The third week of testimony in the Karen Read trial got underway Monday with the defense cross-examining the man who owns the home where John O'Keefe's body was found.
Read is charged with second-degree murder in the 2022 death of O'Keefe, her boyfriend. He was found in the snow outside retired Boston Police Officer Brian Albert's home in Canton. Prosecutors say Read hit O'Keefe with her SUV, while Read says she has been framed in a wide-ranging coverup, claiming the Albert family — which includes a Canton police officer and current selectman — and the state's lead investigator, a family friend, put the blame on Read.
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Read has pleaded not guilty and is free on bond.
Brian and Nicole Albert took the stand on Friday. They have been the subject of intense public speculation for months — while prosecutors say Read killed her boyfriend, Boston Police Officer John O'Keefe, on their lawn on Fairview Road during a snowstorm in January 2022, Read's lawyers have claimed there was a coverup, one that may have involved at least Brian Albert, a fellow Boston police officer.
Their testimony came as the second week of trial proceedings in Norfolk Superior Court, in Dedham, wrapped up. But before they took the stand, Judge Beverly Cannone ruled that the controversial blogger Aidan Kearney, known as "Turtleboy," wouldn't be allowed in the courtroom for their testimony or that of eight other witnesses he's accused of intimidating.
Brian Albert returned to the stand on Monday to be cross-examined by Read's defense team.
Brian Albert's cross-examination
Under cross-examination, defense attorney Alan Jackson asked Albert about his initial grand jury testimony that he had never met Read before. He later changed that story and said that he saw Read at the Hillside Pub with O'Keefe on Jan. 22 -- about a week before the incident that resulted in O'Keefe's death.
"You were asked if you knew Karen Read on Jan. 28 and you testified, 'I've never met or seen her before.' You had not only met, but spent several hours with O'Keefe and Read six days before the incident," Jackson said. "On Jan. 22, 2022, you socialized with Karen Read at the Hillside for several hours."
Albert said he was at the bar, but several other people were at the bar.
Jackson then displayed a photo showing Albert, his brother Chris Albert, O'Keefe and another man, and said the photo was taken by Read. But Brian Albert said he did not recall who took the photo.
"I remember having conversations with John that evening. I don't remember having conversations with Karen," he said.
Jackson also showed a portion of the surveillance video from the Waterfall Bar & Grill on the night before O'Keefe died that appeared to show Brian Albert talking directly to Read amid a group of several other people.
"It looked like I was speaking. I can't say for sure I was talking directly to the defendant," Albert said.
Jackson also got Albert to say that his nephew, Colin Albert, was at his house on the night of Jan. 28, 2022. Albert didn't initially tell police that Colin Albert was at his house that night. Brian Albert said he didn't mention it to police because Colin had left soon after Brian arrived home that night.
"In your initial reports to the police, his name was never mentioned, was it?" Jackson asked.
"I did not mention it, no," Albert replied.
Jackson also displayed video in court taken from inside Brian Albert's former home on Fairview Road, showing the bulkhead doors in the basement. The video also includes footage of the home's backyard and the front yard by the street.
Jackson also asked Albert about his police training, including whether he has ever received training on criminals covering up crime scenese or deleting phone evidence. Albert said he hadn't.
He also asked Albert about his cell phone and specifically a directive from the district attorney's office that he had to preserve his cell phone due to a motion filed by the defense in the Read case. When the district attorney's office informed him of this, Albert said he had just upgraded his phone a week earlier, but didn't mention that to the district attorney.
"Where is your phone?" Jackson asked.
"My phone was upgraded and traded in for a new phone," Albert replied.
He said he upgraded it in the third week of September, around the 22nd, of 2022, the day before a court order that it be preserved.
"I upgraded my phone on and around the 22nd, yes," Albert said. "That just happened to be the day that I got it."
He said the fact that he turned in the phone just a day before he was told not to destroy it was just a coincidence.
Jackson also asked Albert if he and his friend Brian Higgins had agreed to get rid of their personal phones. But Albert said he didn't recall that.
"I don't remember having that conversation with Brian Higgins," Albert said.
