Trial Day 2

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 Shanan Buckingham.

Hi. Good morning, Counsel.

Morning.

Morning.

Good morning, Ms. Clancy.

Morning.

All right. Before we get started, could I see Counsel at sidebar briefly?

[inaudible 00:21:29].

Yeah. That's the final.

[inaudible 00:21:37].

Yeah. Yeah. So, Counsel, we're ready for the jury?

Yes.

Yes.

[inaudible 00:22:00].

Okay. [inaudible 00:23:05].

Court. All rise. Jury is entering. 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 attendance, 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 the continuation of the jury trial in the matter of Commonwealth versus Lindsay Clancy. Ms. Clancy is present, and she is represented by Attorney Kevin Reddington. And the Commonwealth is represented by Assistant District Attorney Jennifer Sprague and Assistant District Attorney Shanan Buckingham.

All right. Thank you, Madam Clerk. Well, good morning, everyone.

Good morning, Judge.

Nice to see everyone again. So what I want to do is just kind of go through. First, I'm going to ask you those couple of questions, make sure that everybody is able to follow my instructions. Then I'm going to go over today's schedule and maybe discuss a little bit about the week's schedule so you kind of have an idea where we're going with this. So first, let me ask those questions. Excuse me. The first question, has any member of the jury read, seen, or heard anything about this case that would affect your ability to be fair and impartial as a juror in this case?

No, Your Honor.

Next question. Is there any other serious matter or concern bearing on your service as a juror that anybody needs to bring to my attention at this time? All right. Again, thank you for following those instructions. Now, the schedule that we're going to follow today is we're going to continue with the case with the Commonwealth's witness who was on the stand Monday. And then we're going to take ... today, be a little bit ... Might be broken up a little bit. There may be a couple of breaks that we have to take during the course of that, but we'll try and keep those to a minimum. But we'll take a break at one o'clock, and then we'll come back this afternoon, and we'll probably go to sometime between 3:00 and 4:00. All right. Hopefully, I think tomorrow will be pretty much the same schedule. Tomorrow's Thursday. And then Friday, we are planning to go on that view. All right. And as a judge, I can control a lot of things, but I can't control the weather. All right? And so we've checked. It looks like the weather should be fine in regards to do this, but we'll talk a little bit more about that tomorrow. But that's just in case I forget about that. That's what we're going to do. So on Friday, you may want to make sure you have a jacket with you, or comfortable shoes, but we'll go into that a little bit more. So that's the schedule that we anticipate for the rest of the week. So on Friday, we do the view, we'll come back. We usually generally do that in the morning. And then we'll come back and we'll probably go to, again, probably around 3:00 or 4:00 if we can. All right. And then on Friday, I'll discuss with you the next week's schedule and kind of where we are in the timeline of this case. All right. So I'll try and keep you up to date as best I can in regards to the case. But like I said, there may be some unanticipated breaks here and there that we're going to have to take. So with that, we're going to return now to the Commonwealth's case. Commonwealth had a witness on the stand at that time. I'm going to ask, Ms. Sprague, if you could recall that witness, please.

Thank you, Your Honor. We recall Patrick Clancy.

[inaudible 00:27:40]. I want you to watch your step. [inaudible 00:27:44].

Please raise your right hand, sir. 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 [inaudible 00:27:54] shall be the truth, the whole truth, and nothing but the truth, so help you God?

Yes.

Thank you. You may have a seat.

Hi. Good morning, sir. Hi. Ms. Sprague.

Thank you, Your Honor. Good morning.

Good morning.

So on Monday, I had asked you some questions about the Surface Pro that you and the defendant had in your home and had access to, and about whether you had looked at a site on suicide methods on August 22nd. If I could ask you, did you look at a site for suicide methods on August 23rd, 2022?

I don't believe so.

Okay. And I had also asked you on Monday about when you were leaving the home on the night of January 24th, 2023, your observations of Lindsay and the children. Do you recall that?

Yes.

And you had testified that you observed Dawson on the couch eating, I believe you said chicken nuggets and green beans. Is that correct?

Yeah.

Do you recall, if you're facing the couch, where he was on the couch?

If I were facing the couch, he'd be to the right.

To the right. Okay. And showing you a photograph of the living room where there are some bowls on the couch. Is that a fair and accurate depiction of how the couch looked that night?

Yeah.

We could have this photo marked as the next exhibit.

All right. Any objection?

