sure I thought it was out on the curb facing up um f VI Maybe by our mailbox but it could have been in the driveway I'm just I'm not 100% sure not something you were particularly paying attention to no and uh at some point after you and your daughter and your husband and then Mr Higgins comes along about how long a period of time is it between your arrival in the home and then when uh Miss mcav and her husband called 15 minutes 20 minutes and as far as your nephew Colin when he had left was Miss mcav and her husband there yet no and when miss m and her husband come um where is it that um while you're at your house where is it that everybody sort of con uh they came in and they sat down at the kitchen table with Brian and his two friends and then I believe my daughter Caitlyn was sitting at the table as well and um back at your home after leaving the bar was there was there any drinking that was going on there afterward yeah and um about how long skip forward to a little bit people had left your home um about how long period of time was it that people from the time that you arrived back from the waterfall to the time that that people sort of left and you Clow down um by the time everyone left it was probably close to two and who was the last person that left my daughter Caitlyn and you know how it was that she left or who if anyone picked her up her boyfriend Tristan picked her up because like I said he was going to have to get up anyways overnight to do the the shoveling plowing thing so I think she didn't want to get stuck probably at our house for the next day so she had just said hey can okay um I'm going to end your answer there next question Mr L prior to your daughter Kate leaving um when who was the let me ask you this as far as people leaving from your house um what was sort of the order of of of how people left and when people left I believe Brian Higgins left first approximately 130ish um then Jennifer and Matt and the Brian's two friends left 12:45 1250 and then uh or 145 150 I'm sorry and then Caitlyn was probably closer to two and when your daughter Caitlyn left uh who if anyone was was left downstairs and and sort of awake between yourself and the other people that lived there just me so your son and your husband have both gone up the bed at that yes and at any point in time um so you mentioned that there were a number of people that were sort of around the table in the kitchen and is that yes yes sorry where uh where did anybody else go sort of around your house during that time um I know at one point um my husband and his friend Brian were in our family room uh so I kind of went in there and was talking to them we had some shelves on the wall that just had a bunch of pictures old pictures from our wedding or when Brian was in the Marine so we would just kind of look at them laughing talking about them we stood there for a little bit talking and then eventually we just moved into the kitchen area where everybody else was and to your knowledge had Mr Higgins been over to your house at any point for he may have been at our house for a graduation party but I wasn't sure if he had ever like been inside because the party was outside was a cook out so I don't know if he'd been in that part of my house now as far as the outside of your house uh at any point in time during the course of the evening uh did you hear anything unusual see anything unusual outside of your house I didn't at any point in time did you go were you of anybody coming to your house that that didn't come in I was only aware at one point I saw my son I think either looking out the window or at the door and his friend Julie went I maybe this she went out the side door and I said oh to Brian oh is Julie leaving and he said well no she had asked her brother for a ride objection on suain so no conversation and Mr so um Mr L is going to ask another question okay so you saw your your son's friend Julie go outside M okay and so that has to be yes or no okay sorry and at some point did you come back into the house yes and about how long was it if you know that she was outside before she came back in I don't think it was very long couple minutes and um over the course of the entire of the evening at any point did anybody else other than the people that you've talked about previously come into your house no and specifically John o'keith or Karen Reed that you saw at the bar earlier that night at any point in time on the evening of the 28th or the early morning of the 29 did either of those people come into your house no they never came into my home and at any point in time even on that evening or that early morning of the 29th were you aware that they were coming to your house I actually wasn't I didn't I think when I was in the other room with my husband and his friend um I had missed the conversations about Jennifer reaching out with John or her texting him and him texting her about where we lived I didn't even realize that that was happening that they had any intention to come let me ask you a little bit about sort of going back to the waterfall just for a brief moment over the course of of the your time there how would you describe sort of the the tone or or how was everybody at the waterfall it was fine it was a nice night it was nothing out of the usual just had a good time so nothing abnormal no arguments no fighting or anything like that no same question as it relates to back at your house now with 34 therap how would you describe sort of the atmosphere back then same thing we were just hanging out sitting around the house talking having a good time nothing crazy after your daughter uh Caitlyn gets picked up and and she leaves um what what if any how long did you stay up after that I think once she left I just did my final clean up of the kitchen and you know shut the lights and I went upstairs to bed and uh do you recall anything about locking the front door or any of the doors to your house before you went up to bed no is that something that you would always do typically do never do it was type of thing what we have kids everyone's coming in and out at different times like the last person in was supposed to lock it but then you know we changed the um door knobs and immediately the keys got lost it was just always a disaster with so a lot of times the door was just kind of left unlocked and when you went up to bed um you share a bedroom with your husband Brian correct yep and was he awake or asleep in he was awake he was just lying in bed watching TV um now as far as over the course of that uh evening after you come up to bed with your husband um do you recall anything about him talking to anyone on the phone or any phone conversations or anything like that I do not um at some point you fall asleep and then you wake up the next day is that right yes and turning your attention to later on that morning in the 29th uh so you had gone to bed about what time probably 2:30ish somewhere around there and it's a little unclear from my question but when you go up to your bedroom about what time is that about 2 2ish and so