Trial Day 1

[inaudible 00:08:29].

All right, counsel.

Yeah, yeah.

Court, all rise. Hear ye, hear ye, hear ye. All persons having anything to do before the Honorable William Sullivan, Justice of the Superior Court now sitting in Plymouth, within and for the Commonwealth. Draw near, give your attention and you shall be heard. God save the Commonwealth of Massachusetts. This court is now in session. Please be seated.

Good morning, Your Honor. May I proceed?

Yes, please.

Your Honor, before the court today, we have a jury trial in the matter of Commonwealth versus Lindsay Clancy. Ms. Clancy is present. She is represented by Attorney Kevin Reddington and the Commonwealth is represented by Assistant District Attorney Jennifer Sprague and Assistant District Attorney Shannon Buckingham. Your Honor.

All right.

Thanks. All right. Thank you, everyone. I'm sorry that's the technology that we have here, I apologize. Before we get going, I want to ask you just a couple of questions to make sure that everyone was able to follow my instructions from last week. And so the first question would be, has any member of the jury read, seen or heard or overheard anything about any aspect of this case that would affect your ability to be fair and impartial as a juror? All right. All answered no in the negative. Number three, the last question I just want to ask, is there any other serious matter or concern bearing on your service as a juror in this case that anybody needs to bring to my attention? All right, very good. Thank you again for following those instructions. And Madam Clerk?

Ladies and gentlemen of the jury, please stand and raise your right hand. Do each of you solemnly swear that you shall well and truly try the issues between the Commonwealth and the defendant at the bar, according to your evidence, so help you God?

I do. I do.

Thank you. You may be seated. Members of the jury, harken to these indictments. On Docket Number 2383CR00198, Offense 001 on the charge of murder, the jurors for the Commonwealth of Massachusetts on their oath present that Lindsay M. Clancy of Duxbury in the county of Plymouth on or about January 24th, 2023 at Duxbury in the county of Plymouth did assault and beat Cora Clancy, intend to murder her and by such assault and beating did kill and murder said Cora Clancy. On Docket Number 2383CR00198, Offense 002 on the charge of murder, the jurors for the Commonwealth of Massachusetts on their oath present that Lindsay M. Clancy of Duxbury in the county of Plymouth on or about January 24th, 2023 at Duxbury in the county of Plymouth did assault and beat Dawson Clancy with intent to murder him, and by such assault and beating, did kill and murder that said Dawson Clancy. On Docket Number 2383CR0019 [inaudible 00:20:41] Offense 003 on the charge of murder, the jurors for the Commonwealth of Massachusetts on their oath present that Lindsay M. Clancy of Duxbury in the county of Plymouth on or about January 24th, 2023 at Duxbury in the county of Plymouth did assault and beat Callan Clancy, intend to murder him, and by such assault and beating, did kill and murder the said Callan Clancy. To these indictments, the defendant at the bar pleads not guilty and for trial places herself upon the country, which country you are. You were sworn to try the issues. If she is guilty, you shall say so. If she is not guilty, you shall say so and no more. Members of the jury, hearken to your evidence.

All right. Thank you, Madam Clerk. Now, members of the jury, and really this is the first time I can technically call you members of the jury because you don't become the jury in this case. So you take that great oath that was just given. And that's an oath that has been given to jurors for hundreds of years here in the Commonwealth of Massachusetts where you've sworn to well and truly try this case. We have confidence that you're going to be able to do that. And so what I'm going to do at this point is I'm going to give what we call a pre-charge, right? And all that really is an orientation to you to the procedures that we're going to have as the case goes forward and go over some of the terminology that you might hear to give you a little bit of an idea what some of the principles of the law are that you'll have to apply to the facts as you find them. So as we go through this, just again, I'm going to explain it, and then after that, we're then going to go right into the opening statements of counsel, all right? So first, as you know, this is a criminal case and the defendant was charged by the way of an indictment on three counts, right? Now, you have to understand that an indictment is not itself any evidence of the defendant's guilt, whatsoever. It's merely the formal way of accusing a person of a crime in order to bring her here to this courtroom for trial. You are not to draw any inference of guilt from the indictments or from the fact that she was indicted and formally charged. Now, in every criminal case, the defendant is presumed to be innocent unless and until she's proven guilty beyond a reasonable doubt. The law requires the Commonwealth, that is the prosecution, to prove that the defendant is guilty beyond a reasonable doubt. The law does not require the defendant to prove her innocence or to produce any evidence. At the end of this trial, you must find the defendant not guilty unless the Commonwealth has proved to you beyond a reasonable doubt that the defendant has committed each or any of the offenses with which she's charged. Now, I'll more formally instruct you on what reasonable doubt is later. But a charge is proved beyond a reasonable doubt, if after you've compared and considered all the evidence, you have in your minds an abiding conviction to a moral certainty that the charge is true. It's going to be your duty, the duty of the jury, to determine whether the Commonwealth has proved its case against the defendant beyond a reasonable doubt. And that decision has to be based only on the evidence and the law that's presented here in the courtroom during the trial of this case. Now, the defendant has been charged in three counts of murder. There are two different degrees of murder. There's murder in the first degree and murder in the second degree. If you find the defendant guilty of murder, you shall decide the degree of murder. The Commonwealth alleges that the defendant committed murder in the first degree on the following theories. Murder with deliberate premeditation and/or murder with extreme atrocity or cruelty. Now, to prove the defendant guilty of any crime, the Commonwealth must prove beyond a reasonable doubt that the defendant was criminally responsible at the time the alleged crime was committed. The Commonwealth bears the burden of proving beyond a reasonable doubt that the defendant committed the crime with which she's charged and also that the defendant is criminally responsible for her conduct. The defendant has no burden to prove a lack of criminal responsibility. Criminal responsibility is a legal term. A person is not criminally responsible for her conduct if she has a mental disease or defect, and as a result of that mental disease or defect, lacks the substantial capacity either to appreciate the criminality or the wrongfulness of her conduct or to conform her conduct to the requirements of the law. Now, just so you know, at the end of this trial, I will go over all of those legal principles in much greater detail, all right? So I just wanted to give you a little bit of an outline of what the law is on these charges. Now, I want to go over how the trial is going to proceed. So that, as soon as I'm done giving you this pre-charge, the attorneys for the Commonwealth and the defendant will have an opportunity to present their opening statements. The Commonwealth goes first. The Assistant District Attorney will make her opening for the Commonwealth. And after that, the defense may choose to make an opening statement at that time. They could defer to give it later in the trial or they could just not give an opening at all, because you remember, the burden of proof is not on the defendant, all right? After the opening statements ... One thing I did want to tell you, the opening statements are very important, but they are not evidence, all right? They're really, at least to call it when I was a lawyer, just roadmaps. So you could see where the case is going. So you can see what each party's position is, all right? But they're not evidence and it's important for you to keep that in mind. After the opening statements, the Commonwealth will then have their opportunity to introduce evidence in support of the charges. After that, the defendant may present evidence in her behalf if she wishes to, but she's not obligated to do so at all. Remember, the government, the Commonwealth, has the burden of proof and the defendant doesn't have to produce any evidence, whatsoever. Now, there also in this case may be some rebuttal evidence. And we'll go over that, how that works in regards to the case when we get to that point, all right. Now, what is the evidence? Well, the evidence is generally from testimony. This is where the witnesses will testify from generally here. There may be some documents. There may be some videos. There may be some audios. And in addition to the evidence, we're going to take what we call a view. And a view, and I'll go over that again also a little bit later, but a view is we're just going to go to a number of spots and sites that may be relevant in this case. We're going to do that probably sometime either later this week or sometime next week. And I'll keep you advised as to that, so you can check the weather and how we're going to go. So that would be generally the evidence. After the evidence is done, we'll go into what they call the closing arguments of the attorneys. Again very important, but not evidence, all right? And then after the closing arguments, I get to come talk to you again. And at that point, I give what they call the judge's charge or just the instructions. And really what it means, I'm just going to explain to you what the law is. And you're going to have to take the facts that you find during the course of this trial and apply the law that I give to you to arrive at the verdict. And I'll explain what the law is. Believe me, much more detailed at the end of this trial, okay? Now, I just wanted to go over everybody's function in this trial as we go forward. My function is pretty simple, all right? My function is to see that the case is tried in a way that's orderly, fair and efficient. It's also my function to decide on questions of law that might come up during the trial, and as I said, to instruct you what the law is that you have to apply. And it's your duty as jurors to accept the law, as I stated to you, all right? Well, what's your function? Well, your function is to determine the facts in this case. You are the sole and exclusive judges of the facts. You alone will determine what evidence to believe, how important any evidence is that you do believe, and what conclusions all the believable evidence leads you to. You are going to have to consider and weigh the testimony of each and all the witnesses who will appear before you and you alone will determine whether to believe any witness and what extent to which you do believe that witness. It's going to be your responsibility to resolve any conflicts and testimony that might arise during the course of the trial and it's your duty to determine where the truth lies, all right? That's your function. Now, you should ... I want to comment. I'm going to sometimes be making rulings on objections and evidence issues. I'll be talking to the attorneys and talking sometimes to witnesses. Don't try to read into what I'm doing. In other words, I have no opinion as to what your verdict should be, all right? So if you think you are, you're trying to read between the lines, don't, all right? I have no opinion. Now, also during the course of the trial, you may hear either the three lawyers objecting, all right? Don't hold that against the attorneys. That's their job, all right? And generally, the objections go towards the admissibility of some of the evidence or the questioning. It might be a different form that's needed and that's what they're supposed to do. So don't hold it against either side if they're making objections. And what'll happen is sometimes I'll just rule right from here where I'm sitting. It may be an objection. If I say, "Well, that's sustained," that means I agree with the objection. And a lot of times the question is just asked a different way. If I say overruled, just means I disagree with the objection and the question can go forward and the answer can be given, all right? So that's just the shorthand we use. There's going to be times during the course of a trial that I have to talk to counsel over at sidebar. When I say sidebar at this point, that's going to be over here, all right? In this courtroom, this is the sidebar. And so a lot of times I'll have to talk to counsel over here because the law requires me sometimes to make decisions outside of your hearing, all right? So we do that over here. It can be annoying. I know that. But we do it over here because it's actually quicker than if we ask you to leave the courtroom because you've now seen, you'd have to stand up, file out one by one, all the way down to the jury room. The court officer then says, "They're all in the jury room." Then I talk to the lawyers, then we resolve that. You have to then file all the way back. So we found it's quicker. And so a lot of times those things really move a case along. So I apologize if we're doing them, but that's the reason we do it. And that's the reason why we do it in the courtroom. If we're doing a sidebar conference, if anybody needs to stand up, stretch, you have a bad back, those are pretty comfortable chairs, but maybe sitting there for a while, by all means, do that. But when we're over here at sidebar, don't discuss with any of the other jurors what's going on or what you think's going on over here, all right? So if you just want to stretch, you can. Now, if during the course of this trial, anybody needs to communicate with me about anything, just let the court officer know and they'll let me know and I'll talk to the attorneys and we'll deal with any of your concerns or any issues. Now, until this case is submitted to you after my final instructions, you must not discuss it with anyone, even your fellow jurors or your family, friends, employees, all right? So it's important that you keep an open mind and not decide this case in any way until the entire case has been submitted to you, all right? And that sounds easy at this point because you haven't heard anything, but as the case gets going, it gets harder and harder sometimes, even in the jury room. You can't start deliberating until you hear all the evidence. You can't start talking about until you hear all the evidence, until you know the law that you got to apply, all right? We're going to allow you as the case goes forward to take notes, all right? And so anybody who wants to take notes, you can. You don't have to. Some people find it helpful to remember. Some people find it distracting. So it's up to you. That's your option, all right? You should know that those notes are your notes. By that, we can't let you take them home, but at the end of each day, they're collected. They're put in a secure place. Nobody reads them. I don't read them. The attorneys don't read them. Nobody reads them. At the end of the trial, they're destroyed, okay? But just some people, if you want to do it, we'll hand those out in a couple of minutes. Now, I want to just kind of go over just some cautions as we're getting ready to start this trial, all right? First is, as I said already, please keep an open mind. Don't form any judgments or conclusions or views as to any aspect of this case. You haven't heard all the evidence and you must keep an open mind throughout this case and until the case is given to you in your deliberations. Two, as I said, don't talk about this case, about any aspect of the case with family, friends, acquaintances or anybody like that. Three, don't talk to any of the witnesses or parties or attorneys involved in this case. They-

