Trial Day 3

Good morning, counsel.

Morning.

Morning.

Good morning, Ms. Clancy.

Good morning.

We ready for the jury?

Yes.

Okay.

[inaudible 00:00:07]. Court all rise. Jurors in. 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 [inaudible 00:01:39] bond law.[inaudible 00:01:41] 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 a 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.

All right. Well, good morning everyone.

Good morning.

I hope everybody had a nice, restful evening last night. Thank you for your patience with us. What I'm going to do is just I'm going to ask you those questions to make sure everybody was able to follow my instructions. Then I'll go over briefly our schedule for today and the schedule for tomorrow. All right? So the first, let me get to those questions. The first question is any member of the jury read, seen, or heard anything from any source that would affect your ability to be fair and impartial in this case?

No.

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 my attention at this time?

No.

All right, good. Thank you for following those instructions. Now in regards to our schedule today, it's the anticipated, as you know in these cases, sometimes the best laid plans, but it's anticipated that we'll go this morning to about 11 o'clock. We'll take a break at 11:00, we'll come back. We'll take our afternoon break at one o'clock and we'll go into the afternoon probably somewhere between 3:00 and 4:00. All right? So that's today's schedule. Tomorrow's schedule, as best we can tell, we're going to do that view sometime probably in the morning. We're going to go to a couple of spots that have been mentioned in the testimony. Like I said, we'll go over a little bit more tomorrow, but you'll be getting out of... We're all going together in a bus with the court officers, the staff, the attorneys, myself, and we're going to get out of the bus. So that's just a word for the wise for footwear and to double check the weather. I'll go into that a little bit more probably by the end of the day, but just in case I forget, that's what we're going to do. And then the thought would be after that, we'll come back. We'll probably go again till sometime around in between 3:00 and 4:00. Okay? So that's the schedule. And then at the end of the day tomorrow, I'll address kind of where we are in regards to the timeline and the kind of overall schedule, just so you have some kind of idea where we are. All right. So with that, we're going to return to the case on trial. Commonwealth is presenting its evidence. Attorney Sprague.

Thank you, Your Honor. Commonwealth calls Officer Stephen Hall.

Good morning.

Good morning.

Stop right here and raise your right hand for the clerk, please.

Good morning. Do you solemnly swear that the testimony and the evidence you shall give [inaudible 00:05:06] shall be the truth, the whole truth, and nothing but the truth, so help you God?

I do.

[inaudible 00:05:13].

Thank you sir. You may have a seat.

Thank you.

All right. Good morning.

Morning.

All right. Sir, I'm going to ask you to keep your voice up so the jury can hear you.

Yes.

And with that, Attorney Sprague.

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

My name is Stephen Hall. S-T-E-P-H-E-N H-A-L-L.

And your date of birth?

3/ 26/1983.

Where do you work?

I work at the Duxbury Police Department.

How long have you been a Duxbury Police officer?

Since 2015, so roughly 11 years.

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

I was.

What shift were you working?

The 4:00 to midnight.

And would that be 4:00 PM to midnight?

Yes.

And were you in uniform?

Yes.

Were you in a marked cruiser?

Yes.

And were you on patrol?

Yes.

And being on patrol, were you alone or with a partner?

I was alone.

Further directing your attention to approximately 6:11 PM. At that time, did you receive a dispatch to go to 47 Summer Street in Duxbury?

I did.

And do you recall approximately where you were when you received that dispatch?

I was at the Lincoln Street Fields in Duxbury.

And so how long did it take you to get from there to 47 Summer Street?

Seven to 10 minutes.

And did you go to 47 Summer Street?

Yes.

And what did you see when you arrived there?

When I arrived, it was just a house. There was a gate open on the left side of the house.

I'll show you a few exhibits that have already been marked. Exhibit 32 and Exhibit 33. Is this the house you responded to?

Yes.

I'm showing you Exhibit 34. Is that the left side of the house?

It is.

And Exhibit 35 is the gate that you went in depicted in this exhibit?

It is.

First officer on scene?

I arrived simultaneously with Officer Josephine.

And is he also an officer with Duxbury Police?

Yes.

And so did you both head to that same direction or did you go in different directions?

Both went to the backyard as we were dispatched to.

And you said you went to the left, correct?

Yes. We heard a male voice calling for us on the left side.

And that's where you headed?

Yes.

Okay. And did you encounter a male in the backyard?

Yes.

And did you later learn his name was Patrick Clancy?

I did.

What was his demeanor?

He was upset. Didn't know what was going on.

And did you see anyone else in the backyard?