the 2:30 that you're talking about is that sort of when you fall asleep yeah sometime around there and um from that next morning how is it that you that you wake up next well at some point um between 6:00 and 6:30 that morning my sister Jennifer came bursting into my bedroom and [Music] um I'm bursting into your bedroom is that correct yes and what if any how can how would you describe your sister Jennifer and how was she sort of acting with that well she came in my husband and I just kind of sat up in bed and she's saying he's out in the snow we found him out in the snow we don't know if he's okay and my immediate thought was just that something had happened to one of my children something had happened to one of her children I couldn't imagine why she was in my bedroom at this time in the morning and I'm like Jennifer what are you talking about and she's like objection all right next question approach okay back up just for a second and I'll get back as far as um when your sister Jennifer comes into your bedroom do you know about what time that was between 600 and 6:30 and sure to say that's not a a normal occurrence no it's never happened before and if you could um just describe your sister Jennifer's uh demeanor when she first comes into newed she was hysterical and she said some things to you and then where did you go from there well I tried to ask her what was going on what what is she talking about and she told us objection no I'm going to allow that so she told us you know what had happened or what she had just witnessed outside and we were just trying to I trying to understand what she's saying like I said I didn't know if it was something that happened to one of her kids one of my kids and so I said Jennifer if I don't know what you're talking about so she finally was like well John John remember John from last night at the waterfall and I'm like you know what do you mean how could you be outside and she's like you got to get out the police are here and they want to talk to you so my husband and I got up I think I threw on a sweatshirt and we started to walk down the stairs as we walked down the stairs into that foyer area officer link was walking in the house and um so that front for year would have been the front door you were talking about before yeah and um when you get sort of down to the bottom of the stairs um is it just officer lank or there were any other officers with him it was just officer lank at that time and I kind of the door was halfway open I kind of pushed it open looked out and I saw like a Cruisers and a couple of guys you know standing out in the snow and I said Jennifer where's John now objection okay I'm going to ask you to move on Mr L the objection sustained as far as when you looked outside did you see any ambulance or fire truck or anything like that no I didn't see an ambulance I did see maybe two Cruisers I don't remember I don't remember if there was a fire truck there I don't think there was but I'm not sure and um as far as officer lank or any other officers these are officers with the c police is that correct yeah and um where did where did they go once you open the door so he came in the house and I believe around the same time Jennifer's husband Matt had come I assume she had called him or whatever so it was me Brian and Jenna Matt and he officer length said can you know can I come in can I talk to you guys and we said sure absolutely he came in we sat at the table and he was just kind of asking us all okay you know where were you last night your honor sustain next question please the table that you're talking about where where in the house did you talked on that same dining room area and um without regard to sort of content of the conversation but about how long a period of time did that conversation with the officer go on um I don't know 45 minutes maybe I'm not exactly sure um as far as how the conversation ended at any point during the conversation did yourself or or your sister or your husband or um did anyone ever sort of end the conversation or tell the officers to leave the home or anything like that no no and you welcome them inside once you realize what was going on yes absolutely and I believe another officer had come in as well now um after the officers leave from your home home um what happened then so I believe they left and said that someone would be in touch with us the state police or somebody um so they left and we were all just kind of sitting there in shock you know I'm I'm asking Jennifer like you know what happened how did you end up here like what's going on objection y sustain next question please y as far as May apprach just Bri okay and so miss Albert without any sort of specifics of of your conversation with Miss M you had a conversation with her is that correct yes and um about how long did that conversation go on for any with just her I mean we were all just kind of sitting around the table talking um and just to be clear when we say all who who is all at this it was me my husband and Jennifer and Matt and um at some point later on did did other people come over you yes at some point my friend Brian Higgins my husband's friend Brian Higgins came over and you know how he came to be at your house that morning I believe Brian called him to let him know I mean he had been with us the night before and think he had been friends with John and Karen so Brian thought he should let him know and uh do you know about what time that was or how long it was after the officers left that Mr Higgins came over um could have been 15 20 minutes I feel like he came somewhere around 7:38 and maybe the link had been done by 7:15 if he was around 630 I'm not really sure of specifics and um what happened then then we were all just still kind of sitting there um Carrie who is another person that was called that morning she had been at the hospital so she was kind of calling Jennifer giving updates as to what was happening with John so we were kind of waiting to hear how he was if he was okay um then around I don't know if it was 8 8:30 I had no noticed my sister-in-law Julie had pulled into the driveway and I saw her get out and she was putting a box of donuts in my son's car whose birthday it was cuz they had a bit between them where every year she did that she got them donuts and she would leave them for him so I saw her and I said to my husband oh objection okay not what you said to not what you said to your husband so wait for another question okay sorry that's okay SP to her husband and where did he go he went to the daughter cuz Julie was about to get back in her car and leave and I thought that she should be made aware of what was going on and uh so your husband goes to the door and at some point your sister-in-law Julie comes into the house yes and if you know about how long period was um Julie at your house initially that one um an hour or two I'm not sure if you're not sure you're not sure um so as far as people that were over your house that morning you have any idea sort of how long people were congregating around your house after that