Jackson also asked Albert if he was aware that Higgins had also gotten rid of his phone.
"Yes," he replied.
Jackson also asked if Massachusetts State Police Trooper Michael Proctor entered Albert's house on Jan. 29, 2022.
"He conducted an interview with my wife and I don't remember if it was the 29th or the 30th," Albert said.
But Jackson said that interview actually occurred on Feb. 3, 2022, days after O'Keefe died. He also got Albert to acknowledge that forensics experts never came into his house as part of their investigation.
Jackson also asked about Albert's time in the Marines and whether he received any training in hand-to-hand combat. Albert said he had, along with training on defensive tactics during his time as a police officer. He also asked about Albert's training as a boxer.
"Have I boxed before? Yes," Albert said. He also confirmed that he was shown boxing in a television show about the Boston Police Department called "Boston's Finest." He also showed surveillance video from the waterfall showing Albert and Higgins appearing to square off in a fighting stance in what he described as a form of horseplay.
"Just having fun with my friends, hanging out and fooling around," Albert said of his actions in the video.
Another portion of the video was shown where Albert appears to wrap Higgins in a bear hug from behind. When Albert lets Higgins go, Higgins pretends to knee him in the abdomen.
"I don't know what his intent was. It looks like he was just fooling around, like I was," Albert said. "We're in the bar together, we're good friends, we're just being silly and fooling."
The two are then seen hugging immediately afterward.
Jackson then asked Albert if he put his phone on a charger when he got home after the Waterfall. He said he didn't, and kept it in bed with him instead.
"All I can answer is I sleep with my phone in my bed. That's just what I do," Albert said.
Jackson asked Albert if he made any phone calls after he went to bed. He said he did -- "I inadvertently called Brian Higgins" sometime after 2 a.m. But he said he never spoke with Higgins.
"It's kind of like a butt dial," Albert said.
Jackson also pointed out that Albert had said previously that he and his wife, Julie, were in bed around the time the phone call to Higgins was made, "in an intimate situation."
Jackson referenced a call Brian Albert made to Higgins at 2:22 a.m. on Jan. 29, 2022, that lasted one second. He also referenced a second call 17 seconds later from Higgins to Albert. That call lasted 22 seconds, according to phone records.
"I did not answer it," Albert said.
But Jackson said if it was a missed call, as Albert said, it should have shown the missed call in red. He also pressed Albert on how the phone could have "butt dialed" Higgins, since it should have required a passcode or facial recognition in order to unlock it.
"I don't know that the phone was locked. I could have been looking through my phone," Albert said. "I butt dial people often and make calls."
"So how'd you miss the call 17 seconds later?" Jackson asked.
"I never got the second call from him," Albert said. "I'm not sure what I was doing at that second."
"Was the phone unlocked and did you make a call?" Jackson asked.
"I don't know," Albert said. He also said he didn't answer the ensuing call from Higgins.
"Simply touching your butt will not answer that phone. It has to be swiped," Jackson said.
"No, I don't think it has to be swiped," Albert said. "I don't remember answering that call. I could've hit the phone by accident, causing it to answer."
The next morning, Albert said he mentioned to Higgins that he might have "butt dialed" him.
Since that time, Jackson again stressed that Albert and Higgins have both gotten rid of their phones.
Jackson also asked Albert about a call he made on the morning of O'Keefe's death, around 7:20 a.m., to Higgins.
"I informed him of what was going on at my house," Albert said. "We were out the night before and I thought it was important for him to know what had happened."
Jackson also asked about several subsequent calls to Higgins and his brother, Canton Police Officer Kevin Albert. Brian Albert also acknowledged he spoke with Canton Police Chief Kenneth Berkowitz and his sister-in-law Jennifer McCabe that morning, and again with Kevin Albert and Higgins that afternoon. The next day, he spoke with Berkowitz, and the day after that with McCabe. And then Berkowitz called Albert again on Feb. 1. Three days later, he again spoke with Higgins.
"I don't know the subject of all these calls," he said, but he acknowledged that many of them likely pertained to O'Keefe's death. "Of course, it was a horrible situation that was going on. Everybody was distraught and there were a lot of phone calls."