No. Okay.

Did you see anyone on the ground?

Yes.

And who was on the ground?

Ms. Clancy.

Is that Lindsay Clancy?

Yes.

And do you see her in the courtroom today?

I do.

Could you point to her?

No issue with ID, Your Honor.

Record may reflect the witness has identified the defendant.

Thank you. Where was she positioned?

She was on the ground if you were looking at the backyard on the right side.

Showing you what's been previously marked as Exhibit 38. Is this the back of the house?

It is.

And showing you what's been marked as Exhibit 37. Do you see the area where the defendant was when you entered the backyard?

Yes.

Do you mind standing up at the court permission and just pointing that out to the jurors?

Sitting in this area.

And if the record could reflect he's pointing near the window well to the far right side of the back of the house.

Record may reflect that.

When you saw her in that location, do you remember where her head was?

Her head was towards the house.

And where were her feet?

Pointing out away from the house.

Are you trained in first aid as part of your job?

Yes.

And do you carry equipment with you in case you have to provide first aid to someone?

Yes.

When you saw the defendant on the ground, did you go to her and observe any injuries?

She had cuts to both wrists and to the left side of her neck.

The cuts to her wrists, were those actively bleeding when you saw them?

No, they were not.

When you saw the cuts to her neck, were those actively bleeding?

No.

Did you, based on your training and experience, feel the need to provide any medical care to those cuts or use any of the equipment you had to tend to those cuts?

Not at that time.

Was she conscious?

Semi-conscious, she was in and out of consciousness.

And what was she doing that gave you that indication?

She would wake up and move around and then kind of just go still again.

And when you say she would move around, what parts of her body was she moving?

Just her head, really.

Was she able to speak to you?

She wasn't, no.

Was she making any sounds?

It sounded like she was in pain.

So something like moaning or something like that?

Yes.

While you and Officer Josephine are there, do other first responders such as firefighters start to arrive?

Yes. They started to arrive and I went to gate to direct them where to go.

And how did you know they had arrived?

You could hear the sirens.

So you heard the sirens and went to the gate to tell them to come to that side?

Correct.

While you were doing this, did Patrick Clancy stay with you?

At one point, he went inside to say he was going to check on his children.

And did you see what entrance he used to go into the house?

He went towards the backslider.

Shortly after Patrick Clancy went inside the home, did you receive a call on your radio?

Yes.

And what did you hear on your radio?

Dispatch said that he couldn't wake them up.

And did you know what they were talking about when you initially heard that?

Not really, no.

Did something then catch your attention?

Yeah, I heard a loud scream from inside.

And could you tell where it was coming from?

Just inside the house.

And the screaming, was it words or just sound?

It was just a sound.

When you heard that screaming, what did you do?

Myself and Officer Josephine ran towards the slider and entered into the house.

And when you entered into the house, do you remember what room you entered into?

Into a kitchen.

And when you entered into the kitchen, could you still hear that screaming?

No. We could hear he was talking, but there was screaming was done.

When you said he was talking, who was talking?

Patrick Clancy.

So you could hear Patrick Clancy talking at that time?

Yes.

And could you tell where he was?

Yes, he was in the basement.

And did you head to the basement stairs?

Yes.

Showing you what's been marked as Exhibit 41. Are these the stairs that you went to?

Yes.

Did you go to the bottom of the stairs?

I did.

Once you got to the bottom of the stairs, is it accurate that you either have to go right or left?

Correct.

Which direction did you go?

We heard Patrick Clancy talking from the right, so we went in that direction.

Could you hear what he was saying?

Oh, God. Do you mind if I...

You don't recall?

Yes.

I have no objection, Your Honor. You need to read further or let him look at this report.

Do you recall him saying, "I can't wake them up. I can't get them Up?"

Yes.

And do you remember his demeanor as he was saying that?

He seemed very upset.

What did you do in response to that?

He came from a back room, so we ran into that back room.

Just going back to when you came down the stairs and turned to the right, do you recall what type of room that was when you went to the right?

It looks like a workout room, like a workout area.

I'm Going to show you a few pictures here. If you could just look at them and tell me if you recognize what they depict?

Yes.

And do you recognize these to be photographs of that workout room that you entered into when you went to the right?

Yes.

We could have these marked as the next few exhibits.

No objection.

Those may be admitted.

Four exhibits.

Exhibits 89 to 92.

Sir, showing you exhibit 89. Is that the view when you first come down the stairs and turn to the right?

Yes.

And then showing you exhibit 90. Are those exercise bands there tied to the closet door?