initial Miss McKay bursting into your um again it could have been between an hour and two and at some point um we mentioned that the C officers had indicated that you um may be spoken to at some subsequent Time by troopers from the state police correct yes yes and uh when was it that you if you know when was it in relation to this date that you spoke to any anybody from the St I wasn't interviewed for a couple days later and do you recall where you were in where you were when you were interviewed how was at my [Music] house now with reference to indicated that on the way back from the waterfall to your house of Fairview on on the night previous on the 28th and of the 29th if it just started to snow is that correct M yes now when you looked outside that will open the door for officer lank as he came into the house what if anything did You observe as as far as the weather and how would it changed in the well to me it was starting to look like blizzard conditions it was very windy it was snowing it was you know snow was starting to come down a lot now and it was probably a couple inches accumulated and it was you know now at any point in time over the course of that day on the 29th uh did you you yourself did you go outside uh from your house into the front yard the driveway or anywhere else I didn't and anyone else uh from your house other than the people coming and going um the people that live there that they did You observe them going out into the front of the house area no may I approach a witness yes M Albert I'm placing before you a series of eight photographs I just asked you to look at them review them and then just look up whenever you are these already in evidence they not okay and just to ask you ma'am in general in those photographs do you recognize what's in those photographs yes okay what do you recognize should be that's my front yard that that was your front yard when you lived at 34 fairv yes and what's contained in there is that a fair betrayal of around the time of of January 29th 2022 yes you want to con to seek to introduce admit any objection miss little no objection your honor thank you you're with courtmission first I just like to start with exhibit 58 on the screen [Music] okay and again m al would you recognize what's up on the screen there yes and what do you recognize at it was my home at the time and uh from this Photograph uh do you see uh that front door area where the foyer is and the side door area that you were talking about on your house yes if you could using the laser pointer in your hand just direct the jury's attention to where each of those are and take where they are that would be the very front door and then the side door is over here in between and as far as the sort of what's in the front uh portion of this uh photograph um do you recognize that as as if I'm standing and facing as as this photograph is your house where you live at 34 therap Road um what if anything you have as as sort of a a landmark or or an item that you observe in that sort of left area of the yard um flag pole is there a fire hydrant there as well yes and uh do you see anything as far as like a a box or something like that yeah I believe there was some electrical box that I don't think we ever actually knew what it what it was or what it did fair to say all the years that you lived there is not something that you utilized or even knew what it really did no now this particular area of the yard in its relation to the house was that a part of the yard that was was used or utilized by the family all that much when you live there no and that part of the yard where the fire hydr and flag hole that is how close is that to sort of the the next door neighbors uh abing of the property it's pretty close it's almost I would say on the you know close to the property line now as far as from the side of the road in between sort of the curving from the roadway and your front lawn there's nothing there as far as a sidewalk or anything like that is that correct right and and uh the curbing that's between sort of the roadway and the front lawn how would you describe that is it a sharp curb rounded curb was kind of a rounded rounded curb now um with reference to your driveway um you see that depicted in this particular photograph you can't really see it in the picture no but I mean it's it's would be over here hey yeah um if I could direct your attention to the next photograph that you have before you if I can have that one up on the screen and again miss Al would you recognize what's up on the screen yes and uh this is just another photograph of your home as it was around January 2022 at 34 fa yes and from this Photograph do you see uh Now sort of the driveway and where that is yes and if you could just uh indicate to the the jury sort of wearing this Photograph that be the driveway was right here the two garage doors and then there was driveway right along here now in reference to that driveway um or in reference to your family at the time that lived at the house but how many cars would there typically be when everyone's home parked in the dve um could have been four um let me think two three I think four and who would those Vehicles be typically operated by and and what kind of vehicles we talking about I had my car um which was a Cadillac SUV um my husband had his work car and then um we had I think a Ford Explorer and then the kids were driving a Ford um Escape maybe all sort of bigger cars all sort of SUVs is that yeah if I can direct your attention to the next photograph and again what's up on the screen is that what you have before you as the next exhibit yes just for the if you could read the the number that's on that photograph Now 60 and uh again what's up on the screen is that just another depiction of your home is that's yes now when you open that door and officer lank is is there and you invite him in your house to talk um you said that you saw some Cru correct where in relation to your property with Cruisers when you open the door and if you could direct the jury's attention supp I believe they were right here somewhere here um if I could direct your attention to the next photograph that's in there Y and again the photograph that's up on the screen is that what you have before you m and again I'm sorry to keep asking read the number that's on the photograph uh 63 and so exhibit 63 up on the screen if you could describe the jury sort of what part of your property or budding property are we looking at here um believe our property ended you know somewhere along here right about in the general area of the electrical box and fire Hydra talking yeah yeah and that next door resonance there do you know off hand what the number was for that um I don't maybe 36 I'm not sure in the vicinity of your number 34 yeah um and if I could direct your attention to the next [Music] photograph 64 thank you yeah face um so with respect to this Photograph um as far as the sort of side door do you see that in this Photograph yeah the side door would be right here and there's sort of another door off to the