Any of the witnesses or parties or attorneys involved in this case, they've been instructed not to talk to you. We really want you to be comfortable. All right. And so, if you do pass by one of the people involved in the case, if they go by you and don't say anything to you, don't hold it against them. Don't think they're not being respectful. They're following my instructions. We just want you to be comfortable throughout the course of this trial. Now, another caution is during the time that you serve on this jury, there may be reports about this case in newspapers or social media or on the television. You may be tempted to look or listen. Don't do it. All right. My instruction to you is do not read anything about this case. Don't listen to anything about this case. If something comes on, turn it off. Or if somebody starts talking about it, just say you can't talk about it and you can blame me. That's my instruction. All right. Now, sometimes during the course of a trial, evidence is presented that produces an emotional reaction, and that might happen in this case. But as jurors who have taken the oath to follow the law, I'm instructing you that the law says you must separate any emotional reaction on your part from the informational value and weight of the evidence. You must find the facts in this case based only on the evidence. All right. I may go into that a little bit later, but I just wanted to remind you of that in regards to that. Don't do any research on this case. All right. If you have any questions about things as you go forward, you're not to do any independent research. As I said before, we've got three very, very experienced lawyers. They'll get you the information that you're going to need to come to the right verdict. All right. You can't do any research. The other thing is don't visit the scene of any place that's described during the course of the testimony. So, no field trips. All right. As I said, we very well may be taking a view or to go see some of these places later on in the trial, but that's the only time you should be there, because at that point you'll be under the supervision of the court officers, the court, the attorneys will be there. So, that's the only time you're going to be allowed to do that. Now, I think the reason for all of these cautions is probably pretty clear, but it's just we need to ensure that a fair and just trial is given to all the parties in this case. So, if you follow those instructions, you'll be able to do that. In regards to the schedule, as I told you, what we're generally going to do is go start at 9:00. We're going to go to 11:00. We might be off kilter a little bit today, because of this part of the procedures. Go to 11:00, then we'll go till 1:00. There'll be a break from 1:00 to 2:00. And we'll generally go 2:00 to 3:30 or 4:00. All right. Now, after saying that, as I told you, I think everybody, this is a case that we may not be sitting every day. All right. And we may have to break early on certain days. So, what I'm going to try and do, as best I can, is give you as much notice and explain to you where we are as we go through the case. So, that being said, we're not sitting tomorrow. All right. Something's come up that has nothing to do with any of the participants, but we can't sit. So, the thought would be we'll hopefully go most of the day today, and then Wednesday, Thursday, Friday. All right. As the week goes on, then I'll address you about how it looks for the next week. All right. And we'll try as best we can to keep you up to date in regards to the schedule and also the progress that we're making on this case. All right. So, that's pretty much what I wanted to address you in this pre-charge. These instructions are very preliminary. They're intended, as I said, just to acquaint you with the procedure and the framework of how this case is going to go forward. I'm going to talk to you later on in the trial in a much more detailed explanation of what the law is and what your obligations are. But I know, I know that you're going to try this case according to the oath that we talked about, that you took as jurors where you promise you would well and truly try the issues between the defendant and the Commonwealth according to the evidence and the law. If you follow that oath and try this case without fear or prejudice or bias or sympathy, you'll arrive at a true and just verdict. I'm confident of that. And also have confidence in yourself. All right. You can do this. The lawyers and I asked a number of questions and we all decided and chose that you would be the people who could make this decision. So, everyone has confidence in you. You should have confidence in yourself in regards to sitting on this jury and delivering the just verdict on this. So, at this point, I'm going to now see if the Commonwealth is prepared to give their opening statements. Commonwealth. Ms. Buckingham? Sorry.