Yes.

91, just a closeup of that, correct?

Yes.

Then 92, what are we seeing in this photograph, sir?

That was the back room that he seemed to be coming from.

That Patrick was coming from?

Yes.

And you also looked at two photographs from that room. Are those fair and accurate depictions of how the room looked that day?

Yes.

If we could have these marked as the next two exhibits, please.

No objection.

All right. They may be admitted.

Exhibit 93 and 94.

Sir, did you head to that back room?

I did.

And what did you see when you got to that back room?

Just past the door on the left side, there was a body of a young child.

And do you remember what position the child was in?

He had his feet towards a door and his head towards the wall.

And was he on his back or his stomach?

He was on his back.

And do you recall what he was wearing?

He was shirtless. I believe he was just in a diaper or underwear of some sort.

And showing you-

Thank you.

... Exhibit 93. If you wouldn't mind just pointing out where you saw his body.

Just of this area.

Record reflect he's pointed to the area of the yellow exercise band.

It may reflect that.

And sir, that yellow exercise band, did you see that in that position when you saw the body of the child on the floor?

Yes.

Exhibit number four was at that position. Sir, did you later learn that child's name was Dawson Clancy?

I did.

And can you describe his physical appearance when you saw him?

He was discolored, like a bluish purple.

Do you remember what his face and neck looked like?

No.

What happened next?

I called for paramedics to come to the basement. I also called for a supervisor and Officer Josephine picked up the child and we ran him outside through the front door to the ambulance.

And did you do anything after that after giving Dawson to EMTs?

We ran back down into the basement to check to see if we could find other children.

And what made you think there were other children to find?

When Patrick Clancy said, "Well, I can't wake them up," instead of just the singular.

And so when you went back inside, did you go back down the basement stairs?

Correct.

And this time, did you go to the left?

Yes.

Sir, showing you a series of photographs. If you could just tell me if they clearly and accurately reflect how the left side of the basement looked on January 24th, 2023 when you went in there.

Your Honor, just for the record, they don't need to lay a foundation. I agree to the photographs. No objection to any of them so we don't have to go through all the foundations.

All right. Thank you. Right.

Do you recognize those photos?

Yes.

Would have these marked as the next exhibits, please?

Exhibits 95 to 102, so marked.

Thank you.

Sure. Sir, showing you what's been marked as Exhibit 95. Is this what you saw when you went down the stairs and went to the left, that first view?

Yes.

And then showing you exhibit 96, is that a further view as you go into the room?

Yes.

Now, when you went into that room, what did you see?

There were two children on the floor, motionless, and EMTs and paramedics were working on them.

And did you later learn that those children were Cora Clancy and Callan Clancy?

Yes.

Did you do anything to assist the medics at that time?

Excuse me. I asked if they needed any equipment.

And did they ask you to get some equipment?

They asked me to grab a heart monitor.

And did you do that?

I went and found the fire captain to ask where I could grab one. And he was pretty upset. So I ended up going back downstairs into the basement.

At some point in time. Well, actually, if I could show you Exhibit 96 again and just ask if you could just point to us where you saw each child.

Okay. Here. And another was [inaudible 00:22:13] in that area.

So for the record, the first area you pointed to was in between the blood stain and the black exercise band. Is that correct?

Correct.

And then the second area was over in front of that small nightstand or some type of shelving unit?

Yes.

At some point in time, did you go back outside?

Yes. They stated they need an officer with Lindsay Clancy.

And I'm going to show you a photo here outside near that window well that's towards the right of the house. Is that where Lindsay Clancy was where that medical debris is?

Yes.

And just showing you another photograph. Is that just showing further to the right in a broader area of that same scene?

Yes.

If I could have the closeup marked as the next exhibit and the broader photo as the following-

All right. They may be admitted.

Exhibits 103 and 104.

While you were out there with the defendant, were medical staff, paramedics treating her?

Yes.

And did you happen to look up?

Yes, I did.

What did you see when you looked up?

There was an open window with blood marks around the window.

And did you also see blood marks on the shingles below that window?

I did.

Showing you a photograph here. So up at the top, is this the open window you're referring to?

Yes.

Zooming in on the shingles here to the left and right, just below that window, are those the blood marks you're referring to?

Yes.

And here in this photograph you had mentioned marks, blood marks on the upper window. Is that what you're referring to?

Yes.

And then here at the top of the lower window, these marks here, are those the other blood marks that you saw?

Yes.

If we could have these photos marked as the next exhibits.

All right. They may be admitted.