to the right of the photograph is that correct yep that door would go into the garage and typically at least around this time of January or late January 2022 as far as the vehicles that you were talking about would any of those Vehicles go in the garage or what was in the garage the garage was a little bit cluttered so um if there was a storm coming we would try to arrange things so we could at least maybe get one or two of the cars in there but otherwise we didn't put the cars in the garage only if it was going to you know be a storm we would try to get some of them out of the driveway and with reference to these specific dates of January 28th and the 29th in this specific storm do you recall anything as far as putting vehicles in the garage on on those dayses I don't I'm not sure not sure if we had maybe put mine in there cuz I had gotten picked up that night I'm not sure and uh I believe is there one more photograph that we hav't talk about um 58 yeah no okay now in addition um let me ask you this at at this time in January of 2022 did your family have any pets yes and how many pets did you have we had one we had a dog what was the dog's name Chloe and what type of dog was it she's a German Shepherd mix and um where how long had you had the dog at that point in about six years I believe and do you recall sort of when you got the dog how you got the dog or where you got the dog from um we got the dog from a shelter in Texas and what what type of so shelter fa to say it's a RC dog yes and uh where did the dog typically go within the house it was when it was allowed anywhere in the house and as far as nighttime uh would there be a any sort of particular pattern of where the dog would sleep yes at night time when we went up to bed it came up with us and it slept in our bedroom and at any point in time um during the time from when you returned from the waterfall to your home where where was the dog at that well the dog had been up in the room and I believe my husband when we first got in um brought her down to let her out to go to the bathroom and when the dog went out to to go to the bathroom at when you lived at 34 fa Road where were the dog how that well she pretty much know she knew the door where to go so when she had to go she would go to that door and she would just go out and run in the backyard and go and on her own so on her own and someone would sort of stand at the back door yes and the back door that we're talking about what kind of door is set regular door I I mean door that opens it is a sliding door yeah no like just a regular door and it had I think a storm door you know behind it and um the backyard area of your home in 34 fa when you lived there in around January 2022 how was that enclosed it it was fenced in so do couldn't get out of everything closed up in the back yes as long as the gates were shut and as far as that particular evening uh after you returned from the waterfall you indicated your husband let the dog out about how long period of time was the dog outside I believe was pretty quick she went did her business and came back in I think she might have walked around the kitchen for a minute or two and then I think you just brought her back upstairs and to your knowledge did Chloe the dog did did Chloe go outside at any other point over the course of that evening no now some point um obviously you've moved from 34 Fairview to nor corre and uh when about wasn't in relation to this incident of January 29th 2022 that you that you move we moved in April of 2023 and uh what if any plans or discussions were there in reference to moving prior to January objection your honor so not the specifics but generally not the conversation um we had always planned to move but it was it was in our plans that you know what kids were starting to get older we were look into possibly downsize so at the end of 2021 um my BR my husband's brother had sold his house no I'm going to allow that my uh husband's brother had sold his house um and got a good deal for it it sold pretty quickly the market was really good at that time so we just started thinking hey you know the kids are getting older a couple of them had already moved out we weren't going to be able to stay in that house you know it's like a five-bedroom house once our kids were gone my husband and I wouldn't have been able to maintain that needed a lot of work we couldn't afford it you know so we said maybe now is the time we should um put on the market and see what happens so I think in November December so hold hold on next question Mr L sorry no that's okay so you put it on market and sold and then you moved objection leading the objection sustained ask ask a non-leading question when was it that the sale was finalized April April of 23 and as far as selling the house what if any relationship did that have to what occurred on January 29th 202 it had no relation to it we had already had thoughts and plans of doing it before that happened we reached out to a realtor in the end of 21 one yes I nothing further for this Wht Tron all right miss little thank your [Music] honor good afternoon Miss Albert hello you were at the waterfall Barn Grill on January 29th for approximately four and a half hours is that correct um I was there from say quar of 8 8 till about midnight about 4 hours yeah yeah and you were there with a group of individuals including Brian Albert Jennifer mccab Matt mccab Julie Albert Chris Albert Caitlyn Albert and Tristan Morris and then we're later joined by Brian Higgins correct yes okay you testified that J O'Keefe and Karen Reed joined your group around 11m is that right approximately over the course of those four hours that you were there um did you see any sort of mention whatsoever between John oef and misery well no I they were only there for an hour when I was there but I didn't have really any interaction with them but no I didn't see anything so based on your observations they appeared everyone appeared generally happy and in good spirits correct Y at any point while you were at the waterfall Bar and Grill Did You observe Ken Reed stumbling slurring her words or otherwise appearing to be under the influence I did not but again I never engaged in any sort of conversation with her Did You observe your husband and Brian Higgins engaging in sort of practice fighting techniques while you were at the waterfall bar and girl I saw them fooling around with each other yeah okay your honor if I could show just a a screenshot of a video that's been previously marked a screenshot of it sure [Music] yeah so can you take this down just until the witness has it please I thought you were just showing the screenshot you want to show it up here um yes it okay so what are you doing you mark that as an exhibit I don't think there's a need to I thought you were showing something to the juror that you were just I could show you photog all right so we will mark it for identification Miss Albert so so hold on we need to so we'll mark it for identification all right so you want to display it on the screen now miss little yes sir