Thank you, Your Honor. Morning, ladies and gentlemen. Cora, she had just turned five. She was sweet, silly, smart. She loved sparkly dresses and wearing bows in her hair. She loved princesses and baby dolls. She even tried to convince her preschool teachers at the beginning that her name was Sophia because she loved the Disney character, Sophia the First, so very much. Dawson, he was three. A boy's boy. He was a bit rambunctious, but funny, full of energy. He loved trucks, construction trucks, fire trucks, and he spoke with a raspy little voice. Callan, Callan was just eight months old. Always smiling with chunky cheeks. A sweet little baby. We are here, ladies and gentlemen, because they are not. They were strangled, deliberately and meticulously killed by this defendant on January 24th of 2023. One by one, she wrapped exercise bands around each one of the kids' necks and pulled until their little bodies were limp and lifeless. First Dawson, then Cora, and finally Callan. Your job, ladies and gentlemen, is not easy in this case. The evidence will be difficult to see, to hear, to process. Testimony of witnesses, family, friends, teachers, people who knew the Clancy family, people who saw them regularly, people who saw them on the day in which this defendant killed them. They're all going to come before you. And it may be heartbreaking to hear what they have to say. You'll see photographs of the crime scene. You'll hear testimony from first responders. They're going to tell you about what they discovered when they came into the Clancy home at 47 Summer Street in Duxbury on January 24th. You'll hear evidence about the defendant during that time period, observations of her physical appearance, her demeanor. You'll hear testimony about what she was reporting to her friends and family and doctors during this time period. The list of witnesses is quite long. Law enforcement, firefighters, friends, family, teachers, crime scene investigators, forensic scientists, toxicologists, medical examiners, experts. We expect over the next few weeks that you'll be able to or will be able to present to you a clear picture of what was occurring in the Clancy household on January 24th of 2023. We ask that you keep an open mind when you're hearing this evidence. And during the course of the trial, don't forget that you use your common sense and your life experience. Those are things that you bring as jurors to the courtroom every day, and it's what's going to take you into the deliberation room at the end of this trial. So, what happened? On January 24th, 2023, it had recently snowed. It was in fact a Tuesday. Tuesdays were days that Cora and Dawson usually went to preschool. They attended the Learning Sprouts Preschool in Duxbury, but they didn't attend on Tuesdays. So, on this day, they were home. On this particular day, Cora, who had just turned five, had an appointment at the doctor's, an annual checkup. And so, the defendant brought her first thing in the morning to the doctor's. Defendant's husband, Patrick Clancy, was home and he was caring for Callan and Dawson while defendant took Cora to the doctor. Pretty normal. You'll hear and see that Patrick and the defendant exchanged text messages that morning. Patrick sends a photo of Dawson who had just dressed himself that day and he was jumping for joy. And he sends that text to the defendant while she's at the doctor. And while at the doctor, the defendant sends a text of Cora and her little Johnny and mask to Patrick. When the defendant and Cora returned home that morning, Patrick went downstairs to his basement office to do work. They made it as he had normally done on any other day since returning from paternity leave. And then the defendant was charged caring for the kids for the rest of the day. She put Callan down for a nap, bundled up Cora and Dawson, took them outside to the backyard and played in the snow. They built a snowman. The defendant sent pictures of the snowman and the kids in the snow to Patrick when he's working in the basement and her mom who was living in Connecticut, who had just been there that weekend, but had gone home. The day proceeds as normal. You'll hear Patrick describe it as a good day, actually. In the late afternoon around 4:00 p.m., the defendant searched on her phone for kids' MiraLAX. She searched Takeout ThreeV and she opened the Apple Maps on her phone and searched the route that it would take to get from their house to the ThreeV Restaurant in Plymouth. She searched how much time and how far it was. Now, this restaurant had been a place that the family had eaten before, but wasn't their normal takeout spot. She also called CVS and asked them about the kids' Pedia-Lax or MiraLAX. And that's because at the doctor earlier that day, the doctor had recommended a laxative for Cora, because she had some stomach issues. She had complained of an upset tummy at school the day before. You'll hear she had some issues where she didn't like to go to the bathroom at school, a little bit embarrassed. So, they suggested the Pedia-Lax. So, she calls CVS and she confirms that they actually have it at their local CVS in Kingston. Then she sends a text to Patrick and asks if he wants to get takeout, if ThreeV is okay. She didn't feel like cooking dinner. It was a long day. He says, "Sure." She calls in the order. When Patrick leaves the house around 5:15 that evening, everything is normal. Seems normal. He sees Dawson eating chicken nuggets and green beans on the couch before he walks out the door. Patrick leaves to go to ThreeV and he's going to stop at CVS on the way there. That's when the clock starts, ladies and gentlemen. The defendant knows that Patrick has to stop at CVS, go to ThreeV. She knows that it's about five miles from their house to get to the restaurant. She knows it's approximately how much time she has for him to go there and come back. She then takes the children down into the basement. She separates Dawson from Cora and Callan. And then she proceeds to wrap exercise bands around each child's neck and pull until they're dead. He leaves the bands wrapped around each child's neck and goes back upstairs. In the kitchen, she gets a knife and then she proceeds to the second floor of the home. In the middle of this, she misses a call from Patrick. He's at CVS. He misses the call. She calls him right back and they talk for 14 seconds. Nothing that she does or says in that phone call is of concern to Patrick. He proceeds on his task and she proceeds with hers. She goes to the second floor master bedroom, locks the door, crushes up some pills and attempts to take her own life. She uses the knife she got in the kitchen to slash her wrists and her neck. She moves the bed away from the wall, away from the window. She opens that window and goes out. She lands on the cold, hard ground. Shortly thereafter, around 6:00 p.m., Patrick comes home. He's got the takeout bag and the CVS bag with the medicine. He enters into the house through the mudroom door into the kitchen area, places the bags down. Eerily quiet. He calls to the kids. No answer. He calls to the defendant. No answer. He takes out his phone and dials the number for Lindsay's phone, defendant's phone. No answer. He then goes upstairs and finds the master bedroom door locked. He opens it and enters the room, sees blood and the window open. He then goes to the backyard and that's where he finds the defendant. He's on the ground outside that window moaning and mumbling. At 6:11 p.m., he calls 911 for help. First responders arrive to the home almost immediately. He's still on the phone with 911 when the responders arrive and they go right to the backyard and tend immediately to the defendant. While they're with the defendant, Patrick tells the first responders, "I need to find my kids." He had asked the defendant where the kids were and she told them they were in the basement. So, when he went in the house, that's the first place he went, down into the basement. He's still on the phone with 911 when he finds each child with an exercise band still wrapped around their neck. He screams for help. And he says, "She killed the kids." Efforts made to resuscitate Cora and Dawson were futile, but first responders from Duxbury and the surrounding communities were persistent and they kept trying to resuscitate them all the way to the hospital. But when they arrived at the hospital, there was nothing more that medical staff could do for Cora and Dawson. The staff at Beth Israel were able to get a heartbeat on Callan, but he never started breathing on his own. He never regained consciousness. He had no brain activity. Nonetheless, he was transferred to Boston Children's Hospital where he died three days later on January 27th. The defendant was taken to South Shore Hospital and then transported subsequently to Brigham and Women's in Boston. She had multiple traumas, including spinal injuries, as well as superficial injuries to both her wrists and her neck. She is paralyzed. We expect during the course of this trial that you'll hear that the defendant made claims that either right after Patrick left the house or after he called her from the CVS, depending on which version of the events she's telling, she heard a voice. A male voice. A voice that she had never heard before, a voice that she never heard again. And that voice told her that it was her last chance that she had to kill the kids so that she could kill herself. She immediately took action when she heard the voice with no direction or details from the so-called voice. And she killed the children. Once she killed the children, the voice stopped. When you consider this information in the course of the trial, ladies and gentlemen, I ask that you consider the source, the timing, the substance of her statements about this voice. You're also going to hear from, or you may hear from forensic psychologists and psychiatrists who talk about what's called command hallucinations and voices that people hear before they do something. And when you hear that testimony, I ask that you keep in mind the details of what she's saying the voice told her and the details of when this voice spoke to her. Another important thing to remember throughout the course of this trial is that this is not a case about the Lindsay Clancy that sits before you today. This case is about the Lindsay Clancy on January 24th, 2023 at the time of the crimes. This was not a woman in the throes of psychosis on January 24th, 2023. This was a woman who acted intentionally, rationally, and swiftly to accomplish a very specific goal, to kill. You'll see and hear evidence about all the things that she did that day, what she did in the days leading up to this incident, leading to the murders. You'll hear her spending time with her family and friends. You'll hear her appearing to be in good spirits and doing better for all intents and purposes. On that very day, you'll hear she interacted with people at the doctor's office. She came home and took care of the kids. She talked to people on the phone via text message. The evidence will show you she was not psychotic that day. Throughout the evidence in this trial, you will learn about the defendant being the classic overachiever in school, in her personal life, in her nursing career. She was someone who liked to control every little detail of her life, of her family's life. In contrast to pictures you'll see of the doting mother, the dedicated nurse, you'll also see a side of Lindsay Clancy that's different. Somebody extremely controlling, meticulous and manipulative. The days were laid out with specificity. Strict schedules were expected to be maintained. Food was planned carefully. Sleep was scheduled to the minute. And in the time after Callan was born, her last baby, the family had to adjust. And by all sources that I expect you're going to hear at that trial, that summer was great. But after Patrick had finished his paternity leave and was back to work full-time, when she no longer had a nanny to watch the baby do laundry, tidy up the house, follow her schedule, when she was responsible for it all, it was hard. It was hard for her to maintain that control. It was hard for her to bond with her kids. And in efforts to maintain control, she withheld information from her husband, from her doctors. She reported serious symptoms that were inconsistent with her daily activities you'll hear. And ultimately, on January 24th, 2023, the defendant made a calculated decision. This was a woman who no longer liked the life she thought she wanted. It was getting harder and harder to control. And when she saw the opportunity to escape, she made the selfish choice to take it, and to take Cora, Dawson and Callan first before attempting to take her own life. Ladies and gentlemen, this is not a public debate about women's mental health and how the medical system treats women. This case is about this defendant, Lindsay Clancy. There is no dispute that she was dealing with mental health issues during this time period prior to the murders. There'll be medical records, medical doctors, mental health professionals that will talk about treatment, prescriptions, hospital visits. All that's going to be before you. The evidence will show that this defendant had a means and access to mental health that most people don't. And she chose to deal with her mental health issues in the worst way. She chose to manipulate her providers, seek out the quick and easy fix when she was feeling depressed and anxious. And when she didn't get what she expected, she chose an alternate route. She sought a different doctor. She changed medications after days. She disengaged from treatment when she didn't like the plan. After only four months in treatment, she made a choice, a deliberate and intentional decision that she did not want to try anymore. And because no one could take care of her kids the way she wanted them to, she had to take them with her. Despite all the precision that she exhibited that day, you'll hear the timing of it all, the swiftness of the killings, overcoming the interruption of Patrick's phone call. What she did not anticipate was that she would not be able to complete the act by killing herself. Ladies and gentlemen, people with mental illness commit crimes every day and are responsible for them. The fact that someone may suffer or have a mental illness, a mental disease or defect is not the end of the inquiry when it comes to guilt or innocence. It is whether a person can appreciate the wrongfulness or criminality of the conduct and conform their conduct to the law. Do they know what they were doing? And can they control their actions? The evidence in this case will prove beyond a reasonable doubt that this defendant coldly and efficiently executed, first, Dawson, then Cora, and finally Callan. One by one, she strangled the life out of each one of them. She did so with no hesitation, with deliberate premeditation and extreme atrocity and cruelty. She is criminally responsible for the murders, because the evidence will prove to you that she knew exactly what she was doing. She drew her husband out of the house, their father, so that she had the opportunity and the time to carry out these murders. She maintained the ability to control her conduct, conform her conduct when she attempted to kill herself to escape the consequences. At the conclusion of this case, we're going to come back and we're going to ask that you return guilty of the murders of Cora Clancy, Dawson Clancy and Callan Clancy, because the defendant committed those crimes.

All right. Thank you, Counsel. Mr. Reddington, do you wish to give an opening?

I do. Your Honor, I might use the easel. May I be placed in front of the TV screen so that the jurors are able to [inaudible 01:01:37]. Normally, we thank jurors for time away from your life, jobs, your family. Coming to court, listening to a trial certainly is a service that's provided by you as citizens. But in this case, God bless you, you people are going to have to listen to some of the most horrific things. Look at some of the most horrific things. In jurors, it's a beautiful system. You pass between, as you've heard [inaudible 01:02:24] say, you probably don't remember it, but it's all language goes back to old England. Says that you as jurors pass between the government, them. And she places herself on her country, which country you are. You owe allegiance to nothing, but your oath, your consideration and your time, your common sense. You bring your life experience to this trial. You render a verdict. And as jurors, experiences, take the job very, very, very seriously. You people will never forget this case. And thank you for that service. Government says that this is a situation, it's not a referendum on women's having babies and having postpartum psychosis, postpartum depression, but it sure as hell is. Because you're going to hear consistent with what his Honor told you in the instructions, consistent with the obligation that the government has when they brought this charge. They brought this charge. Him, Cruz, the DA right in the front row brought this charge. He knew, as did his office, the facts of this case. And he knew when he brought this charge that it was going to kill the soul of this young woman. And they would bring their evidence in front of a jury that she knows that she killed these children. We'll sit here and listen to their evidence, but I suggest to you that the issue of consideration is what was going on in that woman's mind. You're going to hear evidence that, as the government said, Lindsay was a kind of a parent-pleaser. She was a person that in school had a lot of friends, still has friends. You'll hear evidence to this day from the sixth grade, high school, college, nursing school. You're going to hear evidence that Lindsay in the course of being in high school. She was a high-achiever gymnastics, stopped doing gymnastics because she hurt herself and didn't like to do the back flips and stuff you do in gymnastics, but she was very athletic. You can hear evidence that right after she had the birth, the last child within four or five days, she ran a 5K. She was very, very, very physically fit. Her life was such that she watched what she ate, watched what she did in her life as far as activities, and was one heck of a mother. She loved her children. All the things that the DA said to you about those little kids and their life and what they liked, she knows 1,000 times more than what they know. And in that capacity, as a mother, daily, you'll see evidence that she would decorate rooms, that she and Patrick did have that achievement of a wonderful life. They had it all. They met in Boston. She was a young nurse out of school. He was working in his industry. They ended up falling in love. They got married, bought a nice house. People say they're living in this mansion. No. They're living in a very, very humble house in Duxbury that they had to struggle to pay for. That house, you will see, not from the view, because it's not enough that we have photographs. On top of the photographs, we have to have a video. And on top of the photographs in the video, we have to have an auto-computerized animated display. And on top of the photographs, the video, the animated display, we have to get on a bus and go take a ride and look at the house where some guy and his wife are now living that it doesn't look at all like what it looked like when Lindsay and Patrick were living there with their three kids. But there are videos that show what that home looked like that day, prior to that. You'll see in every room, there are things hanging on the walls, alphabets, colors, numbers, pictures of different cartoon characters. And I'm too old to even remember what they are. Movies, all sorts of toys, erector sets, trucks all over the living room. There was no dining room. It was a large thing for the baby to be in and then surrounded by toys. Every single room had toys in it. These children were loved and nurtured and cared for by her. She didn't want to get rid of her kids because of her selfish life as the government indicates. She loved those children right up to the time of their death. You're going to see that there's photographs in this case that you will be able to evaluate that show that. Some of them might even be in the videos that the state police took. This case is a massive production by the district attorney's office. You have the district attorneys, the assistant district attorneys, the assistants to the assistant district attorneys. You have the state police crime laboratory. You have the detectives. You have the state police, the armed men that will go out and interview witnesses and will investigate this case. You have the victim witness advocate, very nice lady by the way, that deals with witnesses and people in a case such as this. It's a massive operation. And that's great. We should have that. But when you're considering the evidence, you consider the fact that you have two young people that were living this life, that were working. And Patrick, not because of COVID, not because of he just didn't want to work in an office anymore. He worked out of his basement. He worked in an office in the basement. He was there, because of what Lindsay was going through. He was there. He lived it. And he will testify to it. He doesn't have to testify, quite frankly, and identify clothing and be distraught and placed in a position of horror in this courtroom. But he will testify to what they went through as a husband and a wife, the wife being pregnant. They had three kids. After the second child, she had postpartum. You're going to hear evidence that that's one of the issues that is important because that could lead to bipolar. One of the things that you don't do, which is taboo, is if you have somebody that's bipolar, you don't put them on an antidepressant, you don't put them on Zoloft, you don't put them on what's called an SSRI, selective serotonin re-uptake inhibitors. It messes with your brain. You don't do that, but it was done in this case. The reason ...