While you were out there in the backyard, did you see a ripped or... Oh, I'm sorry.

Exhibit 105 through 108.

While you were outside, did you see any ripped or torn screens on the ground?

No.

What did you do next?

I just went over to the paramedic, asked what I can help him with. He said she was good, but she kept taking her face mask off for oxygen. And so I just kept replacing it back onto her face.

And when you say she, are you referring to Lindsay Clancy?

Yes.

And did you then help them get the stretcher to the ambulance?

Yes.

I have nothing further.

All right. Reddington.

Thank you for your incredible service.

Thanks.

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

Thank you.

Thank you, sir.

Attorney Sprague

Commonwealth calls Officer Brian Josephine.

Good morning. Stop right here. Right here next to the clerk, please.

Good morning. Do you solemnly swear that the testimony and the evidence you shall give to the court [inaudible 00:28:18] the truth, the whole truth, and nothing but the truth, so help you God?

I do.

Thank you, sir. You may be seated.

Watch your step please, sir?

Hi. Good morning, sir. All right, counsel.

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

Brian, B-R-I-A-N, Josephine, J-O-S-E-P-H-I-N-E. And

What's your date of birth, sir?

June 13th, 1990.

And where do you work?

I work at the Duxbury Police Department.

How long have you been a police officer?

I started there in April of 2020.

And did you work for the Plymouth Police before that?

Yes, I did.

And how long did you do that?

Almost five years.

What is your current role?

I am patrol officer.

Back in January of 2023, what was your role with the Duxbury Police Department?

I was a school resource officer for Alden and Chandler. I worked with kids kindergarten through fifth grade.

Directing your attention specifically to January 24th, 2023, were you working an overtime shift that day?

Yes, I had picked up an overtime shift.

And what shift was that?

It was four to midnight, but I was scheduled to work till 8:00 PM.

8:00 PM?

Yes, ma'am.

Okay. So you were scheduled to be there from 4:00 PM to 8:0 PM. Is that correct?

That is correct.

And you were in a cruiser, in a marked cruiser and a uniform?

Yes. I was fully dressed in Duxbury Police uniform. I was in a marked cruiser, Duxbury Police 172.

And did you receive a dispatch at approximately 6:11 PM to go to 47 Summer Street in Duxbury?

Yes, we did.

And when you say we, were you with a partner or were you alone?

No, I was by myself. We ride single in a cruiser there.

Okay. So when you say we, do you mean that it was dispatched to all officers on patrol?

So usually with critical incidents calls, they put it over to dispatch and they'll say, Duxbury Police cars, start making your way to a certain address. That way everyone can get there as quickly as possible.

Okay. And so then you knew at that point to go to 47 Summer Street?

Yes, ma'am.

And approximately how long did it take you to get there?

I would say anywhere from three to four minutes.

So you were relatively close by when you received the dispatch?

Yes, I was.

Okay. And when you arrived at 47 Summer Street, what did you observe?

Dispatch was giving me description of the house. It took probably 15 seconds for me to identify the house. Parked in the street. I saw the number of the house and I made my way. I believe it was a mudroom that I went to.

Showing you Exhibit 33. When you say the mudroom that you went to, did you actually go inside the house or did you go to the door to the mudroom?

I went to the door to the mudroom to check if that was unlocked so I could make my way to the back of the house.

And is that door depicted in this photograph?

Yes, it is.

And is it the door to the left of the garage?

Yes, it is.

And was the door locked or unlocked?

It was locked at that time.

So what did you do next?

I radioed dispatch just for confirmation of where that party we were trying to get to was located. They told me it was around back of the house, so I tried to make my way that way.

And when you went to the back of the house, how did you get there?

Well, referring back to the picture where the car was parked, I went to the right side. And I went around the garage. There was a fence and I went over the fence, I believe.

So showing you Exhibit 33, again, you went by these cars and around the house to the right?

Yes, that's correct.

And showing you Exhibit 37, does that mean that you would've been coming around the house over here by the garage on the left and in the porch, the deck?

Yes, that's correct.

And when you came around there, what did you see?

I made my way. I observed two parties, one lying in the ground and one standing over it. And I started to make my way towards the other end of the house, which is as towards this fence, as you guys can see in reference to that photo.

And so when you say the other end of the house, are you talking about this area here, the father's furthest right windows?

Yes, that is correct.

And the person that was standing, did you later learn that was Patrick Clancy?

Yes, I did.

And the person on the ground, did you later learn that was Lindsay Clancy?

Yes, I did.

And at some point in time, was Officer Hall also back there with you?