okay sure go right ahead Miss Albert do you see the two individuals sort of the closest to us with their backs turned to us two males yeah I know it's kind of hard to see yeah who is um the man that has just been zoomed in with the logo on the back of his sweatshirt I believe that's Brian Higgins okay and then the person that the person with that sweatshirt is you said Brian Higgins I think yeah little hi to tell the other individual sing right next to him I know this is kind of hard to see because the numbers locking yeah but does that appear to be your husband to the left kind of in a fighting stance yeah I think so okay Miss Albert when your your husband drinks does he often so I'm sorry are we taking this down or keeping it up yes you can take it back okay thank you Miss Albert when your husband drinks does he often get into sort of these practice sparring practice fighting stances is that common for him Jackson no I'm going to allow it no I don't think so so this type of behavior was unusual for him no I think they were just fooling around I don't think there was anything much to it my question was is it unusual for you to see him sort of practice fighting I wouldn't call that practice fighting I think they were just fooling around and yeah maybe I've seen him do that other times but it was fooling around they weren't practicing let me put this a different way you do know that your husband is a highly trained fighter correct Jackson I'll allow that absolutely not your husband has no fighting experience whatsoever a highly trained fighter no he's not he has boxing experience correct jaction so I'm going to see you a sidebar on this please Miss Albert your husband has boxing experience correct yes he also has fighting experience from his training in the military [Music] correct I don't know what fighting experience from the military means I mean he was in the Marine Corps he was out of the Marine Corps in 1992 but he had training through the Marine Corps and through the Boston Police Department with fighting and defensive tactics correct I assume so miss Albert you testified earlier that you left the waterfall around I believe 11:45 is that correct no I said I think closer to 12 okay could I show you what's been previously marked as exhibit 53 H but I permission to publish exibit 53 okay Mr B if I could have you start the video at 5:14 if you could pause this video no I don't do you see the woman that's in the lower quadrant do you recognize that individual at all I don't it's so I can't tell who that is I know this is not the the best video so I'll play a little bit more and see if you might be able to to recognize it you don't recognize who that individual is I mean it could be me I'm not sure I can't really tell all right so this is an instance where the video has to speak for itself right you can play just for a little bit [Music] longer pause did you recognize the woman that just sort of walked forward yes now seeing the coat I recognize that it's me thank you um and did you see what was in your hand when you walked by I don't you could play just a little bit more Miss Albert do you see that you appear to be folding something yes what is that looks like a can and what time is that video 11:58 that would have been approximately the time that you were leaving the waterfall Bar and Grill yep you guys had a fun night it looks like you kind of grabbed the white claw you're about to leave is that correct yes okay um you testified earlier that you got home so can we turn the lights back on and okay thank you honor okay let me switch gears a little bit you testified earlier that there are four cars that are usually parked in the driveway at 34 you correct yes and you listed at least the make and model of about three of those vehicles yeah you recall that yep you said there's a Cadillac that usually is parked in your driveway there's a Ford Explorer and there's a for escape correct but you also said there's a fourth car that's your husband's work vehicle yes yeah what type of car is that that's a Ford Edge a black Ford Edge yes yep is there a reason that you didn't want to state or commit to that in front of this jury when you originally testified no there no reason I was just trying to think of all the different cause we have five kids we've had a lot of different vehicles I was just saying it has I remembered it news coverage in this case has revealed the importance of a for Edge jackon your honor sustained in your mind a Ford Edge has significance to this case does Jack your no can you answer that does a Ford Edge have significance in this case to you I've heard it talked about yeah and what you've heard talked about is that an eyewitness saw objection your honor I'm going to stop you on that the objection sustained Miss Albert you know there's significance the fort Edge and that's the one that you did not mention in your initial testimony correct so I'm going to allow that question can you answer that there I just was trying to think of every the different makes and models I did not not purposely say that okay where did your husband strike that you testified earlier that you weren't sure exactly where Brian Higgins parked that night when he arrived at your house correct right and you you said I'm not sure but then you gave a pretty vivid description about him being part you think in front of the house by the mailbox facing away from your your residence corre yep is that statement something that's from your personal recollection or for something that you've discussed with other Witnesses in this Cas no it's from my personal recog lection of what I'm pretty sure I remembered he pulled in first he backed out so we could pull in and then I'm pretty sure he pulled out and parked along the curb where the mailbox was so you haven't discussed that statement with any other Witnesses in this case I don't remember I don't I don't think so you testified earlier that when you arrived at 34 fa viiew your son Brian Albert Jr was there Julie Nagel was there Sarah levenson was there um and that your nephew Colin Albert was also present correct yes okay can you describe sort of your interaction with Colin Albert when you walked in the door it was literally I was coming in I I think we almost bumped into each other I said I didn't realize he was there I said hey what are you doing here he said oh I just come by to see Brian but my rid's on its way I'm about to leave and I said okay I said all right I see you and he just kind of continued on think he must have went out the door so when you first testified I believe you stated that you saw Colin seated at the table with Brian Jr correct when I testified when earlier today I don't believe I said that shortly after he got up no I don't believe I said that you never said that he was initially seated with Brian J no I'm pretty sure I said when I walked in I immediately saw him so when you walked in the door you're saying he was already leaving to go get get his correct he was standing and looked to me like he was getting ready for someone was coming to pick him