... don't do that, but it was done in this case. The reason that Lindsay went to the doctors was in September 2022. July and August of 2022, they were very happy, lovely little family. September, things went sideways. And you heard the government saying, and remember what they say in their opening, and remember that when they prepare a case and remember how they can point at different aspects of the case to show guilt, to show that somebody's conniving. In this case, how many times we heard she faked the suicide? Faked the suicide. Little cuts, dinky little cuts, scratches you'll hear stated in the opening statement or time of the arraignment that she asked for a lawyer. That's rich. You're going to hear evidence that she was in her bedroom after the horrific act in the basement and that she was up in the bedroom, that she stood in front of a full length mirror, that she took the knife, the knife that was in the kitchen, that she had taken. And when she took the knife, she cut her throat in front of the mirror. This is no fake suicide. This is her when she was brought to the hospital. When she was in the hospital, that's what her appearance was at the South Shore Hospital. When she's at the South Shore Hospital, she had wonderful care and treatment that was able against her will to save her life. Fake suicide, little scratches, dinky little scratches. This is photograph that was taken at the South Shore Hospital of her neck. Photograph taken of her wrist showing the split in the skin. Photograph showing the, you'll see evidence of this, bedroom floor next to the bed with the blood. The knife next to the cup. Sadly, a gift saying because kids, you see the white residue inside the cup, that's where the pills were crushed up with leftover lemonade from the night before when she consumed that. That's the knife. This here you'll see is sleep aids. See this here, deep sleep pillow spray. She couldn't sleep. She couldn't sleep for months. More photographs of the injuries to her neck. And then in the course of the fake suicide speculation by the police, you'll see the evidence that she hung on the window ledge and like Spider-Man, I guess, slid down the wall of the house. You're going to hear evidence that she flung and threw herself out the window, striking her head on the ground, full ground, causing what's known as a Jefferson fracture of her neck. She shattered, exploded her thoracic spine. Shattered her cervical spine, the first disc, broke every rib. And the Jefferson fracture, you'll hear evidence, is not consistent with a fake suicide by any means. Jefferson fracture is consistent with Superman when he get thrown off the horse. It's consistent with people that have the tragedy where they dive into a swimming pool as a result of which they get that fracture in their neck and they're paralyzed. She's paralyzed. She's not going to get up miraculously and walk out of this courtroom. Paralyzed and will be paralyzed for the rest of her life. She's living her own hell. She knows what happened with those kids. And she wanted to die. When she was in the hospital, you're going to see evidence of Brigham and Women's Hospital. When they transferred her from South Shore Hospital, air flight into Brigham and Women's Hospital. And she was then given the emergency room with the emergency treatment at the Brigham and Women's Hospital. You couldn't move in that room. There was so much equipment, so many wires, so many breathing tubes, so many machines, humming, banging, clicking, and she's spread out like she's crucified on the bed while she's being treated in that room, surrounded by armed police officers. Out in the hallway, guarding the hallway against what? Anyone could guess. Guarding the hallway, guarding the room, guiding the bed, standing there. She's handcuffed to the bed. She goes to the South Shore Hospital. Government speculates that, again, you see how the government is able to create what they want for facts. That she is so cold and calculating that she said that she heard voices after I brought a psychologist, Dr. Zeisel, into that room to see her. I had to move heaven and earth. You'll hear evidence that they wouldn't even let her have visitors. She couldn't even see her family for over a week. The cops wouldn't let anybody near her. That room was an armed camp. I had to move heaven and earth and practically get a court order to be able to get in there and see her while she's laying in the bed. And they suggest and will suggest that she said, "I heard voices. I heard command hallucinations telling me to kill the kids and then kill myself." After she talked to Paul Zeisel as if he was telling her what to say because I'm the lawyer and I brought him into that hospital. You're going to hear evidence that Paul Zeisel is one of the most respected psychologists. You're going to hear evidence that he was embedded with the military in Afghanistan for years. You're going to hear evidence that he works for the government when there's a shooting involving the FBI, the CIA, or any of those alphabet soup cops. He's involved out interviewing these people for post-traumatic stress. I knew that he was a man to talk to this young woman in the hospital. When I finally was able to get into that room, into that hospital, he was with me. He did not tell her command voices. He as a human being gave her a cell phone so she could call Patrick. But you know what? You're going to hear evidence from a woman who works at Bergen Women's Hospital who saw Lindsay as soon as she came out of her coma. She is a woman that works with the religious services in that hospital. And the first thing that Lindsay wanted to know is where's my family? And then she told her about what happened and told her about the command voices. And this is well before she ever met me, but Paul Zeisel. So you have to keep focused on the evidence because it's so easy to manipulate. There's no fake suicide. And there was no plan to fake her sickness. This is a young woman that with her husband tried very hard to get the help she needed. She went and saw a doctor by the name of... By the way, remember in the opening, the government says she shopped around for doctors, I guess, that she wanted to get doctors to, I don't know, give her drugs or something. You're going to hear evidence that she went online and she looked for someone that was into neonatal or post-baby delivery because she knew that she was in trouble. She couldn't sleep. She had insomnia. It wasn't just when you get up in the middle of the night because your phone's on. She couldn't sleep. She could only get two hours a night, three hours a night if she's lucky as time went on. In September she went to see Dr. Tufts. Jennifer Tufts is the name of the doctor. Jennifer Tufts then gave her a prescription for Zoloft, which is a antidepressant. It's one of those SSRIs. She didn't take the Zoloft for a couple of weeks because she was breastfeeding. She was afraid to have the baby have anything to do with drugs, but ultimately couldn't do it any longer. Took the Zoloft and was spun out of control. Well, you're going to hear evidence because she was bipolar. You don't give a bipolar person Zoloft, but she got it. You're going to see what the effect was that it had on her as that week went on, as that month drove on, and she couldn't sleep. And she was unable to emote, had no emotions, had no feelings, was unable to really react to anything, but had to take care of the kids. And as the government says, "Well, she was able to talk to people. She was able to talk to neighbors." Sure, you're going to do it because they don't call them. We're going to call them. People that knew Lindsay as a mother, people that knew Lindsay, teachers of those kids will indicate what kind of a mother she was, as will neighbors, as will friends, as will people that saw her during that period of time. You're going to hear evidence from Patrick as to the effect that this sickness had on her. She was looking into it. You're going to see her Google searches. You're going to see her Google searches go on and on and on about how to take care of postpartum. What type of drugs? Can you become addicted to benzodiazepines? What about, is it possible to have a ketamine treatment? What do I do as far as insomnia? What do I do about my thoughts to kill myself? Ways to kill. How do you kill? What do you do to kill? Government lashes onto that. Oh my God. She's looking up ways to kill. Let's make that a basis of our prosecution on this case. This is not a righteous prosecution. They're looking for every single piece of evidence that they can to show some ridiculous concept that she wanted to kill her beautiful kids because she didn't want to be a mother anymore. This is a woman that was a nurse. She worked for one of the best hospitals in the country. She was in a labor delivery. You're going to hear from labor and delivery nurses that will tell you how dedicated she was. Cora was named after the very, very first baby that she delivered as a nurse in the hospital. That's where the name Cora came from. Cora was named after her first delivery. This is a woman who did nothing in her life but dedicated her life to helping people and be a good person and a good nurse and a great mom. And as time went on, looking like anyone else would, please help me. That's what it's all about. Give me help. And consider the government will say, "God, she was able to talk to people. She wasn't drooling. She wasn't putting tin foil inside of a hat when she was going to the schools. No, she was able to talk to people." We actually have, we meaning the government, we have video of her and Patrick and the kids at the Museum of Science. And they were actually having a good time. We also have video that shows them down at the Cape Codder, down the Cape with the kids and they're in bathing suits. I guess she was fine. She put on a pretty good face. So what does she do? September 12th of '22, she looked for a psychiatrist. That's when she hooks up, if you will, with Dr. Jennifer Tufts. Early October of '22, initial appointment. October 20th of '22, reports the adverse reaction that she was having to the selective serotonin reuptake inhibitor, Zoloft. November 16th, she goes to the South Shore Hospital emergency room because she was so depressed and so maxed out from lack of sleep and so unable to emote. She couldn't laugh. She couldn't cry. She couldn't have any feeling. She was a robot. She went to South Shore Hospital. She was referred and engaged with South Shore Perinatal Behavioral Health. This was Patrick's mother. This is Patrick's mother, Mrs. Clancy, who's a nurse. Well respected nurse, wonderful woman. She works at the South Shore Hospital, labor and delivery as well. She knows Lindsay. And she told Lindsay, "You got to go to this outfit here," which was the South Shore Perinatal Behavioral Health. She didn't look them up because she wanted to get drugs. She was referred by her mother-in-law, who's a nurse. She went to see these people. November 21st of '22. When she was engaged at the South Shore Perinatal Behavioral Health, she's going on one drug to the next, to the next. The drugs that she was prescribed, you see here and you'll hear evidence that first off, Jennifer Tufts, September 15th, '22, Sertraline, that's the Zoloft. Then Lorazepam, October 21st, Jennifer Tufts. Then hydroxyzine, Jennifer Tufts. Lorazepam, Jennifer Tufts. Buspirone, Jennifer Tufts. Lorazepam increased, Jennifer Tufts. Buspirone increased from one milligram to five milligrams, Jennifer Tuft. Trazodone from another individual. Fluoxetine, 10 milligrams from another person named Julie Paul. Julie Paul worked at the South Shore Hospital when she went there to go to try to get some help from South Shore Perinatal Behavioral Health. More medications, spiraling, continuing on, down. Pat lived this and he will testify to what they went through. At this point, at the end of November, around Thanksgiving, she's reporting disassociation and confusion. They put her on Remeron. This is around Thanksgiving. Things were so bad at this point that her mother and father came up from Connecticut and lived with them to take care of the kids to help because she was walking around absolutely a zombie. She would rock on the sofa, crying hysterically, banging her head into the pillow of the sofa. Patrick will tell you what he observed with her. She dealt with her parents. Her parents were there to try to help. Is this someone that's faking because she doesn't want to be a mother anymore? The parents were there. Mother and father, wonderful people. Mother's retired. Dad took pictures of high school kids for yearbooks. They did what they could. Coming into December after Thanksgiving. And they went, by the way, during the holidays down to Connecticut at one point to visit with the family. But December 4th, she calls a suicide hotline seeking help. December 5th, she's evaluated by what's known as the Aspire Crisis Team. You'll hear evidence about that. December 6th, the next day, they have an appointment with Nurse Gelada. Now, Nurse Gelada comes into this action because again, not looking for more doctors. Paul retired or left or went to another job. So all of a sudden, Nurse Paul, who was treating her and prescribing meds, leaves. Here's Nurse Gelada. She's now going to be your person you deal with. That's all. She wasn't looking for some other doctors to get additional medication. She now is dealing with Gelada. They have an appointment with Nurse Gelada and Pat goes with her because he was so upset and says to Gelada, you hear evidence. Do you think possibly that she's over-medicated? Do you think somebody screwed up? And she says it's possible. And then she puts her on more medication. She puts her on, okay, December of 2022, you're going to see that Nurse Gelada, who is now on this chart, is in blue. Nurse Gelada puts her on quetiapine 25 milligrams. November 30th, December 6th, diazepam five. December 7th, diazepam. December 7th, quetiapine. December 9th, diazepam five. December 13th, diazepam. And then she goes back to Jennifer Tufts because they just couldn't handle dealing with Rebecca Gelada because she wanted to wean off the drugs. Gelada told her to stay the course. She ends up going through December 19th, 21st, 22nd, dealing with quetiapine, 300 milligrams of quetiapine. Now, what happens is they then suggest that what she has to do is go to Mass General Hospital. She goes to Mass General Hospital. At Mass General, they say, "Well, you can do like a day program or you can go to this fantastic program down in Rhode Island called Women and Infants Programs." She goes to Women and Infants Program. She goes down for a day. She sits there in a group with other mothers and they talk. And they look at her medication and they say, you're going to see it in the medical records, "We can't really help you as postpartum." And that's what they specialize in because you get medications that you're going to have to clear because the medications can be affecting you. She was there for a day. One day. They never said anything. You're not suffering from postpartum. Postpartum, every one of these doctors and nurses knew that she was suffering from postpartum. And now it's turning into psychosis. Now as she goes through the period of time in January five, Aliyah Goodhart from McLean Hospital puts her on Trazodone, 50 milligrams. Lorazepam, one milligram leaving the hospital. She goes to that hospital on New Year's Eve. She and Patrick decide this is it. And two of them get in their car. Family takes care of the kids. She goes to the hospital. Now it's locked wards. She goes into the hospital. She's there for five days, four days. During that period of time that she's there, she's in group. She doesn't see a doctor but once. There's no discussion of medications till the very end. You'll see the medical records. You can look at the medical records, you'll see that her daughter's birthday was coming up and she wanted to leave rather than the fifth on the fourth. This is not a discharge against medical advice. They cleared her. They said, "Yeah, fine, you're okay. Good. Good luck. Go home." She went home and she went to the birthday party. The government will have witnesses apparently to show that she was able to socialize like, "Hi, how are you?" At the trampoline where they had the birthday party for Cora. She's still living in her nightmare. During this period of time, January 9th, back to Jennifer Tufts, puts her on diazepam. Jennifer Tufts kicks up the Trazodone to 150 milligrams. January 13th, you've got Rebecca Gelada puts her on diazepam. And by the way, when she was down at Rhode Island and the nurse and babies hospital, not a hospital, it was like a service. The people that were treating her for that one day reached out to Gelada to find out what's up with the medication. Gelada never called them back. You're going to hear evidence, and it's in the medical records that when she and Patrick called Gelada to say, "I got to wean off this." She didn't want more drugs. She wanted off the drugs. Julia says, "Stay the course. She's going on vacation. I'll see you in a week." Comes back in a week. You're going to see that now Jennifer Tufts puts her on diazepam two milligrams on January 16th. Amitriptyline, 10 milligrams. January 16th, diazepam and diazepam between Tufts and Gelada. And the last script is diazepam, two milligrams January 23rd. During that period of time, you can see that on December 20th and 22nd, she was evaluated at the woman's infants partial hospitalization program in Rhode Island. December 30th, she returned to Mass General Hospital emergency room. December 31st, that's after Mass General told her to go to the hospital, you can go to McLean. New Year's Eve, December 20th of '22, they were admitted to McLean Hospital for psychiatric treatment. January 6th of '23 was post-discharge follow-up appointment with Dr. Tufts. January 10, 16 and 23, appointment at Dr. Tufts, Dr. Tufts, Dr. Tufts. The day before the killings, Dr. Tufts. These are the medications that she was on, that she had filled, that she took, that she didn't take and apparently, according to the opening statement by the government, was manipulating the doctors, not telling the doctor. She told them that she was suicidal. She told them that she had suicidal ideation. And in December, to his and her ever dying regret, told Patrick in the presence of her mother that she was having psychosis thoughts of hurting the children. This is a woman that did not get the medication, did not get the medical treatment that she so deserved. This is a woman that was suffering from psychosis at the time that she went down to that basement. She had no motive. She loves her children. She intended to kill herself. She didn't fake that. Threw herself out the window. Goes to the hospital, you're going to see that when she's in the hospital, they said to her, what do you call it? A DNR? Do not resuscitate or whatever. Absolutely. Did not want any DNR. Didn't want to be resuscitated, wanted to die. To this day, wants to die. That's what we're dealing with on this prosecution. So you're going to hear from witnesses. It's going to be emotional. And thank you for your service. Thank you, Judge.