Yes. He came from this side over here, the opposite direction in which I came.

So facing the house, he would've come around the left side of the house if you're facing the house?

Yes. He parked on the street and came from this side, the opposite of where I came from.

Okay. And do you recall what Patrick Clancy was doing when you first saw him?

‍ He was standing over Lindsay at that point. It appeared that he was trying to communicate with her. I observed him with a cell phone. It was kind of down by his side, so I don't know if they were talking or what, but it was probably a split second, and then he turned to my location, saw me because I was illuminating the yard with my flashlight, and then that's when me and him crossed paths.

Okay. And so you said you saw him with his cell phone by his side. Was it in his hand by his side?

Yes, I believe it was in his left hand.

Okay. And you say you crossed paths with him. Approximately where did you cross paths with him?

It was probably right by the bulkhead, I would say.

And so in the photograph to the right of the deck is the bulkhead. Is that correct?

That is correct.

And where was he headed?

He was heading, I believe, up towards the deck. Yeah. Obviously I didn't know it at that time, but he was just walking past me pretty fast in an abrupt manner.

And did he say anything to you as he passed?

No, he did not.

And after you crossed paths with Patrick, where did you go?

I went to the female party.

And did you speak to her?

I attempted to.

And what did you say?

I just was trying to get basic information where she was hurt, where she needed attention, anything I could do to kind of help her until fire arrived.

And did...

... and to kind of help her until fire arrived.

And did she respond to your questions?

She mumbled and it wasn't a definitive answer.

Did you observe any injuries?

Yes. She was laying on the ground. There was cuts to her right wrist, I believe, and to the right side of her neck.

And were those cuts actively bleeding at that time?

They were bleeding, but not profusely.

Are you trained in first aid?

Yes.

Did you feel the need to put pressure on those wounds immediately?

No. We also carry medical equipment such as tourniquet, gauze, stuff like that. And I believe due to the circumstances that I didn't need to utilize those tools.

And the tourniquet that you carry, is that in case someone has some type of cut where an artery has been damaged or cut?

Yes, it is.

Okay. And you're trained to recognize when it's something serious, like an artery spraying blood everywhere, versus a cut that doesn't need a tourniquet?

Yes, we are.

Okay. And you didn't see the need for a tourniquet?

I did not, no.

And based on your training in first aid and as a police officer, as a first responder, did those wounds appear life-threatening?

No, they did not.

Did other emergency personnel from the fire department begin to arrive?

Yes. So I would say I tried to talk to Ms. Clancy for probably 30 seconds to a minute. And at that point, coming from that opposite side of the house, I observed Duxbury Fire personnel show up. And our protocol is to kind of turn the medical over to them because they're more highly trained than we are.

Okay. And at some point in time, do you hear something?

Yes.

What do you hear?

Myself and Officer Hall were standing by that window and we just started hearing loud screams.

And what did you do when you heard those loud screams?

We immediately were trying to figure out where they were coming from. I'm not sure if dispatch or something came over the air and said something about the basement, but we both just started making our way back towards the deck part of the house.

Did you go in through the sliding glass doors?

Yes. We went up the deck and through the sliding glass doors into the kitchen.

And did you then head to the basement?

Yes.

Okay. And could you hear any sounds coming from the basement as you entered the kitchen?

Yes, it was the exact screaming that I heard from the window.

Okay. And did you go down the stairs to the basement?

Yes, we did.

And did you see anything after you went down the stairs?

So we went down the stairs and there was a picture at the bottom of the stairs, I believe, of Lindsay and Patrick. And the basement splits off into two, a right and a left area. And the screams were coming from the right area. So that's where we directed our attention to first.

Okay. And did you see Patrick?

Yes. That right side opens up and it's like two rooms, I believe. So we went into the first room, which was kind of dark, and there was some cluttered stuff around, and Patrick was in that back room at the time.

Sir, showing you what's been marked as Exhibit 92, is that the doorway into that bathroom?

Yes, it is.

And then Exhibit 93, is that the inside of that bathroom?

Yes, it is.

And do you recall what, if anything, Patrick was saying as you encountered him?

Upon his observation of us, myself and Officer Hall, he proceeded to head in our direction, leaving that room. And at that point he looked up and he screamed, "She killed the fucking kids."

And after he said that, where did you go?

Once he cleared himself from the doorframe, we were able to look inside the room where we observed what appeared to be a child laying motionless on the floor.

And did you later learn his name was Dawson Clancy?

Yes, I did.

And how was he positioned?

He was laying on his back kind of close to the gym bag for reference of that.

Showing you Exhibit 93 again, you referenced a gym bag. Is that the bag to the left of the child's toy?

Yes.

And so you're saying that he was in that area when you first saw him?

Yes, he was.

And do you recall whether he was on his back or his stomach or something else?

He was on his back.

And do you recall his physical appearance?

Like I said, he was laying on his back. His head was tilted to the right-hand side. Looked at him kind of in the face area once we got closer and his face was white, gray. Lips were blue. Eyes were bloodshot. Looked like blood vessels were popped in his eyes.

Did you notice any injuries to his neck?

Seeing that, my first instinct was to kind of grab his head and tilt it to the side, see if I can get a pulse. But, I mean, based on my training and experience from previous incidents, I knew it wasn't going to be good. So I moved the head. That's where I observed some red marks on that right-hand side.

Of the neck?

Yes.

And in that Exhibit 94, there was a yellow exercise band, correct?

Yes.

And I believe in prior testimony, you may have called it a blue exercise band. Is that correct?

Yes.

But it's clearly yellow in the photo, right?

Yes, it's clearly yellow. I mean, there was-

[inaudible 00:41:07] color of the exercise band.

[inaudible 00:41:09]. All right, go ahead.

So what was your focus at the time?

The child.

And once you saw him there with these injuries, what did you do?

Based on my observations, I knew there wasn't really much I could do. So I picked the child up, went chest to chest. And as I did that, it was kind of like a mucus or a foam that leaked out of his mouth onto me. I grabbed him, went back towards the way. We came down into the basement and I headed up to the stairs where Sergeant Homestead was coming down the stairs and I started yelling to him to get out of the way. Went back up the stairs and then into the kitchen directly adjacent to the stairs is the front foyer hallway, and I went out that, out the main door into the driveway.

And was there an ambulance in the driveway at that time?

Yes. The ambulance was backing up and had pretty much just parked and one of the fire was walking around to the stretcher out back. So I rushed over with Dawson and I put him on the stretcher and that's when Sergeant Homestead and fire personnel started working further on him.

What did you do next?

I went back into the house.

And why did you go back into the house?

I remember hearing something about kids and multiple and I just went back.

And when you went back at the house, did you go to the basement?

Yes, I went back in that front door, back down to the basement, and this time I went to the left-hand side.

And when you went to the left-hand side of the basement, what did you see?

Pretty much directly in my sight was an older female laying on the ground and then in the corner there was a younger baby.

And when you say an older female, you're referring to that she was older than Dawson?

That's correct.

And did you later learn her name was Cora Clancy?

I did.

And did you assist in treating her?

Yes, I did.

What did you do?

So when I got down to the basement, two fire personnel were already on scene. One was working on the baby and one was working on Cora. Communicated with them. We worked together and I took over doing chest compressions of Cora.

And were you able to see any injuries on Cora at that time?

Yes. She had kind of the same injuries that I explained with Dawson. The pale tint, bluish lips, bloodshot eyes, blood vessels popped. But this time she also had dried blood around her mouth.

And did you also see an area of blood near her on the floor?

Yes, there was a relatively large area of blood on the floor. Actually, when doing CPR on her [inaudible 00:44:08] and that blood seeped through my pants, so I ended up moving her a little off to the side so I could position myself better.

Just showing you what's been marked as Exhibit 97. This red-brown stain on the rug. Is that what you're referring to?

Yes.

Okay. While you were doing chest compressions on Cora, what was the firefighter doing?

The one that had previously been attending to Cora then went to the child that was in the corner.

And, eventually, was Cora put on a stretcher and brought out?

Yes, eventually. I think the baby was brought out first because I think they mentioned at some point they might've found a faint pulse or something like that, so they got him out first and then we were able to get Cora out.

So that entire time while you're in the basement, are you still giving chest compressions to Cora?

Yes. Yeah. I mean, it felt like forever to the point where I think I radioed for assistance for another officer to come down.

And did others come down to assist?

Yes. Officer Cahill came down to further assist where I continued with chest compressions and he used a bag valve mask to give rescue breaths.

And a bag valve mask, is that something that goes over someone's face, a mask that's attached to a bag and you squeeze it to give air?

Yes, it's an alternative breathing apparatus.

Okay. At some point, do you go back upstairs to the first floor?

Yes.

And do you encounter Patrick Clancy when you go upstairs?

Yes. So when they removed Cora, myself and Officer Cahill went back upstairs where I encountered Mr. Clancy in the kitchen.

And what was his demeanor in the kitchen?

He was still frantic, kind of in shock, still screaming and losing himself. And I think at that point, I don't know, one of us requested that we get an ambulance for him as well.

Thank you, sir. Nothing further.

Attorney Reddington?

I'm sorry. I have no questions.

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

Thank you.

Thank you.

Commonwealth calls PJ Hussey.

Your Honor, at this point, I'm objecting. Renewing my objection that I filed on the repetitious nature-

All right, if we could [inaudible 00:46:56] sidebar.

Back to the trial of Commonwealth v. Lindsay Clancy. All parties are present, including the defendant and the 18 jurors.

All right. Commonwealth, ready to call your next witness?

Yes. Commonwealth calls PJ Hussey.

Thank you.

Good morning, sir.

Good morning.

Stop right here and raise your right hand for the clerk, please.

Good morning. Do you solemnly swear that the testimony and the evidence you shall give to the court and the jury in the matter now pending between the Commonwealth [inaudible 00:47:37] shall be the truth, the whole truth, and nothing but the truth? Thank you, sir. You may have a seat.

Watch your step, please.

All right. Good morning, sir.

Morning.

If I may?

Yes, please.

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

PJ Hussey, H-U-S-S- E-Y.

And your date of birth?

5/5/1963.

Where do you work?

Duxbury Fire Department.

And how long have you been a firefighter?

32 years.

Are you also a paramedic?

Yes.

What's the difference between an EMT and a paramedic?

Paramedic has advanced lifesaving skills, intubation, and medicine we can use on the patients.

And is there a certain type of training that you have to have as a paramedic?

Yes, every two years.

And to first qualify as a paramedic, what do you have to do?

There's a paramedic class that you take upwards of two years.

So you take that paramedic class. Is there a test you have to take at the end of-

A state test, yep.

And once you pass that state test and become a paramedic, you have to do continuing education. Is that correct?

Yep.

Okay. And did you take that initial training, pass that initial test, and then pass all subsequent training to be a paramedic?

Yes.

And how long have you been a paramedic?

About 17 years.

What is your current role with the Duxbury Fire Department?

I'm a captain, which is considered a shift commander.

And in January of 2023, were you in that same role?

Yes.

What does a shift commander do?

Oversees the operations of the town as far as firefighting and medical services.

How many fire departments, or stations rather, how many stations does Duxbury Fire Department have?

Duxbury has two.

And how far apart are they?

About 10 minutes apart.

And are they staffed differently from each other?

Yes. Yeah.

And how are they staffed?

At Central Station, there's a captain and usually three. And the other station has two, just two firefighters.

And for Duxbury, are all the firefighters that work for Duxbury Fire Department also paramedics?

Not all. We have two EMTs.

Okay.

Yeah.

Now-

The rest are medics.

I'm sorry?

The rest are medics.

And when you say medics, you're talking about paramedics?

Yeah, sorry.

No, it's okay. So directing your attention to January 24th, 2023, were you working that day?

Yes.

And what shift were you working?

My own shift. My group shift one.

And what is shift one?

We have four shifts and I'm just group one, shift one.

Is there a certain time that spans? Time of day?

Nope. 24-hour shift. 8:00 o'clock in the morning to 8:00 o'clock the next morning.

Okay. So you were working 8:00 o'clock in the morning on January 24th?

Yes.

And your shift would end 8:00 o'clock in the morning on January 25th?

Correct.

Okay. And were you working in that capacity as a shift commander on the 24th?

Yes.

Now, do you recall a call coming in shortly after 6:00 PM dispatching you to 47 Summer Street in Duxbury?

Yes.

And did you respond to that scene?

We did.

And how many vehicles and personnel responded?

My car, the shift commander car, ambulance 1, and engine number 2.

And what was the personnel in each of those vehicles? Not names necessarily, but how many people?

Usually it's two in the ambulance, but because of the severity of the call when it first came in, we put three people in the ambulance, a driver plus two medics in the ambulance, and then two people, two firefighter medics in the engine from the other station.

So that would be six people in total?

Six total. Yeah.

And did you have anyone from the second station respond initially?

They all came. We all came at the same time. We all got dispatched at the same time.

So would that have been six people total from both stations or six people from the central station?

Six people total from both.

And when you arrived on scene, what did you see upon arrival?

There was a couple police cruisers that were there already, just had just beat us in. And then we had to go out back to where the patient was located.

And when you refer to the patient that was out back, was that Lindsay Clancy?

Yes.

And did you head to the backyard?

Yes.

And did you see her on the ground?

I did.

