DEDHAM – The high-profile Karen Learn homicide trial resumed on Thursday as Colin Albert, who the protection claims was one of many individuals who may have been concerned in Boston police officer John O’Keefe’s loss of life, accomplished his testimony.
You’ll be able to watch testimony on CBS Information Boston by clicking on the video participant above.
O’Keefe’s physique was discovered January 29, 2022 on the garden of 34 Fairview Street in Canton. The house was owned by retired Boston police officer Brian Albert on the time, although he has since bought it.
Prosecutors say Learn hit and killed O’Keefe together with her SUV following an evening of ingesting, leaving him to die within the snow. Protection attorneys Alan Jackson and David Yannetti have argued O’Keefe was truly killed throughout a combat inside Brian Albert’s residence and his physique was dragged outdoors.
Choose permits movies that present Colin Albert making threats
Colin Albert, the nephew of Brian Albert, has been a key determine within the protection’s third-party wrongdoer protection. They are saying that Colin Albert and two different males may have been concerned in a combat with O’Keefe inside the house.
Movies from when Colin Albert was in highschool performed a key function within the trial on Thursday.
Throughout cross-examination, Colin Albert testified that he had by no means been in a combat, apart from together with his brothers. Learn’s attorneys requested to play movies that they are saying present that Colin Albert is a violent particular person.
With out the jury current, attorneys questioned Colin Albert concerning the movies, the place he’s heard saying “I’ll f— you up” and “I’ll beat your a–es” to a gaggle of youngsters from one other city.
Colin Albert mentioned that following the movies, there by no means ended up being a combat.
Jackson requested Choose Beverly Cannone to permit him to point out the movies when jurors return to the courtroom. The prosecution countered that the movies are irrelevant to O’Keefe’s loss of life.
“There is not any relevance in anyway to this case,” Prosecutor Adam Lally argued, calling it “juvenile beef.”
“[Lally] says there is not any proof of a combat on this case. John O’Keefe seems to be like he had been overwhelmed to loss of life,” Jackson mentioned. “He does not appear to be he was hit by a automotive. It is as plain because the nostril in your face.”
Cannone known as for a recess for her to look at the movies so she will make a ruling. When Colin Albert returned to the stand, Cannone allowed the movies to be proven to the jury.
“What did you imply by ‘I will f— you up?'” Jackson requested. Colin Albert mentioned “That i used to be going to beat them up.”
“That was a risk wasn’t it?” Jackson requested, prompting a response of “Sure” from the witness.
On re-direct, Lally requested Colin Albert if he ever threatened O’Keefe, if O’Keefe ever threatened him, and if there was any animus between them. Colin Albert mentioned no, and later mentioned he by no means noticed O’Keefe January 29, 2022 at Brian Albert’s home.
Cross-examination of Colin Albert
Below direct questioning Wednesday, Colin Albert mentioned he was ingesting at Brian Albert’s residence the evening of O’Keefe’s loss of life, however left round midnight when Allie McCabe picked him up. Colin Albert testified that he by no means noticed John O’Keefe the evening he died.
Throughout cross-examination on Thursday, Jackson confirmed Colin Albert {a photograph} from Courtney Proctor’s marriage ceremony 10 years in the past the place he was a ringbearer. Courtney Proctor is the sister of Massachusetts State Police Trooper Michael Proctor, the lead investigator within the case.
Learn’s attorneys have mentioned Trooper Proctor was biased within the case due to ties to the individuals concerned.
State police mentioned in March they opened an inside investigation into “a possible violation of division coverage” by Trooper Proctor. He stays on full obligation in the course of the investigation and has denied any wrongdoing. State police didn’t say what prompted the investigation.
Colin Albert later mentioned below questioning from the prosecution that he had not seen Trooper Proctor for a number of years.
Colin Albert’s textual content messages
Jackson confirmed textual content messages from the evening he texted Allie McCabe about choosing him up at Brian Albert’s residence.
The protection lawyer highlighted that after January 29, 2022, Allie McCabe and Colin Albert didn’t textual content message one another till February 20, 2022.
Colin Albert mentioned they message one another on different apps, akin to Snapchat. Jackson requested in the event that they switched to Snapchat as a result of messages are mechanically deleted.
“Is not it true that you simply deleted them or switched apps since you did not need your texts to be found?” Jackson requested, prompting an objection that was overruled. “That is not true,” Colin Albert replied.
Colin Albert answered many questions with “I do not bear in mind,” together with questions on who he offered a screenshot of the messages to and why.
“Do you bear in mind something about this case?” Jackson mentioned. Lally objected, and Jackson withdrew the remark.
Accidents to Colin Albert’s hand
On Wednesday, Allie McCabe was on the stand. She is the daughter of Jennifer McCabe, who protection attorneys have claimed performed a key function in an alleged coverup.
Lally confirmed her photographs of Albert at a household occasion a number of weeks after O’Keefe’s loss of life, trying to spotlight that Colin Albert didn’t have any obvious accidents on his face or arms.
On Thursday, Jackson launched {a photograph} from February 26, 2022 that was taken at Fenway Johnnies in Boston. The photograph exhibits Colin Albert with cuts on his knuckles. Jackson requested the place the accidents got here from.
He mentioned that he was at a celebration and slipped on ice. In line with Colin Albert, he had one thing in his proper hand and when trying to brace himself scraped his knuckles.
“Critically?” Jackson requested, resulting in an objection that was sustained. “These accidents to your knuckles look an terrible lot like the kind of accidents you’ll get in a combat,” Jackson continued.
Colin Albert particulars harassment in Karen Learn case
Close to the tip of his testimony, Lally requested Colin Albert what he meant throughout cross-examination when he mentioned individuals have been writing issues about him “on the web.”
“I would say about just a little over a yr it began when individuals on Twitter, Instagram, social media have been simply coming at my household, calling us murderers, harassing us, exhibiting as much as our doorsteps, our sports activities video games,” Colin Albert mentioned. “We could not depart the home with out individuals taking photos of us and it’s totally horrible.”
Choose is not going to strike Allie McCabe’s emotional testimony
Allie McCabe broke down in tears on Wednesday whereas describing harassment her household has confronted in the course of the case.
Earlier than the jury was introduced in on Thursday, Yannetti requested Cannone to strike Allie McCabe’s earlier testimony. When she was on the stand, Allie McCabe first introduced up the harassment and the protection objected. Cannone mentioned “the door has been opened” and allowed her to handle it.
“I did not even strategy the door,” Yannetti mentioned on Thursday. “It led to a second that [Prosectuor Lally] has been ready for.”
Lally argued that the protection was asking Allie McCabe why it took her so lengthy to provide investigators screenshots of textual content message conversations she had with Colin Albert. Lally mentioned she had “each proper” to elucidate herself.
Cannone denied Yannetti’s request to strike the testimony.
“I disagree with you within the strongest means potential Mr. Yannetti,” Cannone mentioned.
Matthew McCabe testifies
Matthew McCabe, the husband of Jennifer McCabe and father of Allie McCabe, took the stand after Colin Albert.
When O’Keefe didn’t come residence by the morning hours of January 29, 2022, Learn went out to seek for him with Jennifer McCabe and Kerry Roberts. They discovered O’Keefe’s physique on the garden of 34 Fairview Street and known as police.
Matthew McCabe was with the group that included Learn and O’Keefe at Waterfall Bar & Grill in Canton hours earlier than O’Keefe’s physique was discovered.
What’s occurred within the Karen Learn case this week?
The week began with Brian Albert on the stand for cross-examination. He testified that Learn and O’Keefe by no means entered his residence the evening he died. Protection attorneys additionally questioned Brian Albert on why he removed his cellphone the day earlier than he was despatched a preservation discover for his knowledge.
A number of individuals who have been contained in the Fairview Street residence the evening O’Keefe died additionally testified about what they noticed and heard.
Who’s Karen Learn?
Karen Learn is a 45-year-old Massachusetts lady who was relationship O’Keefe on the time of his loss of life.
Learn is dealing with costs that embody second-degree homicide, manslaughter whereas working inebriated, and leaving the scene of non-public damage and loss of life.
She has pleaded not responsible to the costs and claims she is the sufferer of an elaborate coverup involving legislation enforcement.