up got it and when you pulled up with Brian Higgins and Brian Albert that all happened around the same time correct yes and you have never mentioned seeing any other vehicle waiting outside the house for Colin when you arrived correct no you didn't observe another vehicle outside the house no I'm not saying I'm he said to me my ride's almost here I'm leaving so I didn't see any anything outside about his ride and it was cold outside that night yeah so he sort of walked out the door before he was arrived I don't know if he went and stood and waited by the door I came in the house and like I said I immediately said hello to my son his friends I went and started doing my cleaning and I didn't really pay attention but I assume he left because I didn't know saw him again so you're not sure if he was sort of standing by the front door I'm not sure I mean he could have been St standing there waiting he said his ride was about to be there okay but you didn't see him leave I did not see him leave you testified that your German Shepherd Chloe was also at the house when you arrived home on January 29th correct yes um she's a large German Shepherd yep about 70 PBS she's not great with strangers I wouldn't say that you wouldn't say that she it's kind of a poorly worded question would you say that she's good with strangers I'd say she's fine with strangers fine with strangers y she's she's definitely not good with other animals is she no she did not like other dogs LOE actually has a well documented fight history doesn't she Jack does she with dogs a couple dogs yes Miss Albert she also has a bite history with humans doesn't she jaction um ask that differently Miss Albert Chloe has injured other humans hasn't she jackon I'm going to allow that in one incident in May of 22 when she got out and was fighting with another dog the woman who was dog it was tried to break up the two dogs and while she was trying to break up the two dogs she got injured there were actually two individuals who are injured in that incident correct well there was two women but I believe just one woman I from what I understand had an injury from Chloe the other one may have fallen or something but I I'm not sure 100% there were two women who were actually taken to the hospital after that inent correct yes a neighbor had called the police or called an ambulance just to make sure they were okay and you mentioned that Chloe had actually escaped from the backyard in that incident yes and that happens from time to time in your house correct it had happened a few times yes and Mr Albert let Chloe out when he arrived that night correct yep Miss Albert you don't have Chloe anymore do you nope in May of 2022 four months after Mr O's death you got rid of your family dog of six years jaction so is that true is that when you got rid of your dog I did not get rid of my dog I rehomed my dog your dog is no longer in the campon area correct no but I know where she is she's in Vermont and that previous testimony that information has all been given so if she was ever needed for anything we know where she is was that testimony given to the defense uh probably was I present at the hearing where you testified about this jaction your honor sustained your honor me approach sure miss Albert you're aware that we actually sought records regarding Chloe and her bite history correct Jack was it from this witness it was that's a yes or no from there yes or no well it was it was from a custodian okay um I'm going to allow I'm going to sustain the objection all right M I want to direct your attention back to the early morning of January 29th m you testified that everyone who arrived at your house just after midnight was sort of generally gathered at the table in the kitchen area correct yes and over the course of that evening you had never heard any sort of disruption inside correct no you didn't hear a crash needs to be an answer sorry no you certainly never heard any screaming or yelling no and you never heard the Screech of any breaks outside correct correct okay on July 20th 2023 you testified before a grand jury and Mr L was not there correct and idia mlin was also not there correct okay do you recall that yes and you were specifically asked during the course of that hearing where everyone was positioned around the table that night you remember that sort of line of questioning yeah and you explained that your sister Jennifer was seated next to Brian Jr Jackson is there a question we're getting that question so go ahead you were very specific about kind of how people were seated at that table that night do you remember that testimony you explained that Jennifer was seated next to Brian Jr and Matt M was across from him do you recall that yep but when you were asked where your husband and Brian piggins were positioned at the table you weren't able to place them there is not true cuz I don't believe they ever sat at that table and what you told the grand jury during that hearing was that at least at one point they had left the room and they were out of outside of your view correct I'm not sure I said that told the jury that you were cleaning and you weren't sure where they went correct well initially when I first came in the house and I was doing my my thing I don't remember exactly where and they were you told them you told the grand jury that you you don't recall seeing them at the table but you don't recall where they went because you were kind of focused on cleaning cor right and there was one point at which you said that you joined them in family is that right but while you were cleaning you said I don't really know what they were doing but but they weren't there correct yes so you recall your husband and Brian Higgins left your view and went to some other place in the house that evening correct they could have Miss Albert how many steps is it from the front door to the basement steps it's a poorly worded question I will rephrase it when you open the front door of your house uh-huh how many steps does it take to get to the door to the basement um four or [Music] five you testified earlier that Brian Higgins left 34 the first correct yes then Matt maab Jennifer mccab Lon and Julie n left together correct yes and the very last person to leave your house that night you said today under was your daughter Kaitlyn yes and you said she left your house close to 2 a.m. is that right y Albert that's not what you told Sergeant Len on January 29th 20122 is it I don't recall what I told him would it refresh your recollection take a look at your statement to Sergeant Lane sure may I approach the witness here H yes [Music] [Music] okay I'd like to direct your attention to page two of this would you show um show the prosecutor please yes you want may we approach just briefly okay may I approach yes okay I'd like you to take a at page two and you don't need to read it out loud but if you could read this very last paragraph here down hit seven or actually this section right here second paragraph to the bottom and you don't need to read it out loud just look up once you're