Trial Day 14

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 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.

All right. Well, good morning everyone. Good morning, counsel.

Morning.

Good morning, Ms. Clancy.

Morning, Your Honor.

All right. Before we bring the jury in, could I see everybody just for a few seconds?

Camera speed.

All rise, please. 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 of Massachusetts, this court is now in session. Please be seated.

Good morning, Your Honor. May I proceed?

Please.

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

Well, good morning everyone.

Good morning.

Nice to see everyone. I hope everybody had a chance to kind of rest up a little bit and come back here and we're going to get right back to the trial. So what I want to do first, ask you those questions since we had a long break, and then talk a little bit about the schedule and today's schedule and kind of where we go from here. So first question, as you know, has any member of the jury read, seen, heard, or overheard anything from any source about any aspect of this case that would affect your ability to be a fair and impartial juror?

No, Your Honor.

All right. Next question. 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 at this time?

No, Your Honor.

Again, thank you so much for following those instructions. So today's schedule is that it may be kind of a little bit stop and start. Okay? So kind of bear with us on that. Might be a couple times you got to take a break just after a short amount of time and then we'll bring you back in. It's just the nature of cases at this point. It's anticipated that the Commonwealth will close their portion of the evidence today. All right. Then at that point, the defendant has the opportunity, if they want to, to present witnesses and evidence if they want to. But remember, they don't have to. The burden of proof is always on the Commonwealth. If the defendant offers evidence, then the Commonwealth is then given the opportunity to offer rebuttal evidence. All right. And so that's kind of the next phase that we're about to go into after the Commonwealth rests. And I'll go into a little bit more kind of how that goes, but I just kind of wanted you to kind of see where we are and where everything's going to fit procedurally as we go forward from here. So with that, we're going to return to the Commonwealth's case. And Attorney Sprague.

Thank you, Your Honor. Commonwealth calls Ian Whiffin.

Good morning. Do you solemnly swear that the testimony of the evidence you shall give to the court and and the jury [inaudible 00:05:33] and nothing but the truth, so help you God?

I would rather affirm I do.

Thank you.

Thank you.

All right. Good morning, sir.

Good morning.

All right. Attorney Sprague, please.

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

Yes, it's Ian Whiffin. I-A-N W-H-I-F-F-I-N.

Where do you work?

Cellebrite.

What is Cellebrite?

Cellebrite is a digital intelligence company working in the digital forensics field.

And how long have you worked there?

Since 2020.

What is your role at Cellebrite?

I'm currently a customer engagement manager.

What does that mean?

I work with customers helping users of our tools to understand the digital evidence that they're finding and presenting.

And what does digital evidence consist of?

Any information which is extracted from a cell phone primarily, or from a computer, which can be interpreted by the examiner and presented as evidence. It could be call history, messages, location data, media, anything that you can find from a digital device.

Could you just briefly describe your educational training background that qualifies you to do this work?

Yeah. I've worked in IT for many years. In 2013, I began my career within Calgary Police Service in Canada as a digital forensics examiner. That was after spending approximately 9 or 10 years working as a patrol officer in the UK and in Canada. As part of my role as a digital forensics examiner within the Calgary Police, I went on numerous training courses. The Canadian Police College, they did an introductory course into digital forensics, and then further courses focusing on mobile data provided by some vendors such as BlackLight or Cellebrite at the time, as well as further courses presented by the Canadian Police College, specifically about cell phones.

And Cellebrite, the software produced by Cellebrite, is that software used to extract and analyze data from cell phones and computers?

Yes. There are several tools within our catalog. One of them is designed to extract as much data as possible from a cell phone. And then one of the other tools is designed to take that extracted data, decode it, decrypt it, make sense of it, and provide it to the user in a way which can be searched, filtered, organized, reported, and presented.

Does Cellebrite's ability to access cell phone data continually change based on improvements that are done to the phones themselves?

Yes. There's constantly changes being made to devices which make it difficult to extract the data. There are changes being made to the software that means that the data that we extract is now different to the data that we extracted previously. A new feature, for example, or a change that's made by the software developer. So we're constantly changing our software to be able to extract that data and to decode more data.

Were you asked to locate Apple Health data and other information that could be relevant to the investigation of an incident that occurred at 47 Summer Street in Duxbury on January 24th, 2023?

I was, yes.

And what is Apple Health data?

Apple Health is a component of the iOS operating system which logs sensor data from multiple locations. So there's sensors built within an iPhone that monitor steps taken, flights climbed, for example, as well as third party devices, Apple watches, Fitbits, any other device. All the information is brought into the Apple Health application, aggregated, and made available for the user to see.

Roughly how many phone extractions have you done?

Since around 2013, well over a thousand phones.

And how many times have you done analysis on phone extractions?

The analysis is part and parcel. So of those thousand phones or so which I've extracted, I've done analysis on all of those phones as well.

And then you've also done analysis on extractions like in this case where someone else did the extraction and provided the information to you and you did the analysis?

Correct. Yeah. Whenever I'm helping customers or users of our tools, they may provide me with the extracted data. So the data which I'm analyzing is more than the devices I've extracted.

And have you testified previously in courts about what you've done in terms of extracting and analyzing information?

Yes, I've testified in multiple courts around the world approximately 28 times.

Now you received a copy of the extraction for Lindsay Clancy's iPhone 13, correct?

Correct.

And when you received that extraction, did you also want to know all the specific information about the case in the investigation?

Typically when I'm working a case, I don't want to know a lot of detail. I'd rather come to my own conclusions based on the data that I'm viewing rather than note the intricacies of the case. All I require is an outline, the date that something happened, the time, who was involved, basic information.

And in terms of the extraction that was done on Lindsay Clancy's iPhone, that extraction, what type of extraction was it?

That's what's called a full file system extraction. It's essentially all of the data which has been extracted from the device that is still live.

And did you use specific tools to conduct your analysis?

Yes. There's the Cellebrite physical analyzer tool created by Cellebrite and also my own tooling applications that I've been working on for several years.

So you've actually made your own tools that allow you to examine phone extractions?

Correct. There's some tools that I've been working on since prior to joining Cellebrite. Tools that as an examiner I decided that I needed to create for myself and make available to others. And I still use those tools to this day.

And these tools that you used, are those the tools that allow you to examine and categorize the information, the data that you find in the extraction?

Yes. The primary point of the tool is to go into the data, decode it, provide it in a way which is easy to filter and search, but also additional tools there that allow you to dig into the data and look at the raw information, the databases, the files, all of the raw information, which is what our tools initially decode.

And did you focus in on a particular timeframe when looking at the data on the defendant's iPhone?

Primarily I knew that the date of the incident was 24th of January 2023. So that was the main focus of my analysis. But some of the data I was aware could be from further afield than that. So I took a look of, I think it was around three weeks before that. So early January to late January.

Were you able to look at the health data on January 24th, 2023 that was in the defendant's phone extraction?

I was, yes.

And what is health data and how does it show up on a phone?

The user of the phone would be able to access the health data via the health application where the information's broken down to explain how many steps have been taken over a particular period of time, the approximate distance that was traveled, the number of stair flights that were climbed. That data is stored on the device itself in a database. So as a forensic examiner, I can take a look at that database in its raw form, understand exactly where the information's coming from, and present it to the user of our forensic tools in a slightly more forensic-friendly method than the user of the application on the phone would see.

Showing you on the screen here, page four of your report. Looking here, we have a section here, heart rate data. Is that correct?

Correct.

And you're able to see here... What can you tell about the heart rate data from the extraction?

So heart rate data comes from wearing an Apple Watch or a similar device, not from the phone itself. In the case of this phone, there was an Apple Watch paired to the device and all of the heart rate data which is recorded periodically throughout the day is stored within the health database.

And what was the name associated with the Apple Watch?

So as it says in the third paragraph down, the Apple Watch itself was called Lindsay's Apple Watch.

And here in the report, you're able to show the recorded heart rates throughout the day. How is the heart rate recorded and sent to the phone?

There are sensors on the Apple Watch itself on the rear, which periodically check the heart rate at any given time. And that information is sent to the phone via Bluetooth.

And are you aware of how often an iWatch will record the data and report it to an iPhone?

The actual cadence at which the watch is checking would depend on what the user's doing. So if you are in the middle of a workout, it would be a lot more consistent than just periodically throughout the day. And I actually don't know how often it is throughout the day if you're not doing any particular workout. There doesn't seem to be a set cadence. Every device I've looked at, it's slightly different.

I'm showing you page five of your report, this database of the heart rates. For example, in several locations, there'll be a heart rate report, maybe a few seconds in between them. In others, there's seven or eight minutes in between the heart rate report. Is that where you're talking about how it varies depending on what you're doing at that point in time?

Yes, this is typical from what you see when you look at the database. The timestamps are never consistently a recognizable cadence.

And the highlights in green, what do those represent?

So I actually tried to just highlight some of the high points for the day. I realized a few days ago while reviewing this, there was records there that show a high of 123 and 122, which I had not highlighted.

And that's right there-

Correct.

11:46?

Yes.

And what was the last time a heart rate was reported from the watch to the defendant's phone?

So the last heart rate recorded was at 17:23:52. So 23 minutes past 5:00 in the afternoon with a heart rate of 57 beats per minute.

What was the average heart rate for the day for the defendant's phone?

There was a range of heart rates going between as low as I believe around 50 and as high as around 122. On average, it was around high 80s, early 90s.

And so at 5:23 PM, the last recording of her heart rate was 57?

Correct.

And there aren't any further heart rates reported to the phone after that point, correct?

That's correct.

And what are some of the reasons why a watch would no longer be reporting a heart rate to the phone?

If the watch was taken off, if the watch was turned off.

If the battery died?

If the battery was dead, yes.

Okay. You also mentioned flight climb data. What is that?

Flight climb is information which the Apple Health application stores every time it detects that you walk up a flight of stairs. So a flight of stairs will be considered either a three meter or 10 foot incline over 16 steps. So the device has detected that both the altitude has changed by 10 feet and there were steps being walked at the same time.

So there's two factors being considered there. The steps that your watch monitors as you walk and then the altitude. Is that correct?

That's correct.

And what is it? Is it GPS or something that's keeping track of your altitude?

The altitude is being monitored by a barometer or an altimeter, which is inside the device, just measuring for differences in air pressure.

And this information, the flight climb data, can that be monitored by both a watch and your phone if you have it on you?

It is. Both devices have got the barometers built in. Both devices can monitor flight climb events.

Can anything simulate or kind of fake out the watch or the phone into thinking that a flight of stairs is being climbed when it's not?

There are some circumstances where that can happen. They're typically quite rare, but it can happen.

Is an example of that being in a car and going up a hill?

Correct. Yes. If there is movement which the device can mistake for steps at the same time as the incline is being driven, then that could accidentally record a flight climb.

But if a person's not in a car and is in their home, then it would be flights climbed, not hills being driven, correct?

Correct. If the person is in a house and there are flight climbs being recorded, then the only rational explanation is that the person was climbing stairs.

In terms of flight climb data, how is that data displayed in the health data itself?

Within the application or within the forensic tool?

Within the forensic tool.

Okay. So within the forensic tool or within physical analyzer, we break down the health data into our segments. So for an hour we may say that there are three flight climbs and then it's up to the user to dig in a little further. They can select that one hour and then see how that activity breaks down over the hour. So you would see that there were two flight climbs that occurred 10 minutes after the hour and then another flight climb occurred later on.

So showing you page six of your report here, the top box here, is that showing the general hour data where three flights have been climbed?

Correct. So in this case, the user's looking at a time period between 10:00 AM and 11:00 AM and the health data that's been pulled from the database has been aggregated. And it tells you that there's 98 samples being considered. The maximum heart rate during that hour-long period was 108. The distance traveled was approximately 759 meters, and there were five flights climbed within that hour.

And then below that, you break that down a little further, correct?

Correct. So this is further down the screen in the interface where we can see actual time of 10:17:27 where there's two flights climbed. And again, another record at 10:17:28 where there were two flights climbed and then a further flight climb at 10:49.

And then going down to the bottom here, this table, what are we seeing here in this table?

So you may have realized in the slide above where there was two flight climbs at 17 seconds past and two flight climbs at 18 seconds past. That's an unrealistic measurement. It's because one of those measurements comes from the phone and one comes from the watch. This table breaks it down to say which of these records came from the watch and which came from the phone because there are some which overlap.

So what you're saying is the prior table, it showed the four flights of stairs being climbed at the same time within seconds, which isn't rational. But this breaks it down to show some of that data is coming from the watch and some of it's coming from the phone, correct?

Correct. So if we look at records at four and five here, for example, we can see a start time of 10:17:27 and an end time of 10.27:06 where the watch recorded two flight climbs. And then one second later, a start time and two seconds later for the end time, we see the watch also detected two flight climbs. This is just the same two flight climb events that happened, but both devices recorded those flight climbs with slightly different timestamps.

And that will happen if I'm wearing my watch and I have my phone in my pocket and I go up the stairs?

That's correct.

Did you do something to compare these times and make a table where you ignored or disregarded the double entries?

I did. I tried to correlate and discard all of the duplicate information. So where there was an event of a flight climb that was recorded on the watch on the phone, rather than provide information that said there was two flight climbs, I would ignore one of them and limit it to just the ones which we could prove happened.

And that's displayed here in this chart at the bottom of page seven of your report?

Correct.

Going to page eight of your report, we have here at the top of page eight, does that show the last flight climbs recorded on either the defendant's phone or watch?

It does. It shows that there was additional flight climb events logged by the phone, which were not logged by the watch at 17:03 and 17:33.

So these records indicate that at 5:03 PM, the defendant's iPhone was with the person as it went up the stairs. And then at 5:33 PM, the iPhone was with the person as it went up the two flights of stairs?

Correct.

And there's a time difference there. The start time is 5:33 PM and the end time is 5:38 PM for two flights of stairs. So that's roughly five minutes in between the two flights. Is there a way to explain that length of time?

The way the Apple Health data records this information aggregates it. It tries to group events together. So in this case, it would've recognized that there was a flight climb on the phone at around 17:33:34 and a second one at around 17:38: 33. And it just grouped them both into one event. It doesn't mean that it took five minutes to walk up two flights of stairs. It's just within that five minute period there were two flight climbs.

So if I have my phone in my pocket and I climb up a flight of stairs and then I spend a few minutes on that floor and then still with my phone in my pocket, go up another flight of stairs, that's representative of what we're seeing here at 5:33?

Correct. There tends to be around a 10-minute window where it tries to check every 10 minutes, but it can reduce that window in a case like this where it sees that there's group data within a smaller time period.

And then further down on page eight, we have another table here, which seems to have combined data of heart rate and flight climb data. Is that correct?

Correct.

Did you also look at web usage on the extraction of the defendant's phone?

I did, yes.

And what did you do to look at the web usage on the phone and what timeframe did you look at?

For web usage, I expanded the time of interest to early January to the 24th of January. I just took a look at any web history over that time. There was over 1,300 records recovered. I took a cursory look down that list and highlighted some which potentially were relevant to the case, and then provided the 1,300 actual records as a appendix report.

And going to page 12 of your report, looks like you started here on January 10th, 2023. Is that correct?

That's correct.

And basically here you list various searches that occurred on each day between January 10th and January 24th from the extraction. Is that correct?

That's correct. Broken down by day with the time of the search, the website that was visited, the title of the webpage, and then the identifier in the database.

And looking at these searches, on January 12th, 2023 at 19:48, so that would be 7:48 PM, is that correct?

Correct.

There was a search. In the title it says, "How Quickly Does Wellbutrin Work for Depression?" The title, is that what the user is putting into the search?

If I could see the search, please.

I'll zoom in on that.

The top entry here we can see starts with httpswwwgoogle.com/search?q. The text after the Q, "How quickly does Wellbutrin work?" is what the user searched. Typically, that is exactly as the user typed it, assuming that there are no autocompletions in place. In this particular case, it appears it was searched using Safari. So there's no autocompletion that is essentially what the user typed in. And then the title, "How quickly does..." I can't say that word, I'm afraid.

Wellbutrin?

"Wellbutrin," thank you, "Work for Depression Google Search" is the title of the page which Google assigns.

Which is the title of the page which Google assigns.

So where it says after the queue, how plus quickly plus does plus, the user's not putting in those pluses, correct? What were you calling those?

So that's part of the attribute. It's how the data's encoded in a URL or in a web search. You can't have spaces within this address string. So they replace the spaces with the plus symbol.

So I type in how quickly does... And the computer adds the pluses in the space box?

Yes. It's URL encoding to make it safe for the browser.

And then at 7:49, there's a search for Lamictal for depression?

Yes. And depression spelled with a B at the end instead of an N, which demonstrates that this is what the user typed in rather than a page that was being visited.

And then a few minutes later at 7:55 PM, the user typed in Elavil for depression, correct?

Correct.

And then on page 16, on January 18th, 2023 at 10:25, we had a search there, ketamine for suicidal ideation. Is that correct?

Correct.

And again, that's the user typing that in?

Yeah. Again, those words were typed in by the user.

And then on January 19th, 2023, on page 17 of your report, we have symptoms of postpartum psychosis searched on January 19th?

Correct.

And again, so we're looking at... This is AM, correct? 9:24 AM that was searched?

Yes, the morning.

And then 9:30 AM, there's another search for psychosis symptoms?

Yes.

Going back to that same page, page 17, at the bottom for January 24th, we have here searches for kids MiraLAX at 02:02 PM and takeout 3v at 4:13 PM. Is that correct?

That's correct.

And then CVS Pharmacy at 4:47 PM, correct?

Correct.

There was also an Apple note that you found in the records, correct?

There was.

The Apple note, in your report, it says it was created on December 22nd, 2022 at 10:23 AM. Strike that. And then modified at 10:23 AM on January 23rd, 2023, correct?

Correct.

And are you able to tell what in the note was modified?

No, there's no real auditable log to look back and see how many times it's been modified over the course of its life. I was able to do some amount of recovery to see that on the day it was created, it started in a very similar way to as it's written on the 24th or 23rd of January. But the exact changes between when it first was created and the last time it was modified, we don't know.

And then you also looked at messages, correct?

Correct.

And were you able to compile the messages that were sent and received between the defendant and her mother and the defendant and her husband on January 24th, 2023?

I did, yes.

And were you able to arrange it using the tools that you use in a way that looks like you might see it on your phone?

Yeah, I tried to prepare it in a report, which would be easy for any viewer to understand based on their own usage of text messaging.

So showing you page 19 of your report, what we have here is an enlarged version of what you might see on your phone, correct?

Correct.

And so someone's... In blue, is this Lindsay's phone?

It is. The messages in blue on the right would be outgoing. The messages in gray on the left would be incoming.

And so you have a photo being sent out from Lindsay's phone to her mother and then a reply coming back and that pattern goes on and on, correct?

Correct.

And then looking at page 22, you were able to do the same in terms of her contact with Patrick Clancy that day, correct?

I did, yes.

And so in gray, we have Patrick Clancy sending a message to Lindsay Clancy and in blue is the response, correct?

Correct.

Excuse me. Were you also able to look at the phone calls that occurred either incoming or outgoing to the defendant's phone on January 24th, 2023?

I did, yes.

And looking at page 27 and 28 of your report, first on page 27, just looking closely at the phone, here in the report it says 2024. Is that a typo? Is that supposed to be 2023?

That's meant to be 2023, yes. I apologize.

Okay. And so what we see here, can you just tell us what these columns are?

Yeah. The start time of the call, typically when it is answered by the recipient, the end time when the calls ended. The metadata is information including who the call was to or from, how long the call lasted, and then the reason that the call disconnected. And then a record ID. So if you had the database, you could go in and find this record based on the ID number.

And looking at page 28, this is the continuation of that table regarding the phone calls. Is that correct?

Correct.

And so what we're seeing here is at 17:33, which would be 5:33 PM, there's an incoming call from Patrick to Lindsay's phone. Is that correct?

Correct.

And it says duration, eight seconds. Sorry, zero seconds. Does that mean it was not answered?

In this case, it was an answered call.

And then at 5:34 PM, roughly a minute later, there's an outgoing call from Lindsay's phone to Patrick's, correct?

Correct.

And that call was approximately 14 seconds?

Correct.

And then at 6:09 PM, another incoming call from Patrick to Lindsay that went unanswered?

That's correct.

Now you also, in a section you called media, you have some photographs that were taken from the phone with some metadata included, correct?

Correct.

What is metadata?

Metadata is information about that photograph. It could be the device that captured it, the time that it was captured, the location, information about the lens, the lighting, et cetera.

And so looking at page 29 of your report, just for an example, what we have here are three photographs, correct?

Correct.

And the metadata for the first one shows captured at South Shore Medical Center. Is that correct?

Correct.

How were you able to determine that's where that photograph was taken?

The metadata of the photo included the latitude and longitude where the image was captured. I took that latitude and longitude and looked on Google Maps to see a physical address. In this case, it came down to the South Shore Medical Center.

And then the third photo here, that shows captured at the home address on Summer Street. Is that correct?

Correct.

And then you looked at device usage. What is device usage?

Device usage would relate to how the user is operating the device. So when they have it unlocked, locked, what applications being used any particular time. Essentially, anything which is not a message or a phone call or results in additional data like that.

And looking at page 32 of your report, in that device usage log, it shows that the last time the device usage was logged was at 5:13 PM, correct?

So this table relates just to the locking and the unlocking of the device. So the last time the device was unlocked was at 17:13: 16. The device was locked again around two minutes later at 17:15:12, and the device was not unlocked again.

And so where the device was not unlocked again after 5:16 PM, but we have a phone call being made at 5:34 PM. How does that happen?

There is a setting within iPhones that allow you to use a locked device to call back numbers for missed calls. So in this case, Lindsay had the missed phone call that would've shown on screen as a notification as a missed call. And without unlocking the device, you're able to call that person back.

So you just press on the icon that shows up, you have a missed call, you press on that, and you can call the person back without unlocking the phone?

Correct.

And then what is application focus?

Application focus is literally the application which is visible on screen at any given time.

And at 4:13 PM, 16:13 on January 24th, you've highlighted it in green here. What are we seeing there?

At 16:13:23 until 16:14:50, the Apple Maps application was being used, visible on screen.

Is it then used again at 5:13 and 5:14 PM? Or is that a different application?

So at 5:13 until 5:14, it was mobile Safari. So the mobile version of Safari, the internet browser was on-screen. And at 17:14:47 until 17:15:08, it was the mobile SMS or messaging application, which was on-screen.

So do you just look at the part that's in parentheses to see what application was open or being used at the time?

Correct. What application was on-screen at the time.

So for example, where it says 17:34, which would be 5:34 PM and in parentheses is in-call service. Does that represent a phone call?

It does. That's the screen that indicates you are in a phone call.

And staying with the same page, page 34, you've made some notes here. Let's go out a little bit, regarding Apple Maps, Safari, and messaging. So can you just explain what you pulled from the data for Apple Maps?

Yeah. Apple Maps was used to plan a route from the user's current location, the home address, to a restaurant called 3V.

And that was at 4:13 PM?

It was.

And then in terms of Safari, you have the last unlock at 5:13 PM?

Yes. So the last unlock of the device was used for the purposes of viewing Safari where PDLX was searched using Google.

And then in terms of messaging, what did you pull from the data there?

At the same time or in that same device usage. So the device was unlocked, Safari was used to search PDLX, and then the messaging application was opened to send a message to Patrick saying PDLX liquid stool softener.

And that was at 5:15 PM?

It was.

And then did you create a timeline combining all the data that we've talked about into one timeline?

I did, yes.

And going to the last page of your report, page 43, is this the last page of the timeline?

It is, yes.

And in that page, can you explain what we're seeing here?

Yes. So the very first column is the timestamp. The next few columns which show typically colored is related to the activity, which will become a little bit clearer in a moment. The column in the center explains what the record is. So if, for example, we look at the 17:13:16 record, we can see a U, which means the device was unlocked in pink. That unlock event lasted until 17:15:12. So hence that entire column is in pink and shows the relevant lock event.

So here we have 5:13 device unlock.

Yes.

5:15 device lock, and there's this column connecting them, correct?

Correct. And then any activity that happened during that unlock time is then shown within the rows between. So again, we see Safari open at 17:13:16. Safari was closed at 17:14:47. Messaging was opened at 17:14:47. While messages were opened, there was an outgoing message sent for PDLX. Then messaging was closed. Messaging was opened again and messaging was closed prior to the device locking. So everything in the colored columns tries to show all of the events that happened at the same time or during that parent event.

And what we have here at 5:33 PM, we have the flight climb started. Is that correct?

Correct.

And flight climb ended at 5:38. So that line again connecting them?

Correct. So two flight climbs occurred during that time period.

And in between when the flight climb started and the flight climb ended, you had the two calls, the incoming call that was missed from Patrick and then the outgoing call to Patrick, correct?

Correct.

So the first flight climbed had already been started. Someone had already started climbing up a flight of stairs when that first unanswered call happened, correct?

So flight climb started is how it's listed within the database and within the software. But it actually... The flight climb time is when the flight climb has been recognized by the device as the device has already climbed up those stairs. So even though it says flight climb started, that's technically the time that the flight climb or the first flight climb had ended.

So where it says 5:33:34 flight climb started, that actually indicates the person has gone up that first flight of stairs already?

Yes. That indicates the phone has now realized I'm three meters higher than I was the last time I checked. Therefore, a flight climb has already been completed at that point.

And then the calls happen, and then the phone realizes at 5:38 that another flight has been climbed?

Correct.

I would move to submit the report as the next exhibit.

No objection.

All right. The report may be admitted.

1566

I have nothing further.

All right. All right. So members of the jury, remember I said it might be a little stop and start here today. This is one of those stops. All right. So we're going to take a short break and then we'll come right back and return for the cross-examination of this witness. Okay?

All rise please, Jurors. Thank you.

Kendra might be coming here on Thursday.

Why?

She's doing that.

Oh, staying after.

Jurors have exited the courtroom. The court's in session.

All right. So the court will be in a short recess at this time. Thanks.

Court, all rise. This court is back in session. You may be seated.

Yeah. Counsel, we ready for the jury?

Yes.

Yes.

All right. Yeah.

All right.

All rise please. Jurors entering. Court is back in session. You may be seated.

All right. Thank you, Madam Clerk. Mr. Reddington.

Thank you, Your Honor. Morning.

Good morning.

Mr. Whippen, just a couple of things. One of the takeaways or question that I had is that you were talking about in reference to the Apple Health data. Fair to say that there's an issue as to the accuracy or reliability of the Apple Health data that you've actually done research on, right?

I've done research on it, yes.

Okay. And one of the things that you did is back about a year ago, June 28th of 2025, you did a blog article on Apple Health accuracy and reliability. And it talked about using a pitch, which I think you guys referred like a football field or something?

It was a Brooklyn field, yes.

And then you had somebody put the watch in their right pocket, somebody with the left pocket, and then someone else held it in your hand, you measured it and things of that nature, right?

Correct. It was three phones.

Some of the things were off a little bit, but basically you put that in your report and you were able to draw your conclusion as to the accuracy and reliability, as you say, of the Apple Health data, right?

Correct.

Now, if someone is wearing an Apple Watch, is that what records heart rate?

The heart rate is on the watch, yes.

It is on the watch?

Yes.

Okay. And the steps that the person takes, things of that nature, the movement, is that on the phone or would that be on the watch?

That's on both the watch and the phone.

Okay. Now, if you have an Apple Watch and you test it or you examine it, would you be able to determine what information was actually recorded by the watch while the person was wearing it?

Yes. The information that's recorded within the Apple Health database does specify whether the information comes from the watch, the phone, or from a different device.

Okay. And in this case, if I understand correctly, the Apple Watch stopped recording data at, is it 5:23?

It was around that time.

Okay. You know what? I'm going to give you your report. Feel free to just refresh your memory or look at it or whatever helps you out.

Thank you.

Yep. No problem. I just want to get the times down. I think you indicated that the watch stopped recording information at 5:23 PM.

Yes. The last heart rate was 5:23:52.

52. Okay. 5:23 and 52 seconds. And then I believe the phone and watch stopped recording at 5:38, was it?

The last usage of the... Let me double-check this. I believe the last usage of the phone to record flight climb data was at 5:38. Yes.

All right. And after 5:38, it's pretty much blackout. There's no further information or recording, right?

Yes. Not until the phone was seized by police, I believe.

By the police.

There's other activity, but appeared to be after the incident.

So the further activity would have been the following morning on the 25th of January, say around 5:30, 6:00 in the morning?

I ended my analysis on the 24th.

Okay. Well, so 5:23 PM, the watch stops recording information. 5:38 PM, both the watch and the phone stopped recording any information until the police picked up the phone apparently the following day, right?

Again, there would've been activity later on, but it wasn't usage. It wasn't health data. It would've been things like incoming calls, if there were any.

Okay. So when you went through the stair climbing and talked about the steps that were taken, the distance that was taken, that stopped at 5:38 PM, right?

Correct.

Now you don't know, when I say you, I mean as a witness, but also the police. Whoever was wearing the watch, for example, if Lindsay's wearing the watch or carrying the phone after 5:38, you don't know what was happening at 5:39?

Correct.

You don't know what was happening at 5:40, 5:45, right?

Correct.

Right up till 5:58, 6:00 PM, right?

Purely the data on the device.

So it could have been, the phone could have been put down, the watch could have been put down, battery died, whatever those issues could be. And the person would still be going down the stairs, going up the stairs, going in the backyard, doing pushups, whatever.

Correct.

You just don't know, right?

Yes.

Okay. One of the things... You're familiar with the concept of location data, right?

Correct.

And location data, one of the things you looked at or you're aware of would be from Lindsay's phone on August 23rd of 2022. Is that correct?

Apologies. August 23rd, 2022?

Yeah.

I didn't go back anywhere near that date.

You have tested and written blogs though on location information, right?

Correct.

You actually testified in the case of Commonwealth versus Victor Arrington in Suffolk Superior Court in Boston in support of the accuracy of this particular artifact or information, right?

Correct.

So you're a true believer that the phone does in fact record accurately significant locations on the iPhone, right?

It certainly can, yes.

All right. And are you aware, or if I was to approach you in your expertise... It's just the doctor. That's all. You were talking earlier about latitude, longitude, things of that nature, right?

Yes.

Okay. So just to get familiar with, for example, significant location visits on Lindsay's phone, August 23rd, 2022 at 9:34. Do you know what that says or what that means?

The created time?

Yeah.

Of 9:34? When the device decided that the device had visited this location enough to consider a visit.

Okay. Do you know what that location is? If I suggest to you it's a doctor's office, would you be aware of that?

I don't recognize it from the coordinates.

Okay. Thank you. This here, you're familiar with too, as well, right? The geo data with the latitude and the longitude?

Yes.

And you're familiar with the fact that you can take the metadata off of the information on the cell phone, one of which would be latitude and longitude. You'd be able to determine, for example, that this would be the Lindsay Clancy home, correct?

Yes, correct.

You've seen this before, right?

It rings a bell, yes. ‍

Okay. I'll offer this, Your Honor.

Any objection?

No objection.

Okay. That may be admitted.

Thank you.

Exhibit 267.

All right, thank you.

Now, you have your report in front of you, right?

Yes.

And that's captioned Digital Forensic Report, and it's in evidence, so the jurors are going to be able to review it in its entirety, right?

Yes.

If I could direct your attention to page 11, I believe. Yeah, page 11. Okay.

Yes.

And just so the jurors are able to acclimate themselves to it, that would be this item here that you went through with the district attorney, right? As far as the-

With the district attorney, right? As far as the searches, Google searches?

I have a different page 11.

Different page?

That looks like this page 12.

Oh, okay. Well, let me approach you with what is your digital forensic report, Report Number One.

Yes.

Yeah. Okay. Is this the same?

So this is a revision.

A revision?

The revision submitted in February that just had a different record highlighted.

Yeah. Okay. So basically there's no big deal difference, right?

Correct.

Okay. So we can go by, you have the revised and I have the old. Can you look at January 10th on the Google search, for example?

I can.

You have it?

Yes, sir.

So looking at January 10th of 2023, just read along with me and the jurors again would be able to look at this in the jury room. Prescription information at, it says 14:55, what does that mean? 12:14 in the morning?

12:14 AM, yes.

All right. And then 19:11, which would be at 7:11 in the morning?

7:11 PM.

Oh, PM. Okay. Trazodone and Benadryl. Goes on about an hour later, trazodone headache, Google search goes on. Trazodone and ibuprofen goes on. Trazodone and Tylenol goes on to 20:32, which would be 8:32 PM. Trazodone and Tylenol interactions, right?

Correct.

Fair to say that these are things that Lindsay Googled on her cell phone. That's what this document refers to, right?

Somebody used the cell phone to Google it, yes.

Oh, you don't know who was actually using it, but this is Lindsay's cell phone-

Yes.

... you're aware of that? Just if we jump ahead, looking at all of these various Google searches, follow with me on, let's say randomly, let's say page 13, 19:48, which would be 17:48 PM, I guess. You with me on that?

Yes. 19:48.

Yeah. Yes. How quickly does Wellbutrin work for depression? That's what was Googled, right?

Correct.

Followed by Lamictal for depression. Elavil for depression. How to tell if you're sleep deprived. Ketamine for suicidal ideation, right?

Correct.

These are all searches that were done on Lindsay's cell phone. And that particular date chronologically would've been the 12th of January, right?

Correct.

Now, without boring everybody, it goes on and on and on with searches along those lines, suicidal ideation, drugs, Trazodone, mixtures, things of that nature, right?

It does.

Page 17, if you have it, would be the Apple Note counsel asked you about.

Yes.

Okay. Now, if I suggest to you, sir, that this is the Apple Note. I believe a previous witness may have read this to the jury, so they will have this in the room to read. But basically, this is the note that says, "I was the healthiest, happiest mom. I worked out every morning, meditated, took care of myself, and basically my life has turned the crap." Right?

Correct.

So what was modified in this, if you know? Because counsel asked you if there was modifications and things of that nature, and I'm just asking if you know what was modified in it?

Exactly at the moment, I don't have all of that in front of me. It's possible to see snippets going back over time. I do recall on the 22nd of December when this was created, it started with the same sentence. And there was a few essentially spelling differences as time went on. But as much as you can recover from the earlier versions of the note, it's a snippet. It's essentially two sentences. And the rest of it is-

Basically the same note.

It's essentially the same note.

Okay. Thank you, sir. Going forward onto page 18, page 19 and 20, would you agree with me that. Well, actually in 21, they basically contain photographs that were sent from Lindsay's phone to, it looks like Patrick's phone. Would you agree with that?

I believe the first few pages are sent to Mommy.

Okay. And this basically is the ... There we go. This is the snowman in the backyard being made, right?

Correct.

And then Lindsay's phone is sending the blue-

Yes, the blue message is outgoing.

... and the green is that a response?

Yes.

And can you tell me what the response is?

The one on screen at the moment is the response sent from Mommy to Lindsay's phone saying, "That's a big roll of snow. I was wondering if you got enough for the kids to play in, and it's a pretty nice day too. Gives them something to do on a day without school."

Okay. And then your report then goes on with additional photographs of the snowmen. There's a box of Cheerios apparently. And then there's a photograph of a young boy appearing to be very exuberant with his arms up in the air. And then Lindsay's phone responds with a picture of the little girl with a mask on, right?

Correct. And this is a conversation with Patrick.

Patrick. Okay. So are you able to tell what Patrick said, if anything, when he sent the picture of the little boy with his arms up in the air?

So at the very top of that message above the photograph, it says, " Got himself dressed." And that would be the message that was sent alongside the photograph.

Okay. And then what was her response?

Initially, it was just the photograph.

Did she respond any further in your report, or your research?

Sorry?

Did you see any response in your research of the phone?

I don't remember seeing any response.

All right. Can you look at page 22?

Yes.

Okay. And this would be on January 24th, 2023 at it looks ... What time? Is that 8:19 in the morning?

Yes.

Okay. So if I suggest to you, sir, you can even look in your report, this is in the same thread with the little girl making the snowman and the text about, "It looks like a nice day. Hoping you got snow," things of that nature. And there was a reference by the mother, or Mommy to get the hot chocolate ready, things of that nature, right?

The message at 8:19 AM that says, "Cutie" was sent by Patrick in a different thread to the snowman photographs.

Okay. But I'm asking you about the one that's underneath the snowman and the Mommy text. The last commentary is, "Get the hot chocolate ready."

Oh yes, that's the one from Mommy.

And that's from the mother apparently, right?

Correct.

Or someone that is in the phone as Mommy, right?

And that was at 11:33 AM.

Now, if you look on page 22, we can get to what you were talking about. It looks like January 24th at 8:19 in the morning, cell phone number 781-375-8564. And what does that say?

"Cutie."

So just tell us though. So is that Patrick's phone?

Yes, that would be the phone stored as Patrick sending a message to Lindsay's phone.

And how did Lindsay respond? Or how did her phone respond?

It appears that Lindsay reacted to an image with the love emoji.

Like a little heart thing?

Yes.

And then what did Patrick say?

Patrick asked, "How's it going?"

What'd she say?

"Good."

And then did she say anything further?

Yeah. She also responded, "Okay, her urine looked good, so nothing going wrong with her kidneys, phew."

So she indicates that her urine looked good, nothing going on with her kidneys, and then phew, like whew. Something like that, right?

That's how I read this.

P-H-E-W?

Yeah. Yes.

And then he said, "Good," right?

Yes.

And then as you go forward, there's more pictures of the kids with the snowman making the snowman. Patrick then says to her at 11:00, looks like 11:29. Am I reading that right in the morning?

11:29:12.

What does he say to her?

"You're a good mama."

And does she respond?

She responds with an emoji, which is the face covered in hearts.

The face with the hearts. And then they go back and forth with each other up until getting the menu and asking what you want for takeout and things of that nature, right?

Correct.

Page 25, just in case you were looking. All right. Can you look at page 28 for me? And page 29, I can hold them up. They basically are just a continuation of photographs, little thumbnails of the kids doing snowman and sitting in the doctor's office, right?

Correct.

Okay. One of the things that you did is that you actually performed a comprehensive search. Is that a full focus extraction? Is that what you call it?

A full file system extraction.

Okay. And you did that for the phone belonging to Lindsay Clancy, right?

Correct.

That would be what you refer to as your appendix?

The Appendix One of the Lindsay Clancy phone is 1,300 and some web search visits.

Okay. So I'm going to hand you what says Report Number One, iPhone belonging to Lindsay Clancy, and ask if you can recognize that.

Yes. This appears to be just the web history from Lindsay's phone.

Okay. So that's pretty much the ... If anybody cares to look at it, that's the entire web history, right?

Correct.

All right. I'd offer this, Your Honor.

Any objection?

No objection.

All right. That may be admitted.

Exhibit 268.

Then Mr. Whiffin, you also had Report Number Four, which would be the digital report for Patrick Clancy's computer.

I did.

I'd offer that, Your Honor.

Any objection?

No objection.

All right. That may be admitted as well.

269

All right. Thank you.

And then finally, Report Number Five says Surface Pro laptop belonging to Patrick Clancy.

Yes.

So this would be your search of his laptop as well, correct?

Correct.

I'd offer this.

No objection.

All right. That may be admitted.

270

Approaching you with an item, sir, I'm just going to ...

[inaudible 01:13:45]-

Well, I'm just going to ask it. I'm not going to introduce.

Thank you.

No problem. This says Extraction Report, Apple iPhone. Do you recognize that?

Yes, I didn't create it. I recognize the report.

Okay. So that is a Cellebrite report of the extraction of Lindsay's phone, correct?

May I touch?

Yeah. You can look at whatever you want. Yeah, of course.

Yes, this is a report generated by Physical Analyzer, a Cellebrite tool of the device.

Okay. Now, if you look at the report, for example, just randomly on page, let's say 90, bottom line. It says web history. I just grabbed that random. January 24th, '23, correct?

Yes.

And then you go to the right and it says Lindsay's iPhone mobile library?

Yes.

Okay. And then it has the time that it was recorded, right?

Yes.

And what time would that be on that date, which is January 24th?

It would be 9:35 local time in the morning.

So if you jump ahead to January 25, 2023, let's say, is that 7:00 in the morning?

Yes.

Okay. And that says. What is it measuring at 7:00 in the morning on January 25?

So this is for the hour of health data. So it's being aggregated and it shows that between 7:00 AM and 8:00 AM, there was 47 meters traveled.

Okay. And then it goes on and it talks about, again, 7:00 and some seconds, it talks about 134 distance travel?

Yes.

Okay. And for example, January 25 at 8:00 in the morning, it talks about distance travel, steps counted, and distance would be 47 meters or feet?

Yes. Meters.

Okay. So is that information that is coming off of the cell phone, the Apple Watch or what?

That's coming from the watch and the phone and being displayed of one amount of information.

It's coming from the watch, right?

The way that the data's presented, that it's coming from the watch or the phone.

Okay. And the data's coming from Cellebrite, right?

Correct.

And Cellebrite is God's gift to cell phone searches, right?

I think so.

I mean, you work for them and you're also a guy that created all of this stuff for them pretty much, right?

I've created some other tools, yes.

Okay. If I tell you, sir, that January 25 at 8:00 in the morning, Lindsay Clancy was in a coma, laying in a bed with tubes coming out of her body and certainly not wearing her Apple Watch. How did that happen?

Based purely on the report there, I'd suggest the data came from the phone rather than the watch.

I just told you about the watch. Did you ever look at this watch?

No, we can't actually pull data directly from the watch. We pull it from the phone.

How do you look at a watch?

We extract the data from the phone, which is synchronized from the watch to the phone.

Okay. So I'm handing you, is that an Apple Watch?

It appears to be, yes.

Okay. And if I suggest to you that this was found a number of days later in Lindsay's bedroom in a drawer that the police never seized, have you ever seen this before?

I've never seen this before, no.

How long have you been working on this case with the government?

I started looking at this case in November last year.

Okay. Thank you. That's all we have, Judge.

All right. Redirect?

Thank you. Sir, from the documents that defense counsel just showed you, the activity on January 25th, was it your testimony that it could have been from the watch or the phone?

It could have been either device.

But what he showed you, did that have enough data on it to tell you specifically whether it was from the watch or the phone?

No, I'd need to take a look at the database itself and see where that information came from.

And you were saying that you cannot pull data from the watch itself. Is that correct?

Correct. We don't extract the memory from the watch itself. We extract data from the phone, which is synchronized to the watch. So we ultimately get the watch data from the phone.

And why is it that you don't pull it from the watch itself?

Apple's proprietary connections, the encryption that they use on the device complicates extraction. And essentially, considering we get everything from the watch via the phone, it's just additional work required to pull data from the watch, which would just be a duplicate of what we already have.

And you said that the watch syncs itself to the phone, relaying all data that it's collecting to the phone, correct?

Correct.

And Lindsay's watch was synced to Lindsay's phone, correct?

It was.

And if you were able to look at the data from the dates defense counsel mentioned from the extraction itself, you would be able to tell whether the January 25th data was coming from the watch or the phone, correct?

I would, yes.

But you can't from what he showed you, correct?

From the printout, no. I'd need the actual data.

And if on January 25th, the police have the watch, excuse me, the phone and they're bringing it to an evidence room and then they're bringing it to storage room, is that going to show steps and distance traveled?

Yeah. While the phone is turned on, it will consistently record steps walked regardless of who's carrying it. It will consistently record flights climbed regardless of who's carrying it.

And so if the watch is turned off in a drawer somewhere, the phone would be what's relaying ... Or, not relaying, but the phone would be what's recording the distance traveled and the steps taken, not the watch, correct?

That's the presumption. Yeah. If the watch is turned off, it's not doing anything. Any data would be from the phone.

And earlier, defense counsel just put in some exhibits of your indexes for all the data that you looked at for the phone and the computers, correct?

Correct.

And those indexes, do they contain everything that was on the phone and everything that was on each computer that could be pulled from the phone or the computer?

No, they were focused reports or focused searches. So from my reports, they were focused to essentially the internet history on those devices. The large Cellebrite report, again, I don't know who created that. I don't know what options were selected by that user, but there will be data on the device, which is not covered in that report by virtue of that's how decoding works.

And on the defense counsel asked you about the flights climbed and how the last reading was at 5:38 PM, correct?

Correct.

The last incoming phone call that you registered on your charts was the 6:09 PM phone call from Patrick to Lindsay that she did not answer, correct?

Correct.

From 5:38 PM to 6:09 PM, were there any other flights climbed showing from either the watch or the phone?

Don't believe there was, no.

And Your Honor, we'd move to submit the full extraction as the next exhibit. It's being copied now, so we just put a disk envelope in its place.

No objection.

All right. That may be admitted.

If I may, Your Honor. So you make reference to 5:38 for her question that there's no flights climbed or recorded or anything up until 6:00, right? You just answered that question?

Correct.

That's because the phone was either dead, off. We already went through that. She could have been walking all over the house, the yard, anywhere, right?

Yeah. The phone did not detect anything. I don't know why the phone didn't detect anything, whether it was set-

So your answer is you don't know ... I don't mean to be rude. Your answer is you don't know why, right?

Exactly. I don't know why it wouldn't record.

Okay. And you did not report at all on the steps and distances, did you?

I didn't, no.

Okay. Thank you.

Anything on that, Commonwealth?

No.

All right. Thank you, sir. You may step down. Thank you.

Thank you.

Commonwealth rests.

All right.

Oh, I'm sorry, Your Honor. There are some exhibits. My mistake. I believe they're by agreement.

Yeah, they're by agreement.

All right.

And then we would rest.

All right.

We have the Tewksbury Hospital records, two discs.

272A, B.

Mass General Institute of Health Professions transcript.

Exhibit 273.

The PF transcript.

What was that?

The PF transcript.

274

And then employment records from Mass General Hospital.

Exhibit 275.

We rest.

All right. And with that the Commonwealth rests. All right. All right. So members of the jury, as you heard from Ms. Sprague, the Commonwealth has rested. All right. So at this point, I've got to address some matters with the attorneys. So I'm going to ... There's another one of those stops. We're going to take a stop at this point. Have you go back to the jury room and address a few things with the attorneys and then we'll bring you right back in. Okay?

All rise, please. Jurors exiting. Jurors are exited the courtroom. This court's in session. Please be seated.

Before we do the motion for required finding, Your Honor, is this a good time to take the morning break?

Do you want to take a short break.

I'm looking something up, that's all. I apologize.

All right. So the court will be in a short recess and we'll come back without the jury. We'll address the motion and then we'll kind of go from there.

Great. Thank you.

Okay, thank you.

Court all rise.

... purpose of the recording. [inaudible 01:25:40] Commonwealth versus Lindsay Clancy. All parties are present excluding the jury.

All right. So the Commonwealth having rested, Mr. Reddington, does the Defendant have a motion?

Yes, Your Honor. I passed it up to the court. I don't know if you have it in front of you. It's basically a rule 25. It doesn't have any memoranda with it, but I would argue, and I would cite to the court the case that was decided of Commonwealth versus Brunette-Selveira. It's B-R-U-N-E-T-T-E hyphen S-E-L-V-E-I-R-A. It was decided towards the end of May of '26 by the Appeals Court in Massachusetts. It was a case out of the Boston Municipal Court where defendant was charged with assault and battery on a police officer. The evidence was presented that the defendant was acting erratically and that there was an awful lot of evidence that indicated that, brought out on cross-examination from witnesses that the defendant was suffering from some type of a mental illness. Based on that evidence being presented, the government rested their case just as they've done here. My suggestion to the court is that the evidence that's been presented on this case against Ms. Clancy, I would suggest, does not rise to the level under rule 25 where even if you take the Latimore standard and determine that the evidence would be decided in the light most favorable to the government at this stage of the case, I think the Brunette-Selveira case places, as they describe it, a negative obligation to prove a negative as part of their case in chief on the government. I suggest to Your Honor that the evidence that has been presented in this case is overwhelming, that this young woman was clearly and unequivocally suffering from a mental disease or defect, that it was occupying her waking hours, her life, that she considered all of her avenues. She attempted to go to these healthcare providers, using the term loosely, that she went to these people. She had medication after medication after medication. She was obviously acting, I suggest to the court, in a state that was observed by witnesses that in fact that she was suffering from mental disease, a defect, and then ultimately this horrific incident. So under that Brunette- Selveira case, there's no evidence I suggest from the government that would rebut the fact that there is evidence of lack of criminal responsibility. So under Brunette-Selveira and the cases that were cited in that opinion, respectfully, I would suggest that a required finding of not guilty should be entered on the case. I also would argue to the court that I think that under the Brunette-Selveira standard and the evidence that Your Honor has before you, that the matter should be reduced down, if you will, from premeditated malice of forethought, cruelty and atrocity to second degree. I'm not arguing at this stage Commonwealth versus Gray or any of its progeny as to manslaughter, but I think the court certainly in its wise exercise of discretion has the ability and the right to reduce the charge to a second degree murder or enter a required finding.

All right, counsel, thank you. Commonwealth.

Thank you, Your Honor. The case that defense counsel cited, there was a presentation of the Commonwealth's evidence. Commonwealth rested. Defense called an expert who said that the defendant was not criminally responsible. And the Commonwealth relied on a cross-examination of that witness and did not call any further witnesses. So the motion was filed for a required finding at the close of all of the evidence, which is what's required under Commonwealth versus Lawson, which Brunette Silva cites and is still good law. An SJC case, 475 Mass 806 from 2016 in which the court says that a motion for required finding of not guilty by reason of lack of criminal responsibility may only be brought at the close of all of the evidence, not at the close of the Commonwealth's case. In this case, as you're aware, defense plans on presenting experts who testified that the defendant was not criminally responsible and then the Commonwealth will have a rebuttal case with their own experts. So I think the time and place for the motion would be at the close of all of the evidence and not now.

All right. Well, I had an opportunity to take a look at Brunette-Selveira. So based on that and based on the standard as described that I have to apply at this point, I'm going to deny the defendant's motion.

I don't think I have to object, but I will.

All right. As we say, duly noted.

Yes. Thank you, Judge. Your Honor, could I inquire? Emily Thorndike is here and has been here. I'm just wondering, is the government ready for us to do the voir dire to see if she can testify? Because she is self-employed, she has patients and has canceled them day after day. I'm just inquiring if we're ready to go on that.

All right. So the question I think that we had put this over was in large part because of the records from McLean's. Do we know if those are in?

I've been inquiring, Madam Clerk, if there's been any status from the clerk's office and I think they haven't received anything. We have a call over to McLean's. They've acknowledged the receipt. They were waiting for a call back from somebody at the office. They though that the records were produced on Friday, but clearly that wasn't the case. So we have a call. We're waiting for a return call. I've provided people in my office the Madam Clerk's email address to get it expedited as quick as possible. So we are working to try to resolve the issue and the hospital has acknowledged they received the subpoena. We just don't have a response yet. And I would just also remind that we discussed this last week and talked about doing this tomorrow on Tuesday in order to get those records and have time for everybody to get them and review them so that a proper examination of the witness can be done in a voir dire.

Well, let's do this. Let's do this before we start going at each other. We'll see if the records come in. All right? The records come in, then we got to determine how long it takes for people to review it and get ready. So if we can do that this afternoon, great.

Okay. All right.

If we can't, I'll hear from the parties as to why we can't. We may have to do it tomorrow. But if we can do that that today, I do understand that that witness has been here a number of days, but at this point it's a question of the records coming in, which really is out of both parties' hands. So if the records are in, the parties can get ready, we'll do that voir dire. If not, we may have to do that tomorrow.

Thank you.

Okay. All right. Ms. Reddington?

Ready. Ready for the jury, Judge.

Yeah.

All rise please [inaudible 01:34:03]. The court is back in session. You may be seated.

Your Honor, the purpose of the record, I may return back to the trial. Commonwealth versus Lindsay Clancy [inaudible 01:34:43].

All right. So, members of the jury, as I indicated before, the Commonwealth is rested. All right. So, at this time, I'm going to inquire of the defendant if she intends or wishes to call any witnesses at this time. Mr. Reddington?

Yes, Your Honor. Thank you. Thank you. Yeah, please. Faith, yeah, I believe she's right outside.

Good afternoon. Please raise your right hand. Do you solemnly swear that the testimony and the evidence you shall give to the court and the jury in the matter now pending [inaudible 01:36:09].

Hi, good afternoon.

Good afternoon, Your Honor.

I'm going to ask you if you could keep your voice up and speak into that microphone.

Okay.

Okay? Thank you. Thank you.

I was going to say the same thing, so make sure that all the jurors way down here even can hear you. Okay?

Okay.

Tell us your name.

It's Margaret Hamp.

And what town do you live in?

Stoneham.

And what do you do for work?

I'm a labor and delivery nurse.

Where?

At Mass General.

And how long have you been working as a labor and delivery nurse?

I started on our labor and delivery unit in 2012.

Okay. So, about what, 24 years?

No. I started for the obstetrics department in 2006.

Okay. So, 20 years you've been working at the Mass General between obstetrics and labor and delivery, right?

Correct.

Do you know Lindsay?

I do.

How do you know her?

I was working on the labor floor when Lindsay first started with us.

So, this would be the labor and delivery floor and she started as a nurse, correct?

Correct.

Who had already been working there?

Correct.

And she was about what, 24 years old?

Roughly.

And came in as a young woman as a nurse, correct?

Correct.

Can you tell us to your observation. Let me ask you this. How many years did you work with her?

She started, I believe, in 2015 and I worked until 2002 when she went out with Callan.

About seven years or thereabouts. Did you know that she had a child, Cora?

Yes.

And did you know that she had a child, Dawson?

Yes.

And ultimately that she had a child, a baby that was born very, very recently, Callan. In the years that you were working with her, were you able to observe. I mean, did she like being a nurse? Did she want to work or was she a good nurse? What's your opinion?

Lindsay loved being a nurse. She was really good at being a nurse. She was compassionate. She was kind. She was a patient advocate. She was the type of nurse that you wanted taking care of you or your loved one when you walked onto our unit.