No. [inaudible 00:29:29].

All right. That may be admitted.

[inaudible 00:29:31]. Now, as you're getting ready to leave the house to head out to get the takeout, did Lindsay say anything to you?

Nothing specific that I can recall, just other than maybe goodbye.

Do you recall discussing something about CVS with her?

Yeah.

Okay. And what did she say about CVS?

She wanted me to pick up some stool softener for Cora.

And she hadn't mentioned that earlier in the text, correct?

Yeah. I don't think so.

Okay. So as you're leaving, she asked you to make a second or another stop while you're out. Is that correct?

Correct.

Okay. And in response to that request, did you ask her to do something?

I don't remember.

If I could show you page 77, lines 23 and 24, if you could just read those to yourself.

Yeah. I told her to text it to me, which she did.

I'm sorry. So that refreshed your memory. And asked her to text it to you?

Yeah.

And did she do so?

She did.

And was that at approximately 5:15 PM that she texted, "Pedia-Lax"?

Sounds correct.

So your two stops then that night were going to be CVS and the ThreeV Restaurant, correct?

Yes.

Where did you go first?

CVS.

And do you remember the route that you took to get there?

Yeah. I went out our driveway, took a right on Winter Street, and then took a left on the main road, and went to CVS.

So it's a pretty direct route from your house to CVS?

Yeah.

Just a moment. Just going to have you look at the screen, if you would, to a map. And coming into this red dot here, is that the approximate location of your home at 47 Summer Street?

Yeah.

And then looking at this pink dot here next to Big Y, is that where the CVS is located?

Yes.

And that's the CVS you went to that night?

Yes.

About how long did it take you to get there?

Three minutes.

And when you got to CVS, did you go inside?

Yes.

Okay. And what section did you go to in CVS?

I think it was pediatrics.

Okay. If we could pull up the CVS video. I'm going to ask you to look at the video here. Is that you entering the store?

Yeah.

Okay. And that section you head to on the right, is that the pediatric medication section?

Yeah.

Okay. And while you're in that section looking for the medication, do you do something?

I called Lindsay.

And why did you call Lindsay?

Because what we were looking for wasn't there. The shelves were pretty empty. It was still during COVID.

It was ... I'm sorry. What?

It was during COVID, so ...

Okay. And was that call at about approximately 5:33 PM?

Yeah.

Okay. And then did she answer the call?

Yes.

She answered when you called her?

Actually, I think she didn't at first. She called back.

Okay. And did you receive a call back from her about a minute later at 5:34 PM?

Yeah. That's correct.

Okay. And can you describe that phone call for us?

It was very brief. I just said ... I think there was a generic brand. And I said, "Is this one okay?"

Just said, "I think there's a generic brand." And I said, "Is this one okay?" And she said, "Yeah, that's fine."

And what was her demeanor during the call?

She was pretty quiet. It sounded like she was busy. I remember hanging up thinking she's probably in the middle of giving baths or something like that.

So it sounded to you like she was in the middle of something?

Yeah.

Were you able to understand her when she spoke to you?

Yeah.

And did she seem to understand what you were saying?

Yes.

And she didn't seem to have any trouble recalling why you were at CVS or what you were looking for?

That's correct.

And did you in fact purchase some Pedia-Lax at CVS?

Yes.

Did you purchase anything else while you were there?

I bought a pack of Skittles.

Just showing you a receipt here from CVS. Does this appear to be an accurate description of what was purchased?

Yeah.

If we could have the CVS receipt marked as the next exhibit, please.

All right. That may be admitted.

Exhibit 26.

And then if we could have the original CVS video marked as an exhibit and the CVS timeline, a condensed version marked as the following exhibit.

E27 and E28.

We have the original marked as 27. And the timeline is 28, please.

Exhibit 26, 27 and 28 so marked.

All right. Thank you.

After you had made your purchases at CVS, where did you go next?

To ThreeV.

And do you remember the route you took to get there?

Yeah, I think I got on Route 3 South for I think just one exit and then I got off and went straight to ThreeV. Okay.

And showing you the map again here on the screen. This green dot here on the bottom, is that where ThreeV restaurant is located?

Yeah.

Copy of the map. Your Honor, I'd move to submit a copy, a digital copy of the map. We have it on the computer. I can make a hard copy.

No objection.

All right. That may be admitted.

We can use empty case as a marker. Exhibit 29?