done and are you going to clarify that miss little statement oh um how can I approach your honor I miss Albert this is just a police report containing an interview that's conducted correct a sergeant link on January 29th is that right yes the morning of thank you have you had a chance to is your recollection refreshed y isn't it that you told Sergeant link that your daughter left at 12:15 on January 29th I do not recall saying that I've maintained an every interview testimony I've had that she was the last to leave so I don't know was very confusing that morning officer link was trying to ask everybody where had you been where had you been when did you get here when did you leave I don't know if somehow it was misconstrued but I've always maintained that Caitlyn was the last to leave that's because Sergeant link was talking to everyone at the same time correct yeah I mean we're sitting around the table was a little everyone was you know we're all in shock and was a little confusing sure it was more of a conversation than an interview is that right I guess you could say that yes [Music] Mt do you deny saying that to Sergeant link I don't believe I said that I think maybe someone was saying oh Jen and Ma got there at 12:15 he misunderstood it got misconstrued later in his notes but I I've always said in any other time I was questioned that my daughter was the last one to leave so I don't so you weren't trying to protect your daughter no you were forthcoming about always providing the Troopers with information about the individuals who are present at [Music] yes Miss Albert you and your family discussed this case at length before your interviews with law enforcement corre Jackson I'll allow it did you of course we discussed the case but just everything that was going on we trying to figure out what happened and you you testified that you spoke to Trooper Proctor on February 3rd 2022 is that correct yes that would be six days after the Sur is that right Y and that's the very first time that you were ever interviewed by Massachusetts State Police yes yep aside from that sort of conversation you describe the sergeant yeah y when you spoke to Trooper Proctor on February 3rd 2022 you left a lot of names out of individuals who are present at your house on the morning of January 29th 2022 isn't that correct I'm not sure who who was left out did you tell Trooper Proctor that your son Brian Albert Jr was home that night was home the night of his birthday or what do you mean yes the night of his birthday well yeah it was it was that's it was he was home with his friends did you tell that to Trooper Proctor I assume I did so if it wasn't a news report that would have been his mistake jackon sustained did you tell trctor your daughter Caitlyn Alber returned home with you after the waterfall I believe so did you tell trooper practor that your son had two female friends at your house when you arrived I believe so and notably did you tell trooper proor that Colin Albert was present at your house you know I probably didn't because anytime I was questioned about who was there who to me it was who was there afterward you hanging out from like the 12:15 point on I didn't consider Colin as being there because I literally crossed path with him he left and I didn't consider him being a part of the group that was there were you asked who was at the house that night I assume he asked that but I also didn't mention the girl the people at my son had previous CU I didn't consider them as part of the people that I was with when I got home you never mentioned Colin Albert to Trooper Proctor correct correct and you never mentioned Colin Albert to Sergeant lank correct [Music] Albert you knew that if you gave Trooper proor the name of your nephew that he would have to interview him correct jaction all right I'm going to sustain that objection you didn't want your kids or your nephew to have to tell the police what they saw what they heard and what they did that night jackon I'm going to allow that is that true that is not true but you never told Trooper practor about Colin Albert I didn't mention Colin CU I didn't consider him as part of the group that we were hanging out with after the waterfall because he left as soon as I walked in I wasn't even didn't even think of him didn't even think of them no didn't think it might be important for the state trooper who was investigating this case to know the individuals who were leaving at precise time Mr o'keef and M Reed arrived at the house jaction sustained Miss Albert what's the first thing you remember waking up to on the morning of January 29th my sister bombing into my bedroom okay your honor if we could approach I'd like to show you photograph reports to be just show where the photograph Albert do you recognize that photograph yep what is it it's a picture of my house does it appear to be generally to scale yep you recognize sort of the flag pole in the yard yes the house yep the driveway mhm and that looks and that looks accurate in terms of scale correct yes permission to publish sure miss Albert where is your bedroom located you want me to show it yes if you could exp right up here so your bedroom is in that upper leftand quadrant correct mhm yes the far left window that's your bedroom window yep is that right y the two of them so on January 29th you had two bedroom windows on the left side of the house that were facing the front lawn where Mr O's body was found correct yes you're aware that M Reed Jennifer mccab and Carrie Roberts arrived outside your property around 6:04 a.m. correct yes did you hear any fire trucks that morning I did not do you hear any ambulances I did not you didn't see the flashing lights of emergency vehicles outside your bedroom window I did not my blinds were shut my curtains were closed I did not see anything you testified the very first thing you remember was Jennifer mccab waking you up in your bedroom so I'm sorry just to keep track are we going to take this down now miss little keep the lights on I just I just want to keep track of that okay what time was that I thought it was somewhere between 6:00 and 6:30 can I have a moment sure I [Music] I if I told you it was around 6:45 based on video surveillance footage would you quarrel with that if that's what you say okay does that sound about right to you yep I I initially from the beginning just said 6630 I wasn't quite sure miss Albert what about the two calls that you received from your sister at 607 and 608 a.m. which were answered I never answered any phone calls from my sister that morning you're aware that the celebrate records indicated that you answered two calls from your sister your H and 608 ction sustained you honor me I approach the witness okay you could take a look at this report [Music] Albert you received if I again if I could just see what's being shown to the witness before thank you may we approach okay I'm G to take that please you can give it back to miss Albert thank you and you can go back and ask a question and let let's see where we go with this okay Miss Albert do