Crime

Key witness Colin Albert takes the stand in Karen Read murder trial

Prosecutor Adam Lally questioned Albert on Wednesday. Read's defense team is set to cross-examine him Thursday morning.

Witness Colin Albert takes the stand during Karen Read's murder trail. Greg Derr/The Patriot Ledger via AP, Pool

On the stand Wednesday:

Assistant District Attorney Adam Lally finished questioning Albert on direct examination. Judge Beverly Cannone then ended Wednesday’s session, with the defense set to cross-examine Albert when the trial resumes Thursday morning for a half day.

4 p.m. update: Key witness Colin Albert takes the stand

The last to take the stand Wednesday, Colin Albert testified that there was no animosity between him and John O’Keefe, his former neighbor. 

He said he knew O’Keefe from the time they both lived on Meadows Avenue in Canton. Albert’s parents were friendly with O’Keefe, and Albert said he and O’Keefe would sometimes wave at each other. 

Advertisement:

“During the time that you lived on Meadows Ave. or a couple months subsequent to that, was there ever any animosity or any sort of argument or anything that you had ever had with Mr. O’Keefe?” Assistant District Attorney Adam Lally asked. 

“Never,” Albert said.  

Asked how he would describe O’Keefe as a person, Albert replied: “A nice guy. A good guy.”

He explained that he spent some time at a friend’s house the night of Jan. 28, 2022, before heading over to his cousin Brian Albert Jr.’s birthday celebration at 34 Fairview Road. While he confirmed he had been drinking that night, he denied feeling overly intoxicated or drunk. 

Advertisement:

Albert said he stayed at his cousin’s birthday celebration for about an hour-and-a-half before his friend Allison McCabe picked him up at 12:10 a.m. He testified that he didn’t see anything unusual outside 34 Fairview Road as he walked to McCabe’s car. 

Albert also maintained that he never saw O’Keefe anywhere that night, including in or around Fairview Road. He estimated he arrived home around 12:20 a.m.

3:35 p.m. update: Allison McCabe denies deleting messages in her texts with Colin Albert

Allison McCabe broke down on the stand while describing the alleged harassment her family and the Alberts have faced as Karen Read’s case wound its way through the courts.

Earlier on Wednesday, she testified about giving her friend Colin Albert a ride home from 34 Fairview Road shortly after midnight on Jan. 29, 2022. McCabe and Albert are not directly related, but they share mutual relatives — including Nicole and Brian Albert, who owned 34 Fairview Road at the time. 

McCabe confirmed that investigators questioned her in 2023, after Read’s lawyers and supporters suggested Colin Albert played a role in John O’Keefe’s death. However, she maintained that she had already picked Albert up by the time Read and O’Keefe arrived at 34 Fairview Road.

Advertisement:

“What, if anything else, has your family or Colin Albert and his family undergone during the pendency of this case?” Assistant District Attorney Adam Lally asked.

“Well, basically harassment,” McCabe replied, noting that the influx came from “bloggers, people online.” 

She teared up as she described “constant phone calls, emails, awful messages,” and explained that her family has experienced “people showing up at our house, people emailing my school.”

Allison McCabe breaks into tears when recounting the harassment that she and her family have received. Greg Derr/The Patriot Ledger via AP, Pool

McCabe’s parents, Jen and Matt, were out drinking with Nicole and Brian Albert, Read, O’Keefe, and others at the Waterfall Bar & Grille in Canton on Jan. 28, 2022. As the bar outing wrapped up, Jen and Matt McCabe continued on to the Albert home for an afterparty. 

However, Allison McCabe testified Wednesday that she didn’t see either of her parents’ vehicles outside 34 Fairview Road when she arrived to pick up Colin Albert. She said Albert appeared “normal” and didn’t seem overly intoxicated, and she denied seeing any injuries on him as he exited the house.

McCabe testified that she provided Massachusetts State Police troopers a screenshot of the text messages she exchanged with Albert, and Lally displayed the messages in court. The screenshot indicated McCabe texted Albert “here” at 12:10 a.m. on Jan. 29, 2022. 

Advertisement:

On cross-examination, defense attorney David Yannetti pressed McCabe on whether the screenshot or text conversation had been manipulated or altered. 

“It’s your testimony that with regard to the screenshot that we saw, there are no deleted messages in that conversation, correct?” Yannetti asked. 

“Yes,” McCabe replied. 

“However, you would agree … that if a message had been deleted, from a screenshot we’d never know, right?” Yannetti continued. 

“True,” McCabe acknowledged. 

Yannetti also noted that iPhone users can change the time and time zone on their cellphone, though McCabe said she wasn’t aware and hadn’t done so. 