All right. Thank you.

If we could pull up the ThreeV video, please. Now, sir, how long approximately did it take you to get from CVS to ThreeV?

Probably around 10 minutes.

And when you got to the ThreeV restaurant, did you go inside?

Yeah.

I'm just going to ask you to watch the video on the screen. About 5:54:15 PM, is that you coming in behind that other couple there?

Yeah.

And what are you doing at that point when you're looking at the bags?

I think I was looking for the bag with my name on it.

Do you recall what you're doing on your phone at that time?

I don't. It could be work related. It could be anything.

Okay. And the order that was listed under your name and phone number, correct?

I think Lindsay ordered it.

Right. But do you recall whose name it was under when you picked it up?

I don't recall specifically, but it could have been mine.

Show you a receipt here from ThreeV restaurant for Mediterranean parable and scallop and pork belly risotto. If you could just look at the name and the number on the receipt.

Yeah, that's my name and my number.

So that's your phone number?

Yep.

Okay. So although the defendant called in the order, your name and phone number were given and were given accurately. Is that correct?

Correct.

If we could have the ThreeV video marked as the next exhibit.

Sure. That may be admitted.

Exhibit 30 so marked, Your Honor.

[Inaudible 00:40:03]

Yeah. Can I see counsel just very briefly?

Can I just have the receipt marked as the next exhibit?

Exhibit 39.

All right. It's subject to the court's order that may be admitted.

Sir, after picking up the order at ThreeV, where did you go next?

Home.

And do you recall the route you took home?

Probably the same route. One exit on the highway and then went home.

Okay. Do you recall approximately how long it took you to get home?

I would guess 10 to 12 minutes.

Okay. When you arrived home, where did you park?

In the driveway.

What type of car did you drive then?

A Chevy Silverado.

And was that a white pickup truck?

Yeah.

What kind of car did Lindsay drive then?

It was a Kia SUV.

And once you parked there, were both vehicles now in the driveway?

Yeah.

I'm going to show you a series of photographs of the exterior of your home. If you could just look through them and tell me if they accurately reflect how your home looked on January 24th, 2023.

Yeah, these are accurate.

If I could have these photographs of the interior of the home, front and back marked sequentially as next exhibits?

They may be admitted. Thank you.

32 through 37, 38. So marked.

So sir, showing you what's been marked as Exhibit 32. Is this the front of your house with the main door?

Yes.

And then showing you what's been marked as Exhibit 33. Where is this in relation to that main front door?

It's to the right.

And here where the light is that a secondary entrance at the front of the house?

Yes.

Okay. And for the record, that's to the left of the garage?

Yep.

Showing you Exhibit 34. Can you tell us what portion of the house this is?

It's to the left of the front door.

So if I'm facing the front door, it's to the left. There's a fence there. Is that correct? And Exhibit 35, is that more of that same fence on the left?

Yes.

And then showing you Exhibit 36, is this looking at your backyard from that left side area where the fence is?

Yeah.

And then Exhibit 37, can you tell us what we're seeing here?

This is the back of the house and the window where Lindsay jumped out.

And Exhibit 38, is that a more direct view of that back of the house?

Yeah.

And so the window you referenced about Lindsay, is it this upper right top window?

Yeah.

And what is behind that window?

Our bedroom.

And the window to the left there in the middle, what room is that window in?

That's the upstairs bathroom.

And then the top window on the far left, what room is that for?

That was Dawson's bedroom.

Dawson's? Okay. And then directly below the top right window, so the bottom far right window, what room is that window for?

The living room.

And then again, the middle window on the bottom level?

Downstairs bathroom.

And then that window on the far left there, is that the kitchen?

Yeah.

And on the far left of the photo where the sliding glass doors are, where does that lead into?

There's like a room off of the kitchen where there is a kitchen table.

When you got home and you parked your truck, how did you get into the home?

I went in through that side door.

The door that was to the left of the garage?

Yeah.

And what did you do once you got inside the home?

I started taking my boots off.

And did you have some bags with you from CVS and ThreeV?

Yeah.

Where did you place those?

On the kitchen island.

Show you a couple photos of that area where you came in. Just tell us if it accurately represents how that area looked on January 24th, please.

Yeah, that's accurate.

Could have these two photos marked with the next two exhibits, please.

They may be admitted.

Exhibits 39 and 40.

Sir, I'm showing you what's been marked as Exhibit 39. Can you tell us where the sliding glass doors are in this photograph?

They're to the left of the kitchen table.

So we have here the kitchen table kind of in the center of the photograph. Is that correct?

Yeah.

And so these are the sliding glass doors?

Yeah.

And where is the door that you came through?

To the right after the kitchen table.

Right here next to the curtain?

Yeah.

And the door, when you're looking at the photo straight ahead, this door to the left of the mirror or the photo there, where does that lead?

The garage.

And then showing you Exhibit 40, is that where you placed the bags on the island in the kitchen?

Yeah.

When you came into the house and you were taking off your boots and putting things down, was there anything you noticed?

Yeah, the house was really quiet.

Is that unusual?

Yeah.

And when you realized it was really quiet, what did you do?

I called out.

And who did you call out to?

Everyone.

Did anyone answer?

No.

After you called out and no one answered, what did you do next?

I don't know the order, but I called down in the basement and no one answered. And then I called Lindsay to see if she was home because I looked out and I couldn't see her car, but it's because it was dark and her car's black.

Okay. So when you say you called down to the basement, when you approached the basement door, do you remember if it was open or shut?

It was shut.

So did you open it and yell down?

Yeah.

And there was no response?

Correct.

And showing you a photo here. Is that a fair and accurate depiction of the stairway down to the basement level?

Yeah.

If we could have this marked as the next exhibit, please.

It may be admitted.

Exhibit 41.

Do you recall when you opened the door to yell down whether the light was on or off?

Yeah, it was on, but Lindsay always left the light on.

Okay. And you said you called Lindsay. Was that a phone call?

Yeah.

And was that at approximately 6:09 PM?

Yeah.

And did she answer?

No.

After calling down the stairs to the basement, did you leave the door open or did you close it?

I don't remember.

Okay.

I would think I closed it because I always try to keep it closed. I'm not sure.

Okay. And so after you called Lindsay and didn't get a response, what did you do next?

I started checking upstairs.

And where did you check upstairs?

First, the bathroom. I thought maybe they were taking baths, but there was no one there.

And then where did you go?

The kids' bedrooms.

Was there anyone in the kids' bedrooms?

No.

And then did you go to your bedroom?

Yeah.

And were you able to get into your bedroom right away?

No, the door was locked and that's when I knew something was wrong.

And when you realized the door was locked, did you have a way to unlock it?

Yeah. The previous owners, when they installed the doorknobs, had these keys that they taped to the back of each door. So I got the one from Cora's room and then I started unlocking the knob.

Okay. And when you unlocked the door to your bedroom, did you go in?

Yeah.

And what did you see when you opened the door and went in?

I just saw blood everywhere and the window is open.

And showing you here a photo. Is this the bed in your bedroom?

Yeah.

Now, the way the bed is in this photo, kind of pulled away from the wall and slightly askew or at an angle. Is that the way it was typically?

No.

And when you left the bedroom that day for the last time prior to coming home later that night, was the bed in that position?

I don't think so.

Could I have this photo marked as the next exhibit.

It may be admitted.

Exhibit 42.

And you said you saw the window, is that correct?

Yeah.

Was it open?

Yeah, there was wind blowing in.

Showing you a photo here. Is that a fair and accurate depiction of how the window looked?

Yeah.

Mark this as the next exhibit, please.

That may be admitted.

Exhibit 43.

Did you walk into the room and over to the window?

No.

How far into the room did you get?

Probably one or two steps, and then I immediately turned around and went outside.

And the blood that you saw, where was that located in the room?

It was everywhere. It looked like it was sprayed almost with a hose, and there was a huge puddle in the middle of the room, and it was sprayed all over pretty much every surface. I remember it was on the doorknob.

Okay. Showing you three photos. Do you recognize what's depicted there? And is that a fair and accurate depiction of how the room looked on January 24th, 2023?

Yeah.

We could have these three photos marked as the next three exhibits.

It may be admitted.

Exhibit 44, 45, 46.

Sir, showing you what's been marked Exhibit 44. Is this the entrance to the room looking into the room?

Yeah.

And then Exhibit 45, is this mirror to the right of that bureau we were just looking at?

Yep.

And this area right here, is this the blood you were referring to?

Yeah, that's some of the blood.

And then in Exhibit 46, is that getting closer to the window?

Yeah.

And is that more of the blood that you were talking about?

Yeah.

Going back to Exhibit 42, there's no blood on the walls or on the bedding, correct?

On those walls and the bedding, correct.

Thank you. Sir, were you aware that the defendant's phone was found on the bed in the bedroom that night?

Yeah.

Sir, showing you this phone with this light brown case. Do you recognize this?

Yes.

Whose phone is it?

That was Lindsay's phone.

And is this the phone that she was consistently using between September of 2022 and... Well, actually August of 2022 throughout the fall and into January of 2023?

Yeah.

Can we have this marked as the next exhibit please.

It may be admitted.

Exhibit 47.

Sir, after making those observations in the bedroom, what did you do next?

I ran downstairs and went outside.

And do you recall whether you went out the front door or the back door?

I went out the back door.

So that would be the sliders, is that right?

Yeah.

And where did you go from there?

I just looked around in the backyard below that window and I saw Lindsay.

And where did you see her?

She was face up in the backyard.

And where in the backyard was she?

At the bottom of the window.

And so looking at Exhibit 38, you said this was the window, correct? The top right?

Correct.

Where was she in relation to that window?

Directly below it.

So down here by the window well?

Yeah.

For the record, I was pointing right below the bottom right window by the window well. I'm going to show you a photo of that window you were referring to. Is this the exterior view of that window to your bedroom that night?

Yeah.

We could have this marked as the next exhibit, please.

That may be admitted.

Exhibit 48.

I'm showing you Exhibit 48. So the window's open, correct?

Yes.

And the screen for the window is up, correct?

Yeah.

At any point in time that night or afterwards, did you notice that the screen was cut or broken in any way?

I didn't notice that, no.

And when you saw Lindsay on the ground there under the window, which direction was her body facing?

Her head was closer to the house. Her feet were away from the house.

Okay. And did you go to her?

Yeah. ‍

And did you observe any injuries?

Yes.

And what did you see?

She had deep cuts on her wrists and she had a red line across her neck. I wasn't sure what it was at first, but she cut her neck.

And do you recall that these wounds weren't actively bleeding at the time?

I later learned that I said that on the 911 call.

And when you observed these wounds, is it correct that the 911 operator asked you or instructed you to apply pressure if needed?

I don't recall the whole call, but I believe that's probably true.

Okay. And you didn't at the time feel the need to apply pressure to any of those wounds, correct?

Correct.

Did you say anything to Lindsay when you found her in that state?

Yeah. I said, "What happened?"

And what was her response?

She said, "I tried to kill myself."

Did you ask her anything else?

I said, "Where are the kids?"

And what was her response?

She said, "They're in the basement."

And at that time, she didn't tell you that they needed help or they were in danger or they were injured, correct?

Correct.

And so you mentioned talking to someone on 911. At what point did you call 911?

I don't know the exact time, but it took a few minutes because my phone was switching between wifi and 911. So I almost just started calling out for the neighbors, but eventually it went through.

Okay. So you had some difficulty connecting, but eventually you connected to the 911 operator?

Yeah.

Okay. And did you stay on the phone with them while they were sending people to respond?

Yeah.

Okay. While you're on the phone with 911, are they asking you questions and you're responding with information about her condition?

Yeah.

Okay. And if you could just look at the screen here. Is this the model of the first floor of your home?

Yes.

Okay. And so we have here the sliding glass doors. Where would the basement door be in this model?

Directly below the stairs.

So now that it's flipped around, is this the door to the basement right here?

Yeah.

And for the record, that's the door across from the downstairs bathroom?

Yeah.

And then how long approximately? And I know you weren't looking at your watch or anything like that, but can you estimate for us how long it took for first responders to arrive?

Four or five minutes. Okay.

And during that time, are you continuing to try to talk to Lindsay?

Yeah.

Is she responding?

She's in and out of consciousness.

Okay. Was she breathing on her own?

I believe so.

Okay. And you're communicating information to the 911 operators and are they giving you advice on how to deal with the situation as it progresses?

Yeah.

Okay. Once emergency personnel arrive, what do you do?

I immediately got up and ran to the basement.

Okay. And do you still have the phone on you? You're still on the 911 call?

Yeah, I didn't realize it at the time, but I did.

Okay. And I'll have you look at this model here on the screen. Is this a fair and accurate depiction of the setup of your basement?

Yeah.

Okay. If you can just describe the rooms for us, what the purpose of each room was.

So the room in the back left was my office. The room with the black rubber mat is the gym. And then there's the living room to the right of that. And then the back right is just an area of the living room, and then there's a bathroom next to that.

So when you come down those stairs that night, which direction did you go?

Immediately went left.

And when you went left, what did you see?

I saw Cora.

And how did she look?

She had a band around her neck.

And was that an exercise band?

Yeah.

And do you recall what position she was in, whether face up or face down?

She's face down.

And when you saw her in that condition, what did you do?

I immediately ran over and tried to take the band off.

Were you able to get the band off?

Yeah.

And do you recall how you got the band off?

I think I untied it.

And when you say untied it, was it in a knot that you had to put everything down and unknot it or how was it tied?

I'm not sure I fully remember.

Do you recall describing it previously as when you initially tie your shoes, but then don't do the bow?

Yeah, that sounds right.

And was she responsive?

No.

And what did you see or do next?

I saw Callan.

And where was he?

He was next to her.

And how did he appear?

He had a band around his neck.

Sorry?

He had a band around his neck.

And did you remove that as well?

Yeah.

And do you recall what position he was in?

Same as Cora.

And looking at the model here, if you could just tell us where was Cora?

The left of the couch.

So would that be this area here that I'm pointing to in between the bureau and the couch?

Yeah.

And where was Callan?

To her left.

So would that be more over here towards the chair and the bureau?

Yeah.

After you removed the band from Callan's neck, what did you do next?

I tried to find Dawson.

And where did you go?

I looked...

And where did you go?

I looked in the bathroom and on the other side of the couch, and then I went to the other side of the basement and he was in my office.

And when you saw Dawson, what condition was he in?

I knew he was gone.

And did he also have a band around his neck?

Yeah.

And did you remove that band?

Yeah.

And looking at the office here, where was he located within the office?

Just to the left of the door when we went in.

Just in this area here, right inside the door?

Yeah.

If we may approach briefly.

Yeah, please.

Now, after finding Dawson and taking off the band, what happened next?

I think I was back and forth. I think I went to try to help Cora.

Okay. Did you try to give her CPR?

Yeah.

At some point in time, do the first responders make their way down to the basement?

Yeah.

And do they take over care of the children?

Yeah.

Where do you go?

They sent me upstairs.

Okay. And at this point, Your Honor, I'd move to submit the 911 call as the next exhibit.

It may be allowed pursuant to the earlier order.

... Cora, Dawson and Callan removed from the home and taken to a hospital?

Yeah.

Was that Beth Israel Deaconess in Plymouth?

Yeah.

Did you also go to that location?

Yeah.

And at the hospital, were you able to see your children?

Yeah.

And was Callan then transported to Children's Hospital?

Yeah.

Did anyone ever tell you not to leave your kids alone with Lindsay?

No.

In January of 2023, did Lindsay ever tell you that she wanted to harm your children?

No.

Did she ever tell you she was going to kill your children?

No.

A few days after this happened, did you receive a phone call from the defendant while she was at Brigham and Women's Hospital?

I think it was like a week or so after, yeah.

Okay. And what did the defendant say at that time about what had happened with the children?

She didn't talk about our kids. She talked about what she went through.

And what did she say about what she went through?

She said she heard a man's voice telling her that if she didn't do it now, she would lose her chance or something like that.

And did she also tell you that she had had a moment of psychosis?

I don't recall.

Did she mention the children at all during that call?

I don't think so. I mean, not directly.

Had she ever mentioned psychosis to you before?

No. I didn't know what psychosis was until after this happened.

Did she ever tell you she was hearing a man's voice before?

No.

If I may have a moment, Your Honor.

Sure.

I have no further questions for this witness.

All right.

I just have exhibits after.

All right. Counsel, can I see just briefly, sidebar?

The witness could be excused.

All right. Sir, you can be excused subject to recall at a later point today. Thank you, sir. All right. Commonwealth?

Your Honor, at this point, I would move to submit some evidence. First would be the clothing Cora Clancy was wearing the night of January 24th, 2023. First, the pajama pants, pajama shirt. And then the pink robe. We could have these marked as one exhibit.

All right. They may be admitted.

Exhibit one.

Thank you.

And then Dawson's clothing. We have dinosaur underwear for the record. And a gray T-shirt or shirt, long sleeve shirt. Have this as the next exhibit, please.

That may be admitted.

Exhibit two.

And then Callan's pajamas. As the next exhibit, please.

That may be admitted.

Exhibit three.

Yellow exercise band found with Dawson. Can have this as the next exhibit, please.

That may be admitted.

Exhibit four.

Black exercise band found with Cora. Could have this as the next exhibit, please.

That may.

Exhibit five.

And then the blue exercise band found with Callan. If you could have this as the next exhibit, please.

That may be admitted.

Exhibit six.

Your Honor, we would ask that the 911 call be played.

All right. All right. Members of the jury, I just kind of wanted to give you ... All right. Sometimes in a trial, evidence that is introduced that produces in jurors an emotional response. For example, it's understandable to feel sympathy and empathy when you hear or see certain evidence. But as jurors who have taken an 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 not be influenced in any way by the unpleasant nature of some of the evidence, including testimony, including exhibits. And so you must find the facts in this case based only on the evidence. So you can't find facts or base your decision on sympathy, anger, passion, or prejudice, or pity for or against either side. Rather, your verdict must be based solely on the evidence that is introduced in this case and my instructions and any other limiting instructions. And I'll go into that, but I just kind of wanted to remind you of that as we go through this. All right. At this point, we're going to play the exhibit, which is I believe the 911 call. Is that correct?

Yes, Your Honor.

All right. I want to remind everyone that there is a order entered by the court regarding this matter. It's not to be recorded, it's not to be broadcast, and it's not to be reproduced in any way subject to any sanctions that would go along with the violation of that court order. So I just want to remind everybody, and that order applies to the media and applies to the public. So I just kind of wanted to remind everybody in regards to that. So with that, Commonwealth.

Yep.

Jurors close your notebooks. Place them on the chairs. Follow me, please.

My [inaudible 01:29:09] go.

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

We'll be in recess at this time.

Thank you.

Court, all rise.

We're in recess. Please exit the courtroom. Get out the courtroom, please. Thank you.

(silence)

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

All right. Counsel, can I see you at sidebar, please? All right. We're going to take about a five- minute break. Then we'll come back out and I'll address the scheduling with counsel. All right. So about five-minute recess.

Court, all rise.

... the opening statement. Those were horrendous, much more horrendous than I thought they would be. They look horrible. And then she threw herself out of the window. She's paralyzed. Every single time I hear the court say, "All rise," I think about the fact she cannot. She cannot. She wasn't just saying, "I wanted to kill myself." She almost killed herself and now she's permanently disabled. So I mean, I mentioned this before we went back in, but I don't think they should have brought this case. I think the prosecution should have declined to prosecute and she could have been found civilly responsible here in terms of having her civilly committed. A court could have found that. She could have been committed to an institution because she's a harm to herself and she's a harm to others. She could have gotten treatment. This is not a criminal case in my mind. This is a case where they did everything they could to prevent this and yet tragically it did occur. And frankly, I hope they're successful on this civil side because I do think that the medical professionals failed her obviously, and hopefully they will recover there.

Yeah. And Kevin Reddington was right there with those photos after the Commonwealth's opening statement. He brought those babies out and said, "Really? This is superficial wounds? Take a look." Very effective. The drugs, the different versions, different doses of drugs that she was given by different medical professionals, it's something the defense is really leaning into saying, " Yes, postpartum depression, but it was accelerated by these drugs. And that's a huge part of the equation." Here's Reddington in his opening saying that she was given drugs that she should not have been given and everybody knows it, but yet she was given it.

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 reuptake inhibitors. It messes with your brain. You don't do that, but it was done in this case.

How do the drugs factor in? And more importantly, during this cross, how will that theory come to life through Patrick Clancy?

I think Patrick is going to expand upon what he was trying to say on direct examination, which is, "Okay, she may not have finished the entire bottle, but it was subject to different doses. So she finished one bottle and then maybe started another bottle." So I think he's going to try to explain at least that issue.

Yep. Okay. You see they're back on the record there. Let's go into the courtroom, see if they're just going to wait for the jury or if there's anything else going on. Oh, looks like they're jumping back to a sidebar quickly before bringing in the jury. So let's use this opportunity, grab a commercial break and get you back into the courtroom. We expect Patrick Clancy to be back on the stand for cross-examination. We'll see. Stay with us.

Which ones do you want? All the exhibits are in that box. The prescription bottles are right here. Do you need those?

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 v. Lindsay Clancy. All parties are present, including the defendant and the 18 jurors.