And were you personally treating her or was it the other paramedics that were doing-

The paramedics were treating her.

Okay. And what were you doing?

Just supervising the call, just to make sure things are handled appropriately as a shift commander.

Showing you what's been marked as Exhibit 37. Do you see the area where you were in the backyard that night on the screen?

Yes.

If you wouldn't mind standing up and just pointing where you were.

The patient was approximately right here. I was over here in this area here.

And let the record reflect, you pointed to the patient being to the right of the metal window well, and you were standing to the left of the window well. Is that correct?

Yeah, she was right below this window, so at some point she was right in this area.

Okay.

And I was just a little bit further over.

And when you said, "right below this window," you're pointing to the far right second story window?

Yep. Yep. Yep.

You can have a seat.

Thank you.

At some point in time while you were standing there, did you hear a loud noise?

I heard a scream.

Scream? And when you heard the scream, could you tell where it was coming from?

It sounded like it was coming from the basement.

And did you look anywhere in particular?

Yeah, I was able to look through the basement window and able to see a male person downstairs.

And when you say the basement window, are you referring to that first metal window well?

Yes. Yes.

That was in Exhibit 37. Just showing you again on the screen here, what's been marked as Exhibit 50. This window here on the right, does that fairly represent the window that you looked through and could see down into that basement office?

Yes. Yeah.

And was the light on in the basement office when you looked in?

A light was on, yes.

And what did you see when you looked in the window?

After I heard the scream, I saw a male, older male gentleman now knowing it was Patrick Clancy unwrapping something from a child's head.

And when you saw the male unwrapping something, can you demonstrate the motion that they were doing?

Yeah, the child was on the ground. The head was towards the window, so the head was towards the back of the house. And he was, picked the child up and he was in a circular motion taking something off the head, around the head, around the neck.

And could you see the child's face?

Yes.

And what observations did you make of the child's face?

The head was blue.

And did you later learn that child was Dawson Clancy?

Yes.

At that point, what did you do?

Because of the severity of Ms. Clancy on the ground, and now we have another patient, I put a all call in, which is a recall of Duxbury personnel, all Duxbury personnel, if they're available, to come back to the town to help out for when I need help on the scene. And I also need help in the town to cover the town while I'm busy at this scene. And I also requested a Mutual Aid ambulance to respond to the scene.

Because at that time there was only one ambulance that was-

One ambulance for Ms. Clancy, yes. And then I called another. Seeing the next patient, I called another ambulance in.

Okay. And what is Mutual Aid?

Mutual Aid, it's a shared system that all the towns use, that if we get busy or busy with calls, we are able to call help in from surrounding towns to give us a hand, whether it be fire-related or medical-related.

Does Duxbury only have one ambulance?

We have three.

Three, but you only had one staff that night?

Yes.

Okay. So you call in for an additional ambulance. At some point in time, do you learn that there are two other patients?

Yes.

Cora Clancy and Callan Clancy?

Yes.

At that point in time, do you have to do anything to call in more assistance?

Well, the recall for Duxbury personnel was already put in, so I called two more ambulances at that point.

And the scene that night, discovering another victim, another victim, was that a chaotic scene?

It turned very chaotic very quickly.

Okay. Yeah. And was it a situation where people would start treating a patient, but then have to move on to something else and someone would take over?

Sort of. So I had myself as a shift commander, I had an EMT with me, but there's also four paramedics. So the way it ended up working, all the initial paramedics were with Ms. Clancy in the beginning. And then when we found the other patients, we left a paramedic with Ms. Clancy, a paramedic with Dawson, and then two paramedics were with the two other kids in the other room.

And did someone eventually also have to be with Patrick Clancy?

Eventually, yes. Yeah, but at the time, there was nobody with him in the beginning.

I have nothing further. Thank you.

Okay. All right, counsel?

No questions. Thank you, sir.

All right. Thank you, sir.

Thank you.

Attorney Buckingham.

Your Honor, the Commonwealth would call Loring Nudd as its next witness, please.

Same objection for the record, Judge.

All right.

Morning, sir. Stop right here and raise your right hand for the clerk, please.

Good morning. Do you solemnly swear that the testimony and the evidence you shall give to the court and the jury [inaudible 00:58:22] between the Commonwealth and the defendant shall be the truth, the whole truth, and nothing but the truth, so help you God?

I do.

Thank you, sir. You may have a seat.

Watch your step there, please.

All right. Good morning, sir.

Good morning.

May I inquire?

Yes, please, counsel.

Thank you. Good morning.

Good morning.

Could you please tell the jurors your first and last name?