But he denied that any of those calls were in an effort to "get their stories straight," as Jackson put it.
Court broke for lunch around 12:40 p.m., with Albert still on the stand and resumed again around 1:45 p.m.
During redirect, Lally asked Albert if he or Higgins went into the basement of his home after returning home from the Waterfall on Jan. 28, 2022. Albert said they did not.
Lally also asked about Albert's phone and mentioned that although Albert had upgraded his phone, texts, phone calls and other information could still be available in the cloud. He also asked Albert about his experience boxing. Albert said it had been about two decades since he actively boxed.
Albert also testified that some areas of his home were a "dead zone" for his phone, and that the phone might not have been locked when he was engaged in the intimate moment with his wife. He also reiterated that O'Keefe never entered his house on the night before he died, saying he would have been "welcomed with open arms" if he had.
Brian Albert Jr. testifies
The second witness of the day on Monday was Brian Albert Jr., the son of Brian and Nicole Albert. The 25-year-old lived in the home at Fairview Road with his parents until they sold it, and he now lives with them in Norwood.
He said he had several friends over to the Fairview Road home to celebrate on Jan. 28, 2022, the night before his 23rd birthday. He said he and two other friends listened to music, ate some food, drank alcohol and played some card games.
"Just a normal hangout," he said.
He said three other friends from high school joined them at the house a short time later. He said his cousin Colin Albert arrived later on that night, and his mother, father and sister and some of their friends, including Higgins, returned home later as well.
He said Colin Albert left the house soon thereafter.
Brian Albert Jr. testified about seeing a dark SUV outside the house that night, and said it was snowing at the time. He said the passenger's side of the vehicle was facing the house. He said he didn't hear any noise coming from outside the house.
When he first saw it, he said the SUV was right by the mailbox, but when he next saw it several minutes later, it appeared to have moved closer to a flagpole on the other side of the house. He also said he saw tire tracks in the snow.
Albert Jr. said he went to sleep around 1 a.m. and woke up around 7:30 or 8 a.m. when his father knocked on his door.
He said neither O'Keefe nor Read ever entered his house on the night in question. He said he never formally met O'Keefe but might have been around him, and that he never met Read.
Defense attorney Elizabeth Little asked Albert Jr. when he first spoke with investigators in the Karen Read case, and he confirmed it was July 6, 2023, about 18 months after O'Keefe's death.
He said he didn't look outside the house on the morning O'Keefe's body was found on the Albert's lawn because it gave him anxiety. He said he never saw O'Keefe's body. He was dismissed shortly after 3 p.m.
Caitlin Albert testifies
Shortly after 3 p.m., Caitlin Albert took the stand. She is the daughter of Brian and Nicole Albert and brother of Brian Albert Jr.
She also testified about the events of Jan. 28, 2022, when she came to Canton with her boyfriend and met her mom and aunt at the Waterfall around 6 p.m. She said the four of them ordered food and drinks and her boyfriend went home after eating because he had to be up early the next day.
She said she remembers leaving the Waterfall around midnight.
Like other witnesses before her, she said the mood at the Waterfall seemed positive, and there were no issues involving tension or anyone fighting among their group or between O'Keefe and Read.
She also testified that her father drove her and her mom home to her parents house on Fairview Road.
When she first walked in, she said she saw her cousin Colin Albert. She said it was already snowing at this point, and progressively getting worse.
Under cross-examination, defense attorney David Yannetti asked Caitlin Albert if she was the last one to leave the house that night.
She also acknowledged that she did not receive any communication from any investigators involved with the case until May of 2023, over a year after O'Keefe's death.
Yannetti also asked Caitlin Albert about Katie McLaughlin, a Canton firefighter and previous witness in the case who she attended high school with.
"I can't think of a time possibly ever where her and I ever hung out 1-on-1 or individually," she said. "More of, like, a friend of a mutual friend."
"I would not consider her one of my, again, close friends," she added.
Court adjourned for the day around 4 p.m. Caitlin Albert is expected to return to the stand on Tuesday morning, which will be a half day of testimony.
In the video below, you can watch a recap of what happened in court on Friday:
