We are back.
ADA Lally questioning Allison McCabe.
She testifies she did not go into Fairview when she got there.
She says Colin had no injuries, was normal. Detailing her ride to his home. She waited for him to get into his home. She does not remember what they spoke about.
Allison McCabe testified she got home about 12:30, her parents were not home.
When she woke up in the morning her parents were home.
She doesn’t know what time she got up.Lally asking about her State Police interview.
She provided them with text messages from Colin.
The interview was Aug 2023.
She may have upgraded her phone between Jan 2022 & Aug 2023.
Lally asking if all the data transferred.- yesText messages, etc - yesLally gives her a document to review.
She confirms they are the texts.
Yannetti is up with an objection, asks to be heard.
Sidebar
Jurors are being asked to step out by the judge.
The text messages are being entered.
The jury is not in the courtroom.
Lally asking when the texts were exchanged
-Jan 28
Beyond these screenshots, you’ve had other text exchanges with Colin?
-yes
Lally asking a convoluted series of questions, which I don’t understand
Neither does the witness, and the judge asks him to make it simple.
Basically, he’s asking Allison if these screenshots are of the text exchange, and are between her & Colin
Yannetti up now.
The jurors are not in the courtroom.
Yannetti establishing that Allison is well versed with an IPhone, texting and apps.
You know you can delete a text from a thread?
-yes
You click on the trash can.
What happens to message?
- it’s gone
Looking at a screenshot, you couldn’t tell if the message was ever there?
-correct
Yannetti asking when she got her new phone.
Established it was before the Fed Grand Jury hearing.
Where is the physical phone?
-I don’t know
Did an investigator ask for the phone?
-no
Judge interrupts him.
Asks him to stick to the voir dire.
Yannetti says he was laying foundation.
Judge expresses concern for jurors, changes direction and tells him to go ahead.
Yannetti asking Allison McCabe if she knew she could change the time on her cell phone to change the times on texts & photos. He is going into great detail.
Allison says she did not know that. She didn’t do that.
Voir dire is over. Jury coming back in.
Judge asks for a sidebar
Everyone was standing waiting for jury.
Judge directs officer to tell us to sit down. Now they’re here.
Yannetti asks for another sidebar.
Says to jury “Sorry!
Completely my fault”A few of them laugh, as does the judge.
Judge giving the jury instructions again about electronic communication. If it’s more likely than not to you that the communication is from the people it says it’s from, then you can consider it as evidence.
Lally asking about Colin’s contact info.
Allison says she entered it.Confirming it was his number, she texted him before.
Texts on screen say Colin11:54
- you can get me now if easier
Allison12:10
- here
Allston looking at pictures.
She says they are from Feb 11 2022, at Albert’s, pictures were to celebrate a family member coming home from military service. It’s a pic of Colin and Aunt Nicole.
The next picture is of Colin & someone else who is blacked out.
Colin is in a T ShirtIs this a fair and accurate portrayal of how he looked?
Yes
Lally done.
Yannetti up
Yannetti drawing the family connections between the McCabes & Alberts.
Allison agrees Colin is one of her best friends.
You claim text exchange occurred on 1/29
-yes
On 1/29, 30 31 did you hand the screenshot to law enforcement?
- i was never asked
No one asked you?
-correct
Yannetti establishing that no law enforcement asked for screenshot.You didn’t offer it in 2022?
-it wasn’t relevant.
By the summer of 2023 you had switched phones?
-correct
You had a new IPhone?
-correct
You claim you transferred all the data.When did you take that screenshot?
- I don’t remember
Before or after the new phone?
- I don’t remember
Before you got rid of the old phone & got the new one, did any investigator ask for the phone?
-no
Did they offer to an extraction?
-no
Talking about the hearing in 2023, that prosecution & defense weren’t at, is the first time the screenshot came up.
Aug 2023, you were interviewed by Troopers via zoom
-correct
You mother was present?
-ok
She was monitoring?
- I don’t know
You’ve had an IPhone for 7-8 years, you know how to use an IPhone?
-correct
Yannetti going thru what he did in voir dire, all the things you can do with text messages.
What does the trash can icon do?
-deletes messages
The screenshot shows there were no deleted text messages?
- true
But if you had deleted a message, we wouldn’t know?
-true
Yannetti listing all the places apps can be,Yannetti makes a joke “Not bad for an old guy” Gets a laugh from jury, and Allison.
Yannetti asking about the app that their family uses to track the kids.
Yannetti asking like he did on Voir Dire does she know you can change the time on texts & pix via the settings?
-I didn’t know that
I’m not accusing you, but if the time was changed, that’s what would happen.
- yes
Have the State Police asked to look thru your new phone?
-no
When you gave the screenshot to State Police, did they ask to see your new phone?
-no
Did they ask for an extraction on the phones?
-no
At some point you knew you’d be a witness in this case and have the unfortunate experience of talking to me?Objection
Sidebar
To this day no extraction has been done?
-correct
On the zoom interview Aug 25, you said you drove Colin straight home, and you went straight home.
-correct
You’re familiar with the area, you’re a Canton girl?
-yes
What the route you took to pick up Colin?
- I don’t remember.
Don’t know the street names.
Yannetti gives her some landmarks.
- I’m bad with directions.
Establish eventually that she would have passed by the library.
Testifies she got home and stayed home.
Says she got home about 12:30ish
Talking about the Life360 app her family used.
On Jan 29 12:04, you arrived in your home circle.12:06, you left12:23 completed 7 mile drive12:23 you left12:26 you left home12:26 arrive at Canton HS12:26 completed 1 mile drive
12:29 you arrive
1:08 you arrive home
1:28 at high school
I missed a couple of data points,But it does not match her testimony.
Allison disputed every bit of this data.
Asks to see it.
Yannetti offers his readers - she laughs
Does this refresh your memory.
-no
1:28 you arrive at the high school
1:30 you arrive home - it wouldn’t take me 2 minutes to travel from the HS to home
Is the high school one of the bubbles - a general location?
-yes
The last entry is you completed a 12 mile drive at 1:32
Would agree that’s when you arrived home?
- I don’t recall
Yannetti done
Lally up
Establishing the new phone.
Did you delete any info regarding Colin!
-no
Were you aware that you could change time stamps on your phone?
-no
Is the Life360 data accurate?
-the WiFi could have impacted it.
Every data point shown to me said something about WiFi
Lally asking about the relevancy of the screenshot,
She says Colin was not at the house.The door for the discussion about harassment is open.
Allison is directly speaking to the jury about the harassment from a blogger.
She cries, asks for a moment.
Lally asks how long it has been going on.
- a very long time.
Some members of the jury are visibly moved.
Lally is done.
Yannetti had no further questions
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