you recognize these documents this docum recognize it do you know what it is well yeah I see what it is does it refresh your recollection is the two calls you received on the morning of January 29th it says here two calls were placed okay don't read it but you were asked a specific question so if you could answer the question please does that refresh your recollection to the two calls you received from your sister on the morning of January 29th she may have plac those phone calls to me but I never answered them you received a call from Jennifer mccab on January 29th at 6742 a.m. that lasted for 9 seconds correct she may have placed a phone call to me I never answered it I never spoke to her that morning you also received a second call from your sister at 6817 a.m. that lasted for 7 Seconds correct Jackson go ahead and answer that it says that but I never answered a phone call from my sister Jennifer that morning you're aware that cell phone companies have what are called tolling records correct that show if there's a voicemail or something of that nature Che action your own just m Albert it's your testimony here today that you you never spoke to your sister that morning I never spoke to my sister on the phone that morning who else was in your bedroom that morning me and my husband you and Brian Albert were the only two individuals who could have answered those calls that morning correct with the only two people in the room besides the dog and at 6:07 a.m. someone had a 9sec call with J F correct jaction all right sustained and and you've got more for this witness I imagine miss little yes your honor okay so we'll take the lunch in recess folks it's one o'cl your honor the party sub stipulated that exhibit X is a graphic representation of 34 Fair View and not a photo okay sure now you can approach the witness if you oh you just want to put it into evidence now okay so that will be our next exhibit Madam court reporter thank you we actually need it approach yes [Music] this Albert you testified that Jennifer mccab woke you up around 6:45 a.m. correct I believe I said between 6:00 and 6:30 but could have been that was what you up correct yes um she obviously had access to the house yes the door wasn't locked nope that's sort of a typical practice for you yeah it was just sometimes with the kids the last one in supposed to lock it they didn't you know it just wasn't always locked and inside your house you've had plenty of blankets and other items that could have been Comfort to a man laying in the snow correct so as to that form I'm going to U sustain the objection you can ask the question a different way miss little miss Albert you had blankets inside of your house that could have helped someone free outside objection so I'm going to sustain the objection you can ask a shorter form of that question [Music] Albert you have BL in the house correct yes you were also lying next to a first responder jaction correct you can answer that yes and neither you nor your husband came outside to help John correct we did not go outside because we had no idea what was going on outside we were sound asleep until my sister came into my bedroom questions okay Mr L thank [Music] youor with regard to uh phone calls from your sister Jennifer MCC that morning shortly after 6:00 AM did those phone calls wake you up no did you answer those phone calls no did you speak to Jennifer MCC on the phone prior to her or at any point on that morning prior to her coming into your room I did not and you were so shown something that's a sellbrite extraction on the bo correct yes and not just that specific one but have you ever seen any sellbrite extractor ort before in your life no fair to say you don't know how to interpret the data that's on there no fair to say that you don't know whether or not an answered call or something that's listed is answered was something that was actually answered or went vo correct now regard to uh your dog clo following that incident in May of 2022 uh what if anything did you and your husband do with regard to the person that had been B well we had gone over to their house to apologize for what had happened and you know offered to pay any bills you know that they may have had for any injury to the dog or anything and then after that we just decided that we thought the best thing to do would be to try to reome it because I just didn't want something like that to happen again and can you explain to the jury sort of what are the steps that you took uh in the process of of rehoming your J well initially I had called a bunch of shelters and they were pretty much telling me that it would be hard to rehome her she was dog aggressive and they would probably have to put her down I didn't want to do that the family you know we love the dog and so I did not want to do that so I reached out to the woman in Texas who we got the dog from to see if she could help and she said you know she couldn't take it back but she would try to help me out so she ended up finding a woman who lived in Vermont I think she lived alone she had big property it would seemed like a good fit she wanted to take Chloe and we made arrangements and I went and met this woman halfway and I gave her Chloe and what if any conversations or contact if who you had with that woman in Vermont since rehoming your daughter for a few months after iction so not the not the substance of it but have you had contact with the woman in Vermont yes I did for a few months back and forth now with reference to Chloe when your sister Jennifer mccab comes into your bedroom hysterical that morning of January 29th was was Chloe in the room at the time yes you were asked uh some questions about the evening or the early morning when people had come from the waterfall back to your home correct mhm and at some point uh you were cleaning and Mr Higgins and your husband were out of your line of sight is that correct yes how long a period of time are we talking I I don't wasn't very long could couple minutes I didn't wasn't watching where everybody was and what everybody was doing there say relatively short period of time yes yeah I have nothing forther okay briefly your honor okay so you need to take this down sir thank you there was something that was just up there go ahead Miss Albert I never received any voicemails from J on January 29th video you not that I'm aware of you also have never produced pursuant to our requests any documentation about the whereabouts Chloe the objection sustain I'm going to strike that question disregard the question well questions aren't evidence so we can leave it on the record but um the objection sustained you've never turned over any information about the location of Chloe since dependency of this case have you Jackson you may we approach I'm just going to sustain the OB actually have you ever provided information about the whereabouts of Chloe to the Comm yes I believe I have you have I believe so when did you do that you may we approach yes no further questions okay thank you very much all right Miss Albert you are all set thank you