All right. Members of the jury, we're going to take the morning recess at this time. All right. I'm going to ask you to go out. Again, don't discuss the case. We'll be back here probably about 15, 20 minutes and we'll begin with the Commonwealth's case. All right. So we'll be in recess at this time.

Court, all rise. Jurors, this way please.

All right. Counsel, we need to discuss anything at this time?

No, your Honor.

So we'll be in recess for about 20 minutes. Thank you.

Thank you.

Clear the full room, please. Thank you.

The court's in session. Please be seated.

Counsel, are we ready for the jury?

Yes, Your Honor.

Court, all rise. Jurors enter. This court's now in session. Please be seated.

Your Honor, for the purpose of the record, we return back to the trial of Commonwealth versus Lindsay Clancy. All parties are present, including the defendant.

All right. Well, members of the jury, thank you for your patience with us. We're now going to begin the presentation of evidence. Commonwealth, if you'd call your first witness, please.

Thank you, Your Honor, the Commonwealth calls Patrick Clancy.

Good morning, sir. Can you stop right here? Raise your right hand for the clerk, please.

Good morning. Do you solemnly swear that the testimony and the evidence you shall give to the court and the jury in the matter now pending between the Commonwealth and the defendant shall be the truth, the whole truth, and nothing but the truth, so help you God?

Yes.

Thank you. You may have a seat [inaudible 02:15:40].

All right. Good morning, sir. I'm going to ask you to speak into that microphone. Again, be seated if you'd like, if you're more comfortable. Okay. All right. Commonwealth, please.

Thank you, Your Honor. Good morning. Can you please state and spell your name for the record?

Yeah, my name's Patrick Clancy. It's P-A-T- R-I-C-K C-L-A-N-C-Y.

And what is your date of birth?

June 15th, 1988.

What city do you live in now?

New York.

And what do you do for a living?

I work in tech.

How long have you worked in tech?

14 years.

And were you previously married to a person named Lindsay Clancy?

Yes.

And you're divorced now, is that correct?

Correct.

Do you see that person in the courtroom today? Yes. Could you point to them and describe something they're wearing?

She's wearing a pink shirt.

Record will reflect the identification of the defendant.

Thank you. Where did you meet the defendant?

In South Boston.

And when was that?

I think it was May 2013.

And how did you meet her?

Through my cousin.

And would it be accurate to state that your cousin had been college roommates of the defendant?

Yes.

And at some point in time, did you start dating?

Yes.

And around what time was that?

July 2013.

Did you eventually move in together?

Yes.

Do you remember when that was?

September 2015.

And where did you live?

In Quincy.

How long did you live in Quincy?

One year.

And where did you go after that?

We bought a house in Weymouth.

And how long did you live in Weymouth?

Two years.

Did you eventually get married?

Yes.

And when was that?

December 2016.

And was that while you were living in Weymouth?

Yes.

Did you have your first child when you were living in Weymouth?

Yes.

And what was her name?

Cora.

And what was her date of birth?

December 24th, 2017.

Prior to getting married, did the defendant ever tell you she had taken psychiatric medication while in nursing school?

Not that I recall.

After having Cora, did the three of you move somewhere else?

Yeah, we moved to Duxbury.

And what was your address in Duxbury?

47 Summer Street.

And do you recall when you moved there?

I believe it was July 2018.

And where were you working at that time?

I was working for a startup called Automation Anywhere.

At some point in time, did you start working for Microsoft?

Yes.

And when was that?

May 2020.

And when you worked for Microsoft, did you go to an office or did you work from home?

I worked from home.

And was that from 2020 onward that you worked from home?

No, I started working from home in 2018.

2018? Okay. So from 2018 up until, let's say 2023, you were working from home. Is that correct?

Yes.

And did you have an office in your home which you worked out of?

Eventually, yeah.

Okay. And where was that located?

In the basement.

And was that a finished basement?

Yes.

Going back to after Cora was born, do you recall the defendant having any physical issues after the birth?

Yeah.

And what were those?

I think there was a lot of tearing and she bled a lot.

Did it take her a while to recover physically?

I would say so, yeah.

Did she have maternity leave at that time?

Yes.

Where was she working?

Mass General Hospital.

And what was she doing there?

She's a labor and delivery nurse.

At that point in time when she had Cora in 2017, how long had she been a nurse?

Three years maybe.

And do you recall how long her maternity leave was with Cora?

That was the shortest of the three. I want to say it was 10 or 11 weeks.

And did you have paternity leave at that time?

Yeah, I had two weeks.

Two weeks. Okay. When you went back after the two weeks back to work in the home, were there any issues that you noticed the defendant having?

Yeah. I'm sorry. I just want to correct an earlier statement. I was working for Pegasystems when Cora was born.

Okay. And then eventually you worked for Microsoft?

Yeah.

Okay. And so after the two weeks of your paternity leave, the defendant was still on maternity leave, correct?

Yes.

Okay. And did she have to take any psychiatric medications at that time?

Not that I know of. She had a lot of anxiety, but...

Okay. So you're saying that she had some anxiety at that time. Is that correct?

Yeah.

How did that manifest or how did you know that?

She just really struggled with the date of going back to work.

So immediately after having Cora, as she healed physically, what was her mood like when you're both on leave?

It was great. It was good.

Good? Okay.

I mean, relatively, yeah.

And so did the anxiety start as it became closer in time to when she had to go back to work?

Yes.

How many shifts was she working at that time?

Before Cora was born, she was working at least 40 hours, maybe more. After she went back to work, it was I think initially just one.

One shift?

Yeah.

And was that a 12-hour shift?

It was per diem.

Per diem.

And then she eventually did two shifts.

Okay.

I think it was 20 weeks.

After 20 weeks, she moved to two shifts?

I'm sorry. It was 20 hours a week.

20 hours a week. Okay. And so from the time she worked her way back up to 20 hours a week at work until she had your next child, did it remain that 20 hours per week that she worked?

Pretty much, yeah.

Okay. And did you have any assistance in the home during that time after she went back to work? A nanny or a babysitter?

Yeah, we had babysitters. We had a babysitter who came probably 12 hours a week.

And did that typically happen after your wife had a shift that the nanny or the babysitter would be there?

Yeah, so she could sleep.

Did the defendant work overnights?

Yeah.

And how long did you have that nanny or babysitter for?

Several years.

Do you remember her name?

We called her Ms. Jen.

Ms. Jen? Do you remember her last name?

Shanahan.

And then you had a second child. Is that correct?

Yes.

And what was their name?

Dawson.

And what was Dawson's date of birth?

September 30th, 2019.

And was Ms. Jen still helping out in the home at that time?

Yeah.

And what was Dawson's delivery like?

Pretty traumatic.

How so?

He was in, I think, a breach position. So he came out in a... I guess, I don't know much about it, but not an ideal way. And it caused just significant bruising and tearing.

So again, did the defendant, with this second pregnancy, have some pain and difficulty physically healing from the birth?

Yeah, much more so than Cora.

Okay. And was she on maternity leave at that time?

Yes.

How many weeks leave did she have at that time?

I don't recall, but I think it was more than the traditional 12. I want to say it was 13 or 14, maybe more.

Page 13? If I may approach.

You may.

You don't have to keep telling me the pages. That's okay.

Okay. If I could have you look at page 13 and just read yourselves lines six through 10, and then just look up when you're finished.

Okay.

Thank you. Does that refresh your memory as to how much maternity leave the defendant had after Dawson's birth?

Yeah.

And what was it?

18

18 weeks.

Mm-hmm.

Is that correct?

I believe so.

Okay. And after dealing with the physical pain of birth and starting to heal, how was her demeanor and experience during that maternity leave?

I think it was fine at first. It was always when she had to go back to work, that's when she struggled.

Okay. So that was a pattern that you saw --

Yeah.

... after the baby, maternity leave was good and then she'd struggle going back to work?

She just had a really hard time being separated from them.

Okay. What was the plan for how many shifts she would work or how many hours she would work after Dawson was born?

I believe it was the same thing.

And in terms of Ms. Shanahan, the babysitter, you had mentioned before that she was there about 12 hours a week. Did that stay consistent after Dawson's birth or was it more or less?

Probably consistent.

After Dawson's birth, did the defendant ever tell you whether she was on any psychiatric medication after Dawson's birth?

No.

Did she seek treatment or tell you she sought treatment after Dawson's birth?

Yeah. She got a therapist for a short period of time, but it didn't last very long.

Did she tell you that at the time or later?

At the time.

Okay. And did she have any psychiatric hospitalizations or commitments at that time?

No.

What about after Cora's birth? Any psychiatric hospitalizations or treatments?

No.

Was there a time after Dawson's birth where she wanted to declutter your garage?

Maybe at some point. Yeah.

Okay. And did you assist her with that?

Yeah.

And how was that done?

We had a lot of stuff to throw away. And I think we sold some stuff on Facebook Marketplace. We just had a lot of stuff.

So did the two of you go through the items in the garage and organize it into what you would keep, what you would throw away, and what you would sell? ‍

Yes.

Okay. And so it was very organized?

I would say so, yeah.

Okay. And you finished the project. Is that correct?

It was always ongoing.

Now, eventually you had your third child, correct?

Yeah.

And what was their name?

Callan.

And what was his date of birth?

May 26th, 2022.

Can you describe that delivery for us?

It was great from what I could tell. It was relatively quick. It was during the day. We were both smiling after and I don't think there was as much physical trauma.

Nothing compared to what happened with Cora or Dawson. Is that correct?

Correct.

Did the defendant have maternity leave after Callan's birth?

Yeah.

And how long was that leave?

She never went back.

How long was it planned for initially?

I want to say 18 weeks.

Okay. And were you on paternity leave as well?

Yes.

And how long was your paternity leave?

12 weeks.

So with Callan being born on May 26th, 2022, the two of you were home with the children that summer on leave. Is that correct?

Yeah.

What was family life like during that time period, those summer months?

It was great. We had a lot of time off. I was able to spend a lot of time with... I spent a lot of time with Cora and Dawson. So I would take them around the playgrounds and birthday parties and stuff like that.

And what would Lindsay be doing while you were with Cora and Dawson?

Sometimes she'd come with us with Callan, but oftentimes we did kind of like a divide and conquer. So she'd be home with Callan and I'd be out with the older kids.

And what types of family activities did you all do during those summer months?

We went on a couple vacations. We went to the beach. We went out on our boat and went to friends' houses.

During those months when you're going to the beach and out on the boat and visiting with friends, were there any signs of anxiety in the defendant during those months?

I would say starting in September, yes. But in the previous months, not so much.

When had she been scheduled to go back to work?

I don't remember the exact date, but I think it was October.

Okay. So again, it was that pattern of as it became closer in time to go back to work, she started to struggle?

Yeah.

During the times when she would get anxious, when it was time to go back to work and she would start being anxious, did you ever have any difficulty understanding her when she spoke?

No.

And did she ever exhibit any behavior that made you concerned enough to call a doctor or want to commit her?

No.

When she was showing this anxiety, what were you seeing in her behavior?

Just a lot of stress. There were days where she had all three kids and there's different nap schedules and different needs. So it was just really stressful.

Okay. And you're still working in the basement office at this point after Callan's born, correct?

I went back to work late August.

Okay. And when you worked downstairs, how often would you come upstairs during the day?

All the time, for lunch or just to say hi.

Okay. Were there times when Lindsay would ask you to hold the baby in the office while she was doing something?

So, yeah.

Okay. And were there times when you would watch one or more of the children while she took another to a doctor's appointment or to an errand or something like that?

Yeah. If it worked out with a schedule, yeah.

Okay. What was the plan in terms of how many shifts or hours she was going to work after Callan?

I believe the plan was two shifts per week, but there was a lot of flexibility. She could have done really anything.

Do you recall saying previously that you were going to start off with one shift and hopefully move to two?

I could imagine, yeah.

Okay. And you said there was some options, correct? What were those options if that didn't work out?

Well, I always put money aside in basically our own maternity account, just so that if she needed more flexibility. We planned for that, so.

So if she needed more time off more than what her work would provide for her, you were financially secure enough to afford that at that time?

Yes.

During this time in the fall of 2022, were Cora and Dawson attending preschool?

Yes.

And where was that?

Learning Sprouts.

And where is the Learning Sprouts located?

Duxbury.

How often were they attending Learning Sprouts?

Full days, Monday, Wednesday, Friday, and a half day on Thursday.

And what was a full day? What hours?

I think it was 9:00 to 4:00.

9:00 a.m to 4:0 p.m?

I think so, yeah.

And what was a half day?

9:00 to 12:30. I think they might've had some days where they started early. I can't remember.

But basically all day, working hours all day, Monday, Wednesday, Friday, and then the mornings on Thursday. Is that right?

Right.

And who would do drop-offs for school?

We both would.

And what about pickups?

Both of us.

Together or take turns?

Usually we would take turns.

Now, at some point in time after Callan was born, did you hire a nanny?

Yes.

And when was that?

I think it was in August or September.

Of 2022?

Yeah.

And who was that nanny?

Lainey. I don't remember her last name.

Does Elaine Rossi sound familiar?

Yeah.

And do you recall how many days per week Elaine was going to work when you hired her?

I think it was 12 hours.

But it wouldn't be 12 hours altogether? It would be spread out over the week. Is that right?

Correct.

Okay. And who was she hired to take care of?

Everyone, but mainly it was going to be Callan.

Okay. Because Cora and Dawson would be at school?

For the most part, yeah.

And what was the plan for when Elaine would work? Was it that same type of after Lindsay worked shifts or something different?

Yeah, the goal was after Lindsay would work shifts... I mean, she never went back to work, but I think we wanted to get her just oriented with our house and the kids. So we had her start before, and then... She was amazing. She was an amazing caregiver, but eventually we decided to let her go because Lindsay was home anyways.

So when you initially hired her in August or September, you said Lindsay was going back to work in October. So is that what you're talking about, that give Elaine that month or so to get situated and acclimated to the house?

Yeah.

Okay. Have the kids get used to her. Is that right?

Yep.

Okay. Elaine, did she also do some cleaning, laundry, and food prep?

Yeah. Yeah, she was amazing.

Now, during this timeframe, again in the end of summer, fall period of 2022, what types of activities were Cora and Dawson doing?

Gymnastics. Are you talking about organized activities or just in general?

Organized.

I only remember gymnastics.

Did they both do the gymnastics?

Yeah.

And then were they also participating, maybe not in organized situations, but in swimming, soccer, skiing, things like that?

Yeah. They were doing swimming. And yeah, Cora and Dawson did skiing. Yeah, Cora started doing soccer. She didn't really like it, but did a little bit.

And who took them skiing?

I did.

Okay. And in terms of the swimming, where would you do that?

We did it at Goldfish in Rockland, I think. And then Lindsay took them somewhere in, I think, Plymouth. I don't remember where it was.

So you would each take them swimming at various times?

Yeah.

Okay. Did you also do some swimming at the Kingsbury Club?

Yes.

And what is the Kingsbury Club?

It's like a gym with a pool. And they had childcare, so sometimes they would hang out in the kids' room and we would go work out.

And is that in Duxbury?

It's on the Kings and Duxbury line. I'm not entirely sure, but yeah.

Okay. And so you could drop the kids off at the daycare portion and go work out or swim or something like that?

Yeah, or we could go with them and go swimming.

Okay. Did Lindsay work out?

Yes.

She was very health conscious?

I think so.

And were you aware that she had been an athlete in both high school and college?

Yes.

Do you recall what she did?

Competitive cheerleading.

Now, when you were together, what type of exercise would she do or did she prefer?

She did a lot of running. She did the Peloton and she did... There was some program called Beachbody, I think.

Do you recall when she started Beachbody?

Maybe in the spring of 2022. I'm not sure.

So right before having Callan, would that be accurate?

Probably, yeah.

When you returned to work... And you said that was in August, correct?

Yes.

What was the defendant's demeanor when you returned to work?

Increased anxiety and definitely stressed out.

Do you recall describing her as slightly stressed, but in good spirits?

Yeah.

And when she was stressed out, when she was showing some anxiety, how did that manifest?

I don't really know how to describe it. I guess it's just any way you can tell that somebody's stressed out. I don't know. She would say, "I'm not looking forward to going back to work." I remember once she said, "It's just so unnatural to be separated from your newborn." Stuff like that.

So she didn't want to go back to work? Is that what you're saying?

I think she did. It was just a really difficult transition for her.

And do you recall attending a wedding on September 17th, 2022?

Yeah.

And where was that wedding?

New Hampshire.

Was it just you and Lindsay that went or did the whole family go?

We brought Callan.

And when you were at that wedding, do you recall having a conversation with Lindsay about medication?

Yes.

What did she say to you?

We were walking downtown and she said, "I think I'm going to start taking Zoloft."

And did she tell you why she wanted to start taking Zoloft?

She said, "I think it's really going to help with my anxiety and with going back to work."

And did she tell you how she was going to go about getting Zoloft?

Yeah. I asked her, "How are you going to get Zoloft? It's a prescription." And she said, " Usually just ask the doctor and they'll give it to you."

And did she tell you that she was going to see a psychiatrist?

Yeah, I believe so.

And when she did that, did she tell you who she was going to see?

No.

Okay. Did you eventually learn the name of the person who she went to see?

Months later, yeah.

Okay. And who was that?

Jennifer Tufts.

Okay. And did Lindsay tell you when she started seeing Dr. Jennifer Tufts?

No.

Did you learn... or strike that. Did Lindsay tell you when she received the medication and when she started it?

No. I should correct that. It's not exactly.

Well, let me just ask a question first.

Sure.

Did you have a conversation with Lindsay about the medication she was on?

Eventually, yeah, but I didn't know the start date.

Okay. And so when did this conversation take place, this eventual conversation?

Probably the end of October.

Okay. And at that point, what did Lindsay tell you about the medication and how she was taking it?

I don't remember exactly, but I learned that she was taking the Zoloft. I don't remember really too much about it after that. She was just taking it and we were seeing how it went.

And did you notice any changes in her physically during that timeframe that she was on it and you weren't aware she was on it?

At the time, no, I don't think I did.

Okay. And did you notice any changes in her emotionally during that time when she was on it, but you weren't aware she was on it?

Yeah. She wasn't really improving. She just kind of seemed to be gradually becoming more in a depressed state.

And how was that manifesting? What were you noticing?

It was just small things. I was planning a trip with Cora to San Francisco and she was nervous about us going. And I remember we went to a Halloween event. And just leading up to it, I remember it just kind of seemed like she didn't want to go for some reason.

Okay. Now, do you recall learning that she had actually obtained the prescription the day before she told you she was going to ask for the prescription?

I did later learn that, yeah.

So she's telling you at the wedding that she is going to ask to take this medication and going to see a psychiatrist to get on that medication, but she actually already had the prescription. Is that correct?

Correct. I don't think she started taking it yet, but she already had it.

Okay. And did Lindsay tell you how long she took the medication for?

She may have. I don't remember the exact timeframe. I just remember she took it for a period of time and then her sleep started to suffer, so she stopped taking it.

And did she tell you whether or not she spoke to her provider, her doctor, about the troubles she was having?

I believe so, yeah.

Okay. And did she tell you, did Lindsay tell you that she was advised to double the dose of the Zoloft?

She may have. I don't remember.

Page 31. If I may approach? If you could look at lines 20 to 22. And then just look up when you're finished.

Sure. Okay. Yeah, apparently she did.

Does that refresh your memory?

Yeah.

And so did Lindsay tell you that she was supposed to double the dose?

I guess she did, yeah.

Did you notice any changes in her sleep during that time when she was on the medication, but you weren't aware she was on it?

Eventually, yeah.

When was that?

I don't remember the exact dates, but she just... One night she said, "Do you mind..." She started it by saying, "I'm not mad or anything, but do you mind sleeping in the basement and letting me just sleep in our room with Callan? And then you can take the monitors down in the basement and if Cora and Dawson get up, you can get up with them." She said, "I've just been having a lot of trouble sleeping, and I'm hoping that if there's less in and out, then there'll be less disruption."

Okay. Had you noticed prior to her telling you this, that she was up a lot or having trouble sleeping, like physically seeing her awake?

No. Not that I recall.

And did you in fact start sleeping in the basement for a period of time?

I think I did it for like two nights and then she actually went down in the basement.

Okay. So then you went back up to your bedroom to sleep. Is that correct?

Yeah.

And how long did Lindsay sleep in the basement for after that?

Maybe a couple of weeks.

And so during that timeframe, was she telling you that she was still having trouble sleeping?

Yes.

But you weren't actually down there watching her sleep, you're getting this information from her, correct?

Correct.

Were you aware that out of the Zoloft prescription she was given, she only took seven pills?

No.

After you had the conversation with Lindsay where she said she was going to double the dose of Zoloft, did you notice any difference in her demeanor or behavior?

I would say yes. I don't know if I connected it with the doubling of her Zoloft, but over that period of time, she just kept getting worse and worse.

And what period of time was that? What month are we in?

Mid-October to the end of December.

Okay. So she got the prescription in September, started taking it in October, took seven pills, but was having difficulty in December. Is that what you're saying?

Yes.

From this medication?

Yep. Well, I don't know which medication it was from, but yeah.

Okay. At some point in time, did Lindsay switch providers?

Yes.

And why did she do that?

Because whatever she was doing with Jennifer Tufts, it wasn't working. She was only getting worse. And she thought that it would be better if she worked with, I guess, more of like a perinatal psychiatrist.

And did she get a referral or a recommendation of where to go?

I think so, yeah.

Do you know who gave her that recommendation?

It might've been my mother.

Okay. And your mother's a nurse at South Shore Hospital, correct?

Yeah.

And does she also do labor and delivery work?

Yes.

Okay. And so do you know which provider or which office she recommended?

Yeah. Her name is Julie Paul.

And was she at the South Shore Perinatal Clinic?

Something like that, yeah.

Okay. And do you know when that was?

I don't know the dates on that.

Do you recall saying previously that it was towards the end of November?

Yeah, that sounds accurate. Yeah.

Okay. And you said she initially saw someone named Julie Paul. Is that correct?

Correct.

Okay. And do you know how long she saw Julie Paul at that facility?

I think it was only four or five days.

And were you aware that Julie Paul left that office?

Yes.

Okay. And do you know who Lindsay saw after Julie Paul?

Rebecca Jolotta.

And was Rebecca Jolotta a nurse practitioner?

Yes.

Were you aware that she also saw a licensed social worker therapist named Leticia Dukes while she was at the South Shore Perinatal Clinic?

I don't recall Leticia Dukes, but it's possible.

So Lindsay never told you that she had therapy sessions with a person named Leticia Dukes during that timeframe?

I don't remember any therapy sessions, no.

Okay. After switching to Julie Paul and then Rebecca Jolotta, did Lindsay start coming home with different prescription bottles?

Yes.

Okay. And were some of these medications that she came home with, were some of them during the time she was with Dr. Tufts?

I think some of them were, yep.

And some of them were while she was with Julie Paul. Is that correct?

Correct.

And then some while she was with Nurse Practitioner Jolotta. Is that correct?

Yes.

Okay. And would it be accurate to state that you provided the District Attorney's Office with a printout from CVS Pharmacy of all the prescriptions that were filled for Lindsay from September through January, September 2022 through January of 2023?

Yes.

Any objection?

No, of course not.

I'd ask for it to be admitted as one.

Sure. Yeah.

And members of the jury, one of the things I forgot to tell you is anything that's entered as an exhibit, you'll have with you in the deliberating room when you're deliberating. So you'll have a chance to go over that as well. So you'll have anything that's marked as an exhibit, okay?

[inaudible 02:53:14].

Thank you.

Now, while she was taking these medications, the various pills, were you always with her watching and monitoring exactly what she took?

Not always. No.

Sometimes you'd see it, sometimes you wouldn't?

Yeah.

Directing your attention to February 6th, 2023, did you go to the District Attorney's Office or have your attorney go there and provide a bag of prescription medication that had belonged to Lindsay?

Yeah. I think the police took a bag of prescription medications that night, the night my kids passed away. And then there was a bag that I had in my truck that I was supposed to... Nurse Practitioner Jolotta said, "You can bring them to a police station. They get rid of them for you." But I never got around to it.

And where had you stored those in your truck?

In the center console. It's underneath the center console that opens.

You have one of those center consoles that open up, but then there's another larger compartment below it?

Correct. Yeah.

So was it your plan to bring these to a location where they could be properly disposed?

Yeah. I didn't want to just throw them in the trash.

And these were all medications that had been prescribed in the past to Lindsay, but she was no longer taking, correct?

Right.

Your Honor, I don't think I have any objection to any of their exhibits.

Okay.

So she doesn't have to keep showing it to me.

Any objection to any of their exhibits, so she doesn't have to keep showing it to me. That's fine.

So, I'll assume if you do have an objection, just-

Sure.

... rise, let me know. Okay. Thank you.

So, for the record, a bag here with nine pill bottles as exhibit two, please. These are marked.

Thank you.

And so, looking in exhibit two, we have the Zoloft that was prescribed by Dr. Tufts and filled on September 15th, 2022. And I think I asked you earlier, you weren't aware that only seven pills were taken out of this, correct?

That's correct.

Okay. And then there's another prescription in here for Ativan that was filled on October 26th, 2022. Were you aware that only six pills were taken out of that bottle?

Can you say the date again?

October 26th, 2022.

And how many did it start with?

Let's see. 30 pills.

Okay. I mean, I don't have those exact numbers on how many she took, but there were adjustments made on the dosage of the Ativan. So, that aligns with that.

But the question was, were you aware that only six pills were taken out of this prescription?

No, but I think the context is important.

Okay. Were you aware that there was a prescription for Buspirone or BuSpar filled on October 26th, 2022 in which only two pills were taken out of the 30 that were prescribed?

I found out about the BuSpar later and I didn't know about the number of pills taken.

And then were you aware that there was a prescription for hydroxyzine, a prescription filled on October 26th, 2022 for 30 pills and that only three pills were taken out of this bottle?

Which-

Hydroxyzine.

Yeah. What is that?

I believe it's in some type of, similar to an antihistamine, like Benadryl or something like that.

Oh, okay. I don't really recall much about that drug.

Okay. And were you aware in this bag there was another prescription for BuSpar that was filled on November 9th, 2022, 30 pills prescribed, and no pills were taken out of this bottle. Were you aware of that?

I wasn't keeping track of the number of pills taken out of each bottle.

And then just ask you about one more. The Trazodone prescribed on November 16th, 2022 by a doctor from South Shore Hospital, 30 pills. Were you aware that only seven and a half pills were taken out of this prescription?

No.

So, there were a lot of pills prescribed, but not a lot of pills taken, correct?

That comprehensive of all the pills that were prescribed?

These are the pills that you brought into the police station, so out of these.

Out of those, yeah, it's possible that not a lot were taken.

Do you recall what was the most amount of pills prescribed? I guess I could ask this better. What was the maximum number of medications she was on at any one time?

I want to say three or four.

Okay. Would it surprise you to know that she, at any given time, the most she was prescribed was three, but most of the time it was two medications that she was prescribed at any given time?

It wouldn't be terribly surprising, no.

Now, on November 16th, 2022, did Lindsay visit South Shore Hospital?

Yes.

Okay. And why did she go to the South Shore Hospital that day?

I believe that day it was because she basically went 48 hours without sleeping.

And was she having heart palpitations?

I think so, yeah.

Were you aware that she had taken a weed gummy that day?

I don't recall.

And are you aware that she didn't tell medical staff at the hospital when describing her symptoms and her medication that she left out that she had used marijuana?

I wasn't with her, so I don't know what she talked about at the hospital.

So, she drove herself to the hospital?

She did.

Okay. And she drove herself home from the hospital then? Is that correct? Now, during this timeframe between September and November of 2022, are you still participating in activities as a family?

Between November and December?

Between September and November.

Yeah.

Okay. And what types of things were you doing?

We celebrated Halloween. I don't really remember what else, but I think we were doing things regularly.

Do you recall going to an event with food trucks?

Yeah.

And do you recall going to an event in November where there were trains to ride with the kids?

Yeah.

So, we have the photo from the food truck event admitted as Exhibit three. And the photo from the train event is Exhibit four. Three and four somewhere. If I may publish?

You may.

So, exhibit three, is this Lindsay, Cora, and Callan at that event?

Yeah.

And Exhibit four, is this Lindsay with all three kids at that event in November?

Yeah.

Did you have plans for Thanksgiving that year?

Yeah.

What were your plans?

I believe the order was we went to Wallingford where her parents lived in the week before, and then the week after we went to my sister's house.

And where did your sister live? What town?

South Hamilton.

And that was a week after Thanksgiving, is that correct?

Yeah, I think so. Yeah. Yeah, it was.

And is this a photo from Thanksgiving at your sister's house?

Yes.

I could have this photo marked as Exhibit five, I believe.

All right. That may be marked.

Five. Showing you what's been marked Exhibit five. Is this Lindsay here on the left?

Yes.

And are those your sisters in the photo with her?

That's one of my sisters and my sister-in-law.

Okay. And have they coordinated outfits for the day? The shirts?

Yeah, I think my sister did.

What was Lindsay's demeanor that day?

She was in rough shape.

Rough shape?

Yeah.

How so?

She wasn't talking much. She had low energy. She was really depressed. I just remember when she showed up, my sister-in-law gave her a big hug.

And she was able to get through dinner, eat dinner with everyone?

Yeah.

Okay. She interacted with people, is that correct?

I would say very little, but to some degree, sure.

And she took care of the kids with you while she was there?

We both took care of the kids together.

Okay. You mentioned earlier that your wedding anniversary is in December. Is that correct?

Yeah.

Okay. Do you recall going out for your anniversary on December 3rd, 2022, going into Boston?

No, we didn't go out.

You don't recall arranging for a massage for Lindsay and then going to the Omni Parker house and going out to dinner that night?

No. December 3rd, 2022, we stayed home.

You stayed home. Okay. Showing you a photo of you and Lindsay. Do you recognize this photo?

Yeah.

And when was that taken?

I'm not really sure.

It wasn't taken on December 3rd when you were out celebrating your anniversary?

In 2022?

Yes.

No. No, we wanted to go out, but we canceled because she wasn't feeling well. So, we stayed home. We got take out.

Okay. Did you also, on November 26th, 2022, go out as a family to get a Christmas tree?

Yes. Well, probably. I don't know. But yeah, around that time, yes. Okay.

Showing you two photos. Are these from that day when you got the Christmas tree?

Yeah, that looks accurate.

If you have the first photo of all five. Six. And then the second one is Exhibit seven. Exhibit seven. Showing you Exhibit six. This is all of you at the tree farm?

Yeah.

And Exhibit seven, those are the kids?

Yes.

Around December 6th, 2022, did Lindsay tell you she was starting a new medication?

I don't remember specifically.

Is it that you don't remember the date or you don't remember her starting a new medication?

I'm not sure.

Do you remember Lindsay telling you at some point she was starting the medication Seroquel?

Yes.

Do you remember around what timeframe that was?

I though it was before December 6th.

Okay. And do you recall how she was physically after starting the Seroquel?

Awful.

How so?

That was really where her big spiral started. She started to lose a lot of weight and she became very depressed and she was having a really hard time.

Okay. And did she describe to you some thoughts or feelings that she was having at that time?

Yeah, she started to say she was suicidal.

And was that in December of 2022?

I think so, yeah.

Okay. And when she told you she was suicidal, did you ask her if she had a plan on how to kill herself?

Yes.

And what was her response?

She said no.

Okay. And did she ever mention a specific way or plan she had to kill herself to you?

No.

And at some point in time, did she tell you that this was the first time she had had suicidal thoughts? ‍

I don't know if she mentioned it was the first time or not. I just remember her saying she had them.

Had you ever heard her say that to you before that she was having suicidal thoughts?

No.

Did you own at that time a Surface Pro, a type of tablet that works as a laptop?

Yeah.

And who had access to that laptop?

We both did.

Okay. You and Lindsay?

Yeah.

And going back to August 22nd, 2022, did you click on a link on that Surface Pro that was titled Methods of Suicide?

Not that I recall.

Okay. And August 22nd, 2022, that was before Lindsay had been on any medications as far as you know, correct?

Correct.

Going back to December, she's told you that she's having these thoughts. What's your reaction when she tells you that she's having these suicidal thoughts?

I just wanted to support her. I asked those questions back to her and her mother was coming up pretty regularly anyways, so we let them know and we just tried to be supportive.

Did she also tell you at that time, at the beginning of December, that she was having some other intrusive thoughts?

Yeah.

Is that how she described them or how you described them, intrusive thoughts?

I would say both.

Okay. And when she told you that she was having intrusive thoughts, did you ask her what they were?

Yeah.

And what was her response?

She described thoughts of hurting the kids or them having some sort of ailment. So, she was very worried that Cora had, whenever she had a stomach ache, she became overly worried that she had like a liver problem or something much more dramatic than it was.

Okay. But going back to that first part, she said she had thoughts of harming the kids. Is that correct?

Yeah.

And did she tell you whether or not she had specific thoughts of how she would harm the kids?

No.

And she didn't describe that as hearing this external voice telling her to harm the kids, correct?

Correct.

She told you she was having intrusive thoughts herself of harming the children, correct?

Correct.

And did you ask her how she was going to harm the kids?

I didn't ask it in that way. It was the same thing. I said, "Do you have a plan and is it disturbing to you?" And she said no. And then she said yes. And-

Let me go back for a minute there. You said, "Do you have a plan?" And she said no. What was the second question? Second part of the question?

I said, "Do you find it disturbing?" And she said yes. And she described it as really the way she was describing it as something that might happen to the kids.

So, it was more something might happen than she might do something. Is that correct?

Yeah.

And did she tell you how long she had those thoughts for?

She didn't give a duration.

And how many times did she tell you this, that she had thoughts of harming the kids?

A couple times.

And was that a couple times over the course of a night or two in December?

Yeah. Okay.

And as a result of her telling you this, that she had thoughts of harming the kids, what did you do?