All right. Members of the jury, thank you for your patience with us. With that, Commonwealth, you would call your next witness, please.

Thank you, Your Honor. The Commonwealth calls Angela Krause.

Good morning. Stop right here and raise your right hand for the clerk.

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

Watch your step right here, please, and have a seat?

Hey, good morning. Good morning.

Good morning. How are you?

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

Okay.

All right. Thank you. Commonwealth.

Thank you, Your Honor. Good morning.

Good morning.

Could you please state and spell your name for the record?

It's Angela Krause. It's A-N-G-E-L-A K-R-A-U-S-E.

And your date of birth, please?

5/19/77.

Where do you work?

CVS Pharmacy.

And at which location?

Kingston.

Okay. And do you know the address of that location?

189 Summer Street.

And how long have you worked there?

Four years at that location.

And what is your role there?

General manager.

How long have you been the general manager?

For CVS?

For CVS, yes.

Nine years.

And so the entire time you've worked at that location, those four years, you've been the general manager at the Kingston store?

Yes, ma'am.

I want to direct your attention to Tuesday, January 24th, 2023. Were you working that day?

Yes, ma'am.

And what shift were you working?

Closing.

Which is what hours?

I'd say roughly 3:00 to 11:00.

So that would be 3:00 PM to 11:00 PM?

Yes, ma'am.

And I want to direct your attention further to 4:48 PM. Did you receive a phone call while you were working?

Yes, ma'am.

And was that on the CVS line?

Yes.

And do you know that number?

No.

Okay. And where were you when you received that call?

I was in the office.

Okay. And what were you doing?

Preparing to do cash for the night.

And what does that entail?

Closing out the registers.

Okay. And the call that you received, was that from a male or a female?

Female.

And what, if anything, did she say?

She was inquiring if I carried a product in stock.

And what product was that?

It was like a constipation medicine.

Was it MiraLax?

Yes.

And did she specifically ask for something to do with children's MiraLAX?

Well, I asked for clarification because depending on if she wanted children's or adults, it would be in a different part of the store.

Okay. And when you asked for clarification, was she able to provide clarification?

Yes.

And what-

Said it was for children's.

Okay. And what was your response?

It's located in two different places in the store.

Okay. And did you give her any specific brand names or anything like that?

I just said that we carried Pedia-Lax in aisles 13 and 20.

Okay. And approximately how long was this conversation?

A few minutes.

During that conversation, did you have any difficulty understanding the woman?

No, ma'am.

Did she appear to have any difficulty understanding you or the questions that you were asking her?

No, ma'am.

And her voice, did it seem slurred or impaired in any way?

Not at all. It's a very normal interaction.

I was just going to ask, was there anything out of the ordinary about the conversation?

No. No.

Later that evening, did the police come to the store?

Yes.

And did they request that you pull some surveillance footage for them?

Yes.

And did you do that?

Yes.

Okay. And if I could just have Exhibit 28, the footage up for a moment. If you could look at the screen here, do you recognize the store?

Yes.

And is this part of the footage that you provided to police that night?

Yes.

And directing your attention over here to the right, the aisle where the gentleman is standing, all the way to the right of the store, are you familiar with what was in that aisle in January of 2023?

Yeah, that's our children's aisle.

So that would have things like children's Pedia-Lax?

Yes, ma'am.

Did you have any interaction with-

Okay. Did you have any interaction with that gentleman while he was in the store?

No, ma'am.

Okay. And did the police also ask you to provide a copy of a receipt for that gentleman's transaction?

Yes, ma'am.

I'm just showing you exhibit 26. Is this the receipt that you provided to the police?

Yes, ma'am.

And on here it says "Skittles Wildberry." Would that be Skittles?

Yes.

It also says "FLT PDLX LQDGLY" for the second item. What does that stand for in CVS?

It's Fleet brand, but then it's going to be Pedia-lax, and then a glycerin suppository.

Okay, so the FLT is for Fleet?

Yes.

And the PDLX is for Pedia- lax?

Yes, ma'am.

I have nothing further for the witness. Thank you.

All right. Mr. Reddington?

I have no questions. Thank you, ma'am.

All right. Thank you, you may sit down. Thank you. Please.

Your Honor, the Commonwealth would call Saria Sweeney. Yeah, sure.

Come here.

It doesn't make a difference to me.

Good morning, ma'am. Can you stop right here and raise your right hand for the clerk, please?