Week three of the Karen Read trial started with more testimony from the Albert family and their friends. Their former home is where Boston Police Officer John O’Keefe was found dead. Caitlin Albert, daughter of Brian Albert, led off Tuesday morning, took the stand for the second day in a row...
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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 scenes 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.
