Trial Day 4

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

Your Honor, for the purpose of the record, we return back to the trial of Commonwealth versus Lindsay Clancy. All parties are present, including the defendant and including all 18 jurors.

All Right. Thank you, Madam Clerk. Members of the jury, we're now going to return, as I told you before, to the Commonwealth's case and I'll ask the Commonwealth to call their next witness.

The Commonwealth would call Mark Anthony Maffeo to the stand.

While we're waiting, Your Honor, just for the record, same objection and standing objection so that keeps ...

Good morning, sir.

Good morning.

Can you stop right here, raise your right hand?

Good morning. Do you solemnly swear that the testimony and the evidence you shall [inaudible 00:01:52] between the Commonwealth and the [inaudible 00:01:52] 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, please.

Thanks.

All right. Good morning, sir.

Good morning, Your Honor.

All right. Attorney Buckingham, please.

Thank you. Good morning, sir.

Good morning.

Could you please tell the jury your first and last name, please?

Yes. Mark Anthony Maffeo.

And how about spelling your last name for the purpose of the record?

M-A-F-F-E-O.

And where are you employed, sir?

Duxbury Police Department.

How long have you been a police officer?

12 years.

And has your career been with the Duxbury Department or did you work anywhere else?

I worked in Rockland and Cohasset prior to Duxbury.

So how long have you been at Duxbury Police?

Nine years.

Nine?

Yes.

What's your current rank or assignment at the Duxbury Police Department?

Patrol Sergeant.

And I'm going to draw your attention back to January of 2023. What was your assignment then?

Detective.

Were you working on January 24th of 2023?

I was not. I was called into work.

Okay. So who contacted you?

At the time, it was Detective Sergeant Jamali.

And is that the normal course in Duxbury, when a larger incident or investigation occurs, that sometimes you'd be called in to work a scene if you're not on shift?

Yes.

And Detective Jamali, where did he tell you to go?

Initially was reported, I believe, it was 42 Summer Street in Duxbury.

And so do you recall if you went to that location?

I did.

When you arrived there, was the scene still active, meaning there were still kind of ambulances and everything on scene?

Yes.

Did you go into the house?

Not at that time, no.

Were you advised, when you arrived on scene, that one of the parties was being sent to the South Shore Hospital?

Yes.

And so, as a result of that information, what did you do?

I was then tasked with going down to South Shore Hospital.

Now, when you went to South Shore Hospital, did you know the party that was going to be transported there?

Yes.

Who was the party that you were going to meet?

I was advised it was one of the homeowners, Lindsey Clancy.

And you later became aware that the home at 47 Summer Street was the home of Patrick and Lindsay Clancy, correct?

That's correct.

And again, you were also later made aware that they had the three children?

Correct.

Were you advised of where the three children were?

Yes.

And how about the husband? Were you advised of where Patrick Clancy was?

I was.

As far as the people transported to South Shore Hospital, you came to learn that only Lindsay Clancy was sent to that location, correct?

That's correct.

Did you expect somebody else to be arriving there?

Initially, before I had left the residence, it was a little bit of confusion. They thought that the husband was also being transported to South Shore.

And, at some point, were you later advised that that ambulance was turned around and sent to Beth Israel in Plymouth?

Correct.

So when you were at the South Shore Hospital, did you have an opportunity to observe Lindsay Clancy?

I did.

In what condition was she when you observed her at South Shore Hospital?

She appeared sedated and unconscious with several lacerations to her arms and neck.

Okay.

I have no objection to the photographs, Your Honor.

May I approach the witness?

You may.

I'm going to show you four photographs real quick.

Okay.

If you could take a look at those.

Yep.

Do you recognize the individual in these photographs?

I do.

And were you present when these photographs were taken?

I don't recall.

As far as the condition that the person in these photographs was in, do you recall this to be a fair and accurate representation of what she looked like?

Yes.

I would ask to admit these as the next four exhibits.

All right. Those may be admitted.

Exhibits 110 through 113.

Sir, if I could just draw your attention to the screen beside you. I'm showing you now what's been marked as Exhibit 110. And who was the individual depicted in this photograph?

Lindsay Clancy.

And those are the injuries that you observed that day of her on her neck?

Correct.