While McCabe estimated she arrived home around 12:30 a.m. on Jan. 29, 2022, Yannetti pointed to data from the locator app Life360 indicating she traveled between her home and Canton High School multiple times between 12:26 a.m. and 1:32 a.m. 

However, McCabe later pointed out that the Life360 notifications Yannetti cited also included notes reminding her to connect to Wi-Fi. She speculated that the Wi-Fi connection could affect the app’s location accuracy, pointing out that some of the recorded trips showed her making the 7-10 minute drive between her home and Canton High School in just a couple minutes.

12:50 p.m. update: Allison McCabe testifies about giving Colin Albert a ride home on Jan. 29, 2022

Witness Allison McCabe testifies. Greg Derr/The Patriot Ledger via AP, Pool

Allison McCabe testified that Colin Albert texted her on Jan. 29, 2022, to ask for a ride home from their mutual cousin’s birthday celebration at 34 Fairview Road. 

McCabe and Albert went to school together and were part of the same friend group, she explained. She also noted that their families are close, although she and Albert aren’t directly related. Nicole and Brian Albert, who owned 34 Fairview Road at the time, are aunt and uncle to both McCabe and Colin Albert.

Advertisement:

McCabe testified that she was driving around Canton on Jan. 28, 2022, following a team dinner and a high school basketball game. She said Colin Albert reached out around midnight to ask for a ride home, adding that Albert needed a ride because he had been drinking at some point that night.

She said she texted Albert after she arrived at 34 Fairview Road, and he exited the house and got into the front passenger seat. From there, McCabe said she dropped him off at his house and returned home.

12:40 p.m. update: Driver testifies that he didn’t see anyone exit SUV outside Albert home 

Witness Richard D’Antuono testifies. Greg Derr/The Patriot Ledger via AP, Pool

Richard “Ricky” D’Antuono, who drove Ryan Nagel and Heather Maxon over to 34 Fairview Road on Jan. 29, 2022, testified that he saw another vehicle ahead of him as he pulled up outside the Albert home sometime after midnight.

D’Antuono said he didn’t observe any damage to the other vehicle while he was parked behind it. He said the car appeared to be running, adding, “There were either taillights or brake lights [illuminated]. I’m not sure which ones.”

D’Antuono also testified that he didn’t see anyone get out of the vehicle and didn’t make any observations about the vehicle’s occupants as he pulled away. 

Assistant District Attorney Adam Lally clarified, “At any point in time that you were outside of that residence, at any point, did you observe anybody get up out of that vehicle, or exit that vehicle, or go toward the house from that vehicle, or come from the house toward that vehicle?”

Advertisement:

“I don’t believe so,” D’Antuono replied. 

On cross-examination, defense attorney David Yannetti confirmed that D’Antuono didn’t give his first statement to investigators until May 2023.

Noon update: Woman who was in car outside Albert home testifies about SUV

Heather Maxon, who accompanied her then-boyfriend Ryan Nagel to 34 Fairview Road on Jan. 29, 2022, also testified about seeing an SUV outside the Albert home that morning.

Nagel’s friend Ricky D’Antuono was driving, Maxon recalled, and yielded to the SUV as both vehicles turned onto Fairview Road. At that point, “I noticed a male and a female in the car,” she testified. “The female was driving, and the male was in the passenger seat.”

The SUV pulled up outside 34 Fairview Road ahead of D’Antuono’s truck. Maxon denied seeing any damage to the SUV’s rear and said she did not see anyone exit the vehicle.

Witness Heather Maxon testifies. Greg Derr/The Patriot Ledger via AP, Pool

She further testified that she saw a woman sitting in the driver’s seat as D’Antuono drove off and passed the SUV, though she didn’t see what the woman was doing. Maxon said she did not see the male passenger in the vehicle at that time, though she acknowledged she wasn’t looking intently. 

“Fair to say that you would’ve seen a 6-foot man walking away from that car, going towards the house?” Assistant District Attorney Adam Lally asked. 

“Correct,” Maxon replied. 

“You were at a vantage point where you would’ve seen that had that occurred, correct?” Lally asked. 

Advertisement:

“Correct,” Maxon said. 

“And you didn’t see that?” Lally continued. 

“I did not,” Maxon answered. 

11 a.m. Julianna Nagel’s brother testifies about seeing a black SUV outside the Albert home

Following his sister’s testimony about seeing a “black blob” on the lawn outside 34 Fairview Road, Ryan Nagel took the stand Wednesday and spoke about seeing a black SUV pulled up outside the home early on Jan. 29, 2022.

Nagel recalled going out drinking with friends that night. He said his friend drove him and his then-girlfriend over to Fairview Road sometime after midnight to give his sister, Julianna, a ride home.

Nagel testified that he noticed a black SUV turning onto Fairview Road as his friend drove over to the Albert home. The SUV pulled up outside 34 Fairview Road ahead of Nagel’s friend, and Nagel testified that he saw the SUV’s brake lights were on.

He said he did not observe any damage to the SUV at that point, adding, “It was dark out.” 

“As far as around the vehicle, at any point in time did you observe anybody exit the vehicle or be outside of the vehicle or anything like that?” Assistant District Attorney Adam Lally asked. 

“No, sir,” Nagel replied. “No, I did not.”

“And did you see anybody go from the vehicle to the house?” Lally asked. 

“No, sir,” Nagel said. 

He said he didn’t see any footprints in the snow but acknowledged, “It was late at night, and I wasn’t really looking for any of that.”

Witness Ryan Nagel on the stand. Greg Derr/The Patriot Ledger via AP, Pool

Julianna Nagel ultimately decided to find another ride home, and as Ryan Nagel’s friend drove away, Nagel said he noticed a woman sitting in the SUV’s driver seat with the interior lights on.

Advertisement:

“It seemed like she was looking straight ahead with her hands at 10 and two on the steering wheel,” Nagel said.

Asked if he saw someone else inside the car at that point, Nagel answered: “I only saw one person at the time. I wasn’t really looking. It just happened to be, like, at a glance as we drove by.” 

On cross-examination, defense attorney Alan Jackson asked whether the SUV’s taillights were all intact.

“To my acknowledgement, yes,” Nagel replied. “I mean, I’m not there to look at a car and be like, ‘Oh, is there any damage on a vehicle?’ It’s 12:30 at night, obviously I had a few drinks. I’m not looking for that. I just noticed that the brake lights were on.”

Jackson questioned Nagel about the SUV’s movement. 

“At any point, did you see that SUV in front of you drive up 50 or 60 feet, slam into reverse, and then drive backward?” he asked.

“No,” Nagel replied.

“At any point, did you see that SUV reverse and hit a pedestrian?” Jackson asked. 

“No, sir,” Nagel said. 

“At no point did you see a person laying on the lawn?” Jackson continued. 

“No,” Nagel answered. “But I also wasn’t looking.”

10:30 a.m. update: Forensic scientist testifies that no canine DNA was found on swabs taken from a shirt in the John O’Keefe murder investigation

Swabs taken from a shirt in the John O’Keefe murder investigation turned up no signs of canine DNA, according to a forensic scientist with the University of California, Davis Veterinary Genetics Laboratory Forensic Unit.

Advertisement:

The forensic scientist, Teri Kun, explained that prosecutors asked her lab “to determine species via canine qPCR,” a test that helps determine how much DNA is in a sample. 

“The next goal they asked is if we could develop a DNA profile to possibly use for a comparison with a reference sample to be submitted later,” Kun said.

Karen Read’s lawyers have suggested that O’Keefe’s injuries may have come from a physical altercation and a dog attack, rather than a collision with a car. They’ve pointed specifically to the Albert family’s former pet dog, a German shepherd named Chloe. However, prosecutors previously asserted there was no canine DNA found on swabs taken from O’Keefe’s clothing in areas near his injuries.

In court Wednesday, Assistant District Attorney Adam Lally showed photos of the two swabs Massachusetts State Police investigators submitted to Kun’s lab. Kun testified that the lab did not find any canine DNA during initial testing and performed a second test that checks for DNA from 12 different species, including dogs, cats, rats, pigs, and rabbits. This test was also negative for canine DNA, she said.

Kun noted that testing did, however, show pig DNA on the swabs. 

“As far as the pig is concerned, what, if anything, could that be from?” Lally asked.

“You know, I don’t know where that could come from,” Kun answered. “That would be speculation on my part. It’s a sensitive test, I can tell you. It would depend on where that shirt had been and what the person had been doing with it.”

Advertisement:

She confirmed the DNA could be from food, such as cooked pork or bacon. On cross-examination, defense attorney Alan Jackson confirmed the pig DNA could have come from other products, as well. 

“Could it come from dog treats?” he asked. Yes, Kun replied. 

Teri Kun testifies. Greg Derr/The Patriot Ledger via AP, Pool

Answering other questions from Jackson, she also confirmed that dog claws are generally not a good source of canine DNA for testing purposes, though the claws themselves can provide DNA. The brunt of Jackson’s cross-examination focused on best practices for collecting and lab testing evidence samples.

“The Massachusetts State Police did not send you any actual items of clothing or cuttings or source material, did they?” he asked. 

“No, they did not,” Kun confirmed, adding that she only received the two swabs.

“You’d agree that your analysis of those swabs is only as good as the starting material with which you have to work?” Jackson continued. 

“That would be correct,” Kun said. “I only have the swabs to test. That’s the only thing I can talk about.”

“So the integrity of any DNA testing has to start foundationally with the proper recovery techniques for what’s being tested, what goes on the swab?” Jackson pressed.

“I have no idea how the agency collected the swabs,” Kun replied, confirming she was not present when the swabs were taken. 

Jackson emphasized the record-keeping done at Kun’s lab to track who comes into contact with a sample, as well as the protocols to avoid cross-contamination. He also asked about what would happen if samples were packaged incorrectly. 

Advertisement:

“What I have seen when something’s been packaged incorrectly is I have seen the induction of mold growth, which causes bacteria, which eats away at DNA,” Kun explained. “So it doesn’t give me contamination, but it does mean I don’t see DNA.”

Throughout this line of questioning, Jackson appeared to weigh the policies and procedures Kun described against the evidence collection and testing practices state and local investigators used in Read’s case. 

“When you’re collecting … tissue samples — for instance blood, other biomaterials — you would not want to package those in plastic, because that would encourage some sort of mold growth?” he asked at one point. 

“Mold and bacteria, yes,” Kun replied. She confirmed that it’s discouraged to put blood samples in plastic containers and testified about using sterile materials throughout the collection and testing process.

“You wouldn’t use a Solo cup?” Jackson asked, prompting an objection from prosecutors. Judge Beverly Cannone sustained the objection.

9:30 a.m. update: Julianna Nagel says she would have called 911 if she thought the ‘black blob’ was a body

Witness Julianna Nagel continues her testimony. Greg Derr/The Patriot Ledger via AP, Pool

Julianna Nagel previously testified that she couldn’t make out the “black blob” she spotted outside 34 Fairview Road early on Jan. 29, 2022, and wasn’t sure at the time whether or not it was a person. 

She said she spotted the object near the flagpole on the front lawn as she was driven past the home around 1:45 a.m. that morning. John O’Keefe’s body was found in the same area just hours later.

Advertisement:

“Had you realized that was a body, what would you have done?” Assistant District Attorney Adam Lally asked Nagel on redirect examination Wednesday.

“I would’ve, you know, called 911 if I’d thought I thought it was an actual body,” Nagel replied. “And told everybody else in the car as well.”

Livestream via NBC10 Boston.


Karen Read is back in court Wednesday for another full day of witness testimony.

Jurors are slated to hear additional testimony from Julianna Nagel, who attended her friend Brian Albert Jr.’s birthday celebration at his parents’ home on Jan. 28, 2022. Nagel testified Tuesday that she saw a “black blob” on the front lawn of 34 Fairview Road as she was driven past the home around 1:45 a.m. on the 29th.

More on Karen Read:

“I did notice something out of the ordinary, like a black blob on the ground by the flagpole,” Nagel said.

John O’Keefe was found injured and unresponsive in the same area later that morning. 

Prosecutors say Read left O’Keefe — her boyfriend of two years — mortally wounded in the snow after backing her SUV into him sometime after midnight on Jan. 29, 2022. The 44-year-old was allegedly driving drunk following a night out with friends and had driven to 34 Fairview Road for an afterparty. 

However, lawyers for the Mansfield woman say she was framed in a massive coverup meant to protect the Alberts, a well-connected local family. They allege O’Keefe was beaten inside the home and possibly attacked by the family’s dog, a German shepherd named Chloe. 

Advertisement:

Nagel testified Tuesday that the object she saw on the Alberts’ front lawn was about five or six feet long, though she couldn’t tell what it was. On cross-examination, defense attorney David Yannetti pressed Nagel on whether she believed the object was a person.

Nagel also confirmed that she did not ask Brian Albert Jr.’s aunt and uncle, who were giving her and another woman a ride home, to stop the car or alert the homeowners about the object. 

“The fact of the matter is, you did nothing, right?” Yannetti asked. 

“Yeah,” Nagel replied.  

“And that’s because you did not see a body on that lawn, correct?” Yannetti followed. 

“I mean, I don’t know what I saw,” Nagel said. “But I saw an object.”

Karen Read sits at the defense table during her murder trial on Tuesday, May 14, 2024. – Nancy Lane/Boston Herald, Pool
Profile image for Abby Patkin

Abby Patkin

Staff Writer

Abby Patkin is a general assignment news reporter whose work touches on public transit, crime, health, and everything in between.

To comment, please create a screen name in your profile

Conversation

This discussion has ended. Please join elsewhere on Boston.com