The Canton, Massachusetts, couple who owned the home at the center of the Karen Read murder trial took the stand Friday.
Brian and Nicole Albert 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.
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Read is charged with second-degree murder in the 2022 death of O'Keefe. 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.
Read has pleaded not guilty and is free on bond.
Watch the Karen Read trial live on nbcboston.com, NECN, NBC Boston streaming platforms (including Roku, Peacock and Samsung TV) and NBC10 Boston's YouTube page. Every night of the trial at 7 p.m., come back for analysis and more.
Julie Albert returned to the stand Friday morning. She was out with Read and O'Keefe the night before O'Keefe was found dead on her brother-in-law Brian Albert's front lawn. Brian Albert and his wife Nicole Albert also testified Friday.
Here's a recap of what happened Friday:
Retired Boston Police Officer Brian Albert testifies
Just before 2:30 p.m. Friday, just after his wife finished testifying, Brian Albert took the stand. He said he was in New York on Friday, Jan. 28, 2022, for a funeral of a New York City police officer who had been killed in the line of duty, and drove back to Canton that night.
He spoke about arriving back to town, stopping at the Waterfall Bar & Grill following a conversation with his wife Nicole. He said his brother Chris, his wife, and several other friends, including Jennifer and Matthew McCabe were already there when he arrived. He said O'Keefe and Read arrived later.
Over the course of the evening, Albert said he hung out with O'Keefe and had several conversations.
Watch the full Karen Read trial Day 9 testimony (May 10, 2024)
He described the atmosphere at the bar as being fun.
"Everybody was in a great mood. People were getting along. It was friends and family. It just seemed like a great night."
Albert said he and his wife Nicole and their daughter Caitlin were among the first people in their group to leave the bar, along with his friend, Brian Higgins.
Upon leaving the bar, he returned home, where his wife had invited members of the group to join them, as they were celebrating their son's 23rd birthday.
Assistant District Attorney Adam Lally again showed surveillance video from the Waterfall, which has been shown to numerous witnesses throughout the second week of the trial.
Lally's questions turned to what Albert remembered from when he got home: letting their dog, Chloe, out into the backyard before bringing her upstairs, and a relaxed party for his son, Brian Jr.
"We were wishing Brian a happy birthday and everything was going great," he said.
He said he may have taken Higgins upstairs for a few minutes to show him pictures of his other son, John, who, like Higgins, is a Marine, Albert recalled.
Higgins remembered leaving the party around 1:30 a.m., around which time Albert went upstairs to watch TV and decompress from a long day.
"I think I popped back down at one point, just to see how long people were gonna be there," he said, noting that a group was still there, including his daughter and Jennifer and Matthew McCabe, among others.
Asked if he was aware of O'Keefe or Read coming over, Albert said, "John O'Keefe and Karen Read never entered my house."
His wife came upstairs around 2 a.m. to watch TV and hang out, Albert said, with Chloe there as well. He was awoken by his sister-in-law bursting into the room saying "something to the effect of, 'John is dead.'"
She told the Alberts there were police downstairs, whom he went down to speak with. The first officer there was an officer named Michael Lank, who has testified previously in the Karen Read trial, followed by an other officer. Albert said he welcomed them inside.
Later, he called Higgins — "I think it was important for him to know what was going on and what had happened — and Higgins came over, as did Julie Albert, who has a regular tradition of dropping birthday treats off.
He didn't go outside after O'Keefe's body was found, saying, "There was a snowstorm at that point. They were trying to conduct an investigation and I didn't want to interfere with it or have anything to do with it."
Later that day, he spoke to state police troopers at his sister-in-law's house, several hours after O'Keefe's body was found. He said he went there because his sister-in-law, whom he's known since she was six or seven years old, was distraught and wanted to be there for her, Albert said.
The troopers — Michael Proctor, who would become the lead investigator on the case, and Yuri Bukhenik — separately interviewed all three at the McCabes' house, Albert recalled.
Lally turned to the house on Fairview Road, asking Albert to confirm that they first discussed moving two or three months before O'Keefe's body was found.
"It was post-COVID, the housing market seemed really good and my brother Chris had sold his house," Albert said, noting his brother put him in touch with his realtor.
Asked if selling the house had anything to do with the incident in January 2022, Albert said, "Absolutely not."
Nicole Albert testifies
Nicole Albert, the wife of Boston Police Officer Brian Albert, took the stand around 11:15 a.m. Nicole and Brian Albert lived in the Fairview Road home where O'Keefe's body was found until they moved to Norwood recently.
Lally asked Nicole Albert about the date of Friday, Jan. 28, 2022, the day before her son Brian Albert Jr.'s birthday.
Because it was supposed to snow on Saturday, Jan. 29, 2022, the family had talked about having a small birthday gathering for family and friends on Friday night.
Albert also testified about the gathering with friends and family at the Waterfall.
She said her husband Brian was driving back to New York at the time, and she urged him to join the group at the Waterfall, which he did shortly after 10 p.m. She said shortly after 11 p.m., O'Keefe and Read arrived.
Albert also testified about how a group of friends and family members gathered at her family's house on Fairview Road after leaving the Waterfall. She said her daughter Caitlin was the last person to leave the gathering, around 2 a.m.
At that point, Nicole Albert said she was the only one still awake. Her son and husband had already gone to sleep.
Albert testified that the didn't hear or see anything unusual outside her house at any point that night.
A short time later, after cleaning up the house, she said she went to sleep around 2:30 a.m. She said her husband was still awake, lying in bed and watching television.
Between 6 and 6:30 the next morning, she said her sister Jennifer McCabe "came bursting into my bedroom."
"She's saying, 'He's out in the snow, we found him out in the snow, we don't know if he's OK,'" Julie Albert said.
"My immediate thought was just that I thought something had happened to one of my children, something had happened to one of her children. I couldn't imagine what she was doing in my bedroom at this time in the morning."
"She was hysterical," Albert said.
Albert said McCabe eventually told her that O'Keefe had been found outside on their lawn, and that investigators wanted to speak with her and her husband.
Lally also showed Nicole Albert photos of the exterior of her Fairview Road home from January of 2022. And he discussed the Alberts' dog, Chloe.
Nicole Albert said the dog had been up in their bedroom but Brian Albert let her out to go to the bathroom soon after arriving home. The backyard was fenced in, she said.
After that, she said Brian Albert brought the dog back upstairs.
Nicole Albert also testified that she and her husband moved from Canton to Norwood in April of 2023.
"We had always planned to move," she said. "The kids were starting to get older, we were looking to possibly downsize."
She said the decision to sell the home had nothing to do with O'Keefe's death.
During cross examination, defense attorney Elizabeth Little asked Nicole Albert if she observed any sort of tension between O'Keefe and Read at the Waterfall on the night before O'Keefe was found dead. Albert said she did not. She also said she saw no evidence that Read was under the influence of alcohol.
Albert also testified that she saw her husband and his friend Higgins "fooling around" at the Waterfall that night, which Little described as "practice fighting." She also confirmed under questioning that her husband does have training as a boxer.
Little also got Albert to testify that her dog, Chloe, on one instance injured two women who were trying to break up a fight with another dog.
Albert also said that four months after O'Keefe's death, the family rehomed their dog, which they had owned for six years.
Little also pressed Albert on an earlier police interview where she said her daughter, Caitlin Albert, left her house at 12:15 a.m. and not 2 a.m. on the morning O'Keefe was found dead.
"I don't believe I said that," Albert said, indicating that the police investigator might have gotten things misconstrued in her notes.
Albert also testified about a Feb. 3, 2022, conversation with Massachusetts State Police Michael Proctor. Little pressed her on several pieces of information she left out during that interview, including some of the key people who were at her house on the night before O'Keefe died, including her nephew Colin Albert.
"I didn't mention Colin because I didn't consider him as part of the group that we were hanging out with at the Waterfall because he left as soon as I walked in," Albert said. "I didn't even think of him."
Asked by Little about the first thing she remembers waking up to on the morning of Jan. 29, 2022, Albert said, "My sister bombing into my bedroom" between 6 and 6:30 a.m. She said she didn't see any flashing lights or hear any sirens that night, noting that her blinds were closed.
Little pointed out that surveillance footage shows it was actually closer to 6:45 a.m. The defense attorney then referenced two phone calls from Jennifer McCabe to Albert at 6:07 a.m. and 6:08 a.m. that records show were answered.
"I never answered any phone calls from my sister that morning," Albert said. "She may have placed those phone calls to me, but I never answered them... I never spoke to her that morning."
Should 'Turtleboy' be allowed in the courtroom?
Testimony came to an abrupt halt shortly after 10 a.m. due to a motion from the prosecution seeking to have Aidan Kearney, the blogger better known as "Turtleboy," removed from the courtroom. Friday was the first day he was allowed into court in one of the media seats.
Court resumed around 10:45 a.m., with Kearney's attorney, Tim Bradl, arguing that his client should be allowed in the courtroom and the prosecution's motion should be denied. He said there had been no service whatsoever, and the prosecution is seeking to "trample all over" his client's First Amendment rights.
"There's some funny business going on here," Kearney's attorney said. "I don't appreciate that."
"This is more personalized retaliation from the Norfolk County DA's office," he added. "This was adjudicated fully."
Lally then described his motion, saying he isn't asking that Kearney not be allowed to cover the case or watch the trial, only that he not be allowed to attend in person.
"The substantial reason your honor being that Mr. Kearney has been indicted for intimidating witnesses... and specifically witnesses in this case," he said.
Lally said the witnesses have expressed concern and the prosecutors are concerned that Kearney's presence might impact their testimony.
Bradl, however, argued that the witnesses' concern has no legal standing.
"The answer that I have is, 'So what?' This matter has been adjudicated twice. Mr. Kearney has the right to speak on the case, he's gone through all the proper channels to be here... he's just trying to cover the case as best he can. This is just a personal vendetta that's been carried out by the Norfolk County DA's office against Mr. Kearney... there's no reason for this motion to be allowed."
Judge Beverly Cannone affirmed that Kearney has a right to be in the courtroom, but she also needs to make sure that Read has a right to a fair trial. She said that due to the "chilling effect" Kearney's presence will have on the witnesses' testimony, she is going to excuse him from the courtroom during the testimony of several witnesses named by the prosecution, including Julie Nagle, Christopher Albert, Colin Albert, Massachusetts State Police Trooper Michael Proctor, Jennifer McCabe, Matthew McCabe, Brian Albert, Brian Albert Jr., Nicole Albert and Massachusetts State Police Trooper Yuri Bukhenik.
But Cannone said she will not take away Kearney's seat in his absence and he will be allowed to return to court for other witnesses. Nicole Albert was the next witness called to testify after the judge's ruling, so Kearney was required to leave the courtroom prior to the start of her testimony.
Julie Albert testifies about phone conversations
Defense attorney David Yannetti began the day on Friday by picking up a line of questioning from the previous day about how often Julie Albert spoke with her friend Courtney Proctor, the sister of Massachusetts State Police Trooper Michael Proctor, the lead investigator in the Read case.
Albert confirmed that she "rarely" spoke with Courtney Proctor. But Yannetti pointed out that they actually had 67 phone conversations in a seven month period.
"It's not a lot. I wouldn't think it's a lot in seven months," Albert said.
"Three times in one day, is that rarely?" Yannetti said.
"No, but that wasn't every day," Albert replied.
She was also asked if she discussed the O'Keefe death investigation, but said she couldn't remember.
"It was a long time ago, I just don't remember," Albert said.
Yannetti zeroed in specifically on a phone conversation Albert had with Courtney Proctor on Feb. 1, 2022, the day Read was arrested in connection with O'Keefe's death, and three phone conversations she had with Proctor on the following day when Read was arraigned.
"Did the subject of Karen Read's arraignment come up in any of those three calls on Feb. 2?" Yannetti asked.
"I don't remember," she said.
Yannetti also asked about another, 27-minute phone call on the same day, after the arraignment had happened. But Albert said she didn't recall if they discussed Read or the arraignment.
"I don't remember what I was talking about," she said. But she acknowledged "it could have been" about Read's arraignment.
Albert was also asked about Feb. 10, 2022, the day when she and her husband, Chris Albert, were interviewed by Michael Proctor and another state police trooper about O'Keefe's death. That night, Yannetti said she called Proctor's personal cell phone number. But Julie Albert said she didn't recall that phone call.
Yannetti then showed Albert the phone records, but she said she still didn't remember the calls.
"No, I don't deny it, but I don't remember it," Albert said. She also said she didn't remember when she got Michael Proctor's phone number, only that it was a long time ago because she has known the family for some time.
Albert was also asked by Yannetti about the gathering at the Waterfall on the night before O'Keefe's death.
Yannetti again played a portion of the surveillance video from the bar, showing Chris Albert leaving the bar at almost 12:14 a.m. Julie Albert testified that it would take about six or seven minutes to walk from the bar to their home, maybe even a bit longer due to the snowy weather at the time.
Julie Albert said she was upstairs in her bedroom when her husband returned home, and he went right to bed.
Here's a quick look back at Thursday's testimony:
Watch Karen Read trial Day 8 testimony (May 9, 2024)
Chris Albert's testimony
Chris Albert, the brother of Boston Police Officer Brian Albert and a friend of O'Keefe's, testified about how he met up with O'Keefe at the Waterfall Bar & Grill in Canton on the night before O'Keefe's death.
He said he left around midnight, right around when O'Keefe and Read did, and went home to go to sleep. He said his son Colin had been at his brother's house that night celebrating his nephew's birthday, and returned home a short time later.
Albert said he woke up the next morning and his wife told him that O'Keefe had died and had been found on his brother's lawn on Fairview Road.
"I was in shock," he said. "I was like, 'What are you talking about?'"
He said he and his wife went over to his brother's house, where a number of other people had gathered, including several of those who had been at the Waterfall the night before.
Under cross-examination, Yannetti attempted to establish that the Albert family has a long standing in town and is a powerful family, with Albert on the Select Board and a brother who was on the Canton Police Department.
He then started to ask Albert about his connections to Massachusetts State Police Trooper Michael Proctor, the lead investigator in the Karen Read case who is currently the subject of an internal investigation into a potential violation of department policy. Sources have told NBC10 Boston the investigation is connected to the Read case.
Albert confirmed that he has known Proctor for about 15 years.
The defense also sought to establish that Albert and former Canton Police Chief Kenneth Berkowitz have known each other for decades. Albert said Berkowitz once attended a campaign event of his and donated to his campaign for Select Board.
Yannetti even displayed a photo for jurors showing the two of them together at the event.
The defense also asked about Albert's brother, Brian Albert, and his involvement in the Boston Police Department's fugitive unit. Chris Albert testified that he and Brian Albert spent time together at the holidays and would occasionally socialize together.
"You would agree with me that the Albert family is well-known in the town of Canton," Yannetti said in his cross-examination.
"We have a big family," Albert replied.
Yannetti went on to ask if he agreed that "the Albert family is a powerful family in the town of Canton," but the prosecution objected, and Cannone sustained.
Yannetti also got Albert to acknowledge that he and Proctor had attended social events together in the past.
The defense also entered a text exchange between Chris Albert and O'Keefe into evidence where Albert told O'Keefe to come to the Waterfall.
"Get over here," the first text message from Albert said, followed by another that said, "If not I'm going to f--- up your lawn," followed by a laughing emoji.
"It's a joke," Albert told Yannetti.
Yannetti also asked Albert about the amount Albert had to drink on the night before O'Keefe's death. Albert said he was fine and in control of his faculties. He was also asked if he noticed any arguments between O'Keefe and Read.
"I didn't notice anything irregular," he said.
Albert also testified that he was the last person to leave the Waterfall that night. Yannetti questioned Albert about his assertion that he arrived back home between 12:05 and 12:10 a.m., showing a short clip of the Waterfall surveillance video showing Albert leaving the bar just before 12:14 a.m.
"That would mean it would have been impossible for you to get home to Maple Street by 12:05 or 12:10, correct?" Yannetti said.
"Yes," Albert replied.
Albert said the walking distance from Waterfall to his house was about five minutes, meaning he would have actually arrived home closer to 12:19 or 12:20 a.m.
Soon after arriving home, Albert testified that he changed out of his wet clothes and then began to drift of to sleep within about 15 minutes, or about 12:35 a.m. He said his son Colin came home at some point after that and woke him up to say goodnight.
Yannetti tried to get Albert to acknowledge that O'Keefe, who lived nearby, did not like people walking on his lawn. But Albert denied that Colin ever did anything on O'Keefe's lawn that would have annoyed him. He also denied that he knew that O'Keefe didn't like people going on his lawn.
He did say that O'Keefe once yelled at Albert's younger son Dylan for walking on his lawn, but said it was meant as a joke and O'Keefe later brought Dylan candy as a way to apologize.
The jury was also shown a photo of Chris Albert and his wife, Julie, in front of O'Keefe home.
Julie Albert begins her testimony
Julie Albert was the second witness of the day called by the defense.
Lally started by establishing her relationship with O'Keefe. She said they were friends and neighbors and she was friendly with O'Keefe's niece and nephew and met Read in 2021 and had socialized with her on numerous occasions.
She was also asked to talk about the evening of Jan. 28, the night before O'Keefe's death, including the gathering that night at the Waterfall.
Julie Albert testified she was at the Waterfall with husband, recalling Read arriving with a drink under her coat from another bar across the street, C.F. McCarthy's.
She said she spoke with Read. Much of her testimony was similar to her husband's, describing who was at the bar and when they arrived and departed.
She said she had a migraine and left fairly soon after arriving to go home. She said her youngest son was home. Her oldest son was in the Navy and living in California at the time and her middle son Colin was at Brian Albert's home on Fairview Road.
She said her husband returned home sometime after 12, possibly 12:10 a.m., got undressed and went straight to bed. Another 10-15 minutes later, she said her son Colin returned home.
Lally asked if Colin had any injuries, and Julie said he did not.
The next morning, Julie Albert said she woke up around 8 a.m. and went to Dunkin' to buy donuts for her nephew Brian Albert Jr. for his birthday. She noticed a missed call from her friend Jennifer McCabe on her phone from 5:55 a.m., but no voicemail or text message.
She drove to her nephew's home on Fairview Road and pulled into the driveway around 8:30 a.m. She said McCabe's car was in the driveway.
She went to leave the donuts and a birthday card in her nephew's car, but her brother-in-law, Brian Albert, told her to come inside for a second.
Julie Albert said she went into the house, and Brian Albert, his wife Nicole Albert, Higgins and Jennifer McCabe and her husband Matt were already inside.
"Everyone was just sitting there and I was just looking around and everyone was visibly upset and I asked, 'What's going on?' and another maybe 30 seconds went by, and Jen said 'Something's happened to John' and I said 'John?' and she said 'John O'Keefe.' I said, 'Is he OK?' and she said, 'We don't know.'"
She said she then went home to wake her husband up and let him know what happened. They then both went back to Brian and Nicole Albert's home on Fairview Road.
Several days later, Julie Albert said she met with two state police troopers investigating O'Keefe's death.
During cross examination, Yannetti asked Julie Albert to clarify that the interview with the two state police troopers actually took place almost two weeks later instead of just several days later as Lally had said. She said that was the first time any investigators spoke to her and her husband.
Julie Albert also acknowledged that she knew one of the investigators, Proctor, who is the brother of one of her close friends. She said she has spent time at Michael Proctor's childhood home and has been to the pool at the Proctors' home.
She also said she texted regularly with Courtney Proctor, Michael Proctor's sister, but said she didn't recall how often she spoke with her on the phone.
Yannetti asked Julie Albert if she used Courtney Proctor as an intermediary to speak with Michael Proctor about the Read case. Cannone overruled the prosecution's objection, and Albert replied, "No, I did not."
Yannetti said Julie Albert and Courtney Proctor spoke on the phone 67 times, but Albert said she didn't recall the exact number of times.
The defense attorney also asked Albert if she remembered talking with Courtney Proctor on the phone for 12 minutes on Feb. 1, 2022, the date when Read was arrested in connection with O'Keefe's death. He showed her phone records, but Albert said that did not refresh her memory.
Yannetti asked Albert if she spoke with Courtney Proctor on Feb 1., 2022, and she said she did.
"What did you discuss?" Yannetti asked.
"I don't recall," Albert said.
The next day, when Read was arraigned, Yannetti said Albert spoke with Courtney Proctor thee times before the arraignment happened. After the arraignment, he said she spoke with Courtney Proctor for 27 minutes.
Albert acknowledged that she knew Read had been arrested on Feb. 1 and she was being arraigned the following day.
Court adjourned for the day just before 12:30 p.m., with Julie Albert still on the stand. A full day of testimony is expected on Friday, beginning at 9 a.m.