And showing you on the screen what's been marked as Exhibit number 111. Again, is that Lindsay Clancy?

Yes.

And the injuries that you observed on January 24th on her neck?

Correct.

And 112, Exhibit 112. In the middle of this photograph with an arm extended, there are some cuts and a cut in the middle. Did you observe those on January 24th as well?

I did.

And finally, Exhibit 113. That would be the other arm. Did you observe those cuts to that arm?

Yes.

Now, in addition to observing her at South Shore Hospital, did you do anything to collect potential evidence that day?

I did.

And what did you do?

I gathered, I believe they were already had been removed from the hospital staff. Clothing, pants, shirt. I believe it was a scarf and wedding bands.

May I approach again?

You may.

I'm just going to show you seven photographs.

Thank you.

If you could take a look at those. Are these seven photographs familiar to you? Are the items depicted in these photographs familiar?

Yes.

I'd move to admit these as the next exhibits, please.

Any objection?

I have no objection to any of the photographs.

They may be admitted.

Exhibits 117 through 120.

It should be 114. Seven.

[Inaudible 00:09:46].

Thank you.

Thank you, Madam Reporter.

Now, sir, the items that you then collected, you said that they were provided to you. Who gave them to you?

It was one of the hospital staff.

And so, in examining those, you would agree that those items had been cut off of the individual?

Correct.

And so, after taking custody of those particular items, did other law enforcement arrive at South Shore Hospital?

Yes.

And who arrived?

Trooper Lawlor from the Mass State Police and Officer Lippard from the Duxbury Police.

And again, you had been at the scene at 47 Summer Street, correct?

Correct.

And then you went to South Shore Hospital. Were other members of the Duxbury Department at the Summer Street address and at other locations during the time you were at the hospital?

I would believe so, but I'm not positive.

And were you aware that the state police had become involved in this case?

Yes.

And based on your experience as a Duxbury officer, do you sometimes work in tandem with the state police on certain types of investigations?

We do.

And so when Trooper Lawlor arrived at the hospital, did you turn over these items to him?

I did.

Now in the time that you were at the South Shore Hospital, did you have the opportunity to speak, at all, with Lindsay Clancy?

No.

In the time that you observed her, was she responsive at all?

No.

Was she in custody at that point?

I would say yes.

Well, let me ask you this. As far as when a person is placed in custody, you usually advise them that they are, correct?

Correct.

I don't hear him saying that he's not sure. His answer was yes.

All right.

I understand what the government-

Sustained.

When your department has somebody in custody, is it protocol to have an officer stay with that individual?

Yes.

And in this case, was somebody assigned to stay with Lindsay Clancy?

Yes.

At the time you were at the hospital, was that your role?

Yes.

At some point, did someone else from your department come to keep watch?

Yes.

Who was that person?

I believe it was Officer Lippard. I know Officer Broderick was also assisting. I can't recall if he arrived at the hospital as well.

Okay. But you recall Officer Lippard?

Yes.

And once the scene was secured at South Shore Hospital, did you leave?

I did.

And where did you go?

Back to the address in Duxbury.

And that would be 47 Summer Street, correct?

Correct.

I think you might have said 42 at one point.

You're right. Yep. 47 Summer.

And at the residence at 47 Summer Street, did you assist other Duxbury officers in securing the scene upon the arrival of the crime scene services?

Yes.

Were you present when the Massachusetts State Police Detectives Unit executed a search warrant at 47 Summer Street?

I was.

And was that kind of later that night into the early morning hours of the 25th?

Yes.

I have no further questions.

All right.

Thank you.

Counsel?

Donna, could I see the exhibits that were just introduced? I'm sorry. [inaudible 00:13:10] Morning.

Good morning.

I've got a couple of other photographs that I'd like to just, since you were at the hospital at South Shore, if I could.

Sure.

Is that what Lindsay's condition was when you went in the hospital and saw her laying on the bed?

I don't recall those being on her legs, but I'm not 100% sure, but other than that, yes.

Other than that, yes?

Correct.

So I would offer that, Your Honor, if I could.

Any objection?

May we approach?

Sure. Yeah. All right, that may be admitted.

[inaudible 00:14:03] can introduce [inaudible 00:14:06] a one rather than.

Sure. Yeah, if you want to do that.

You, at some point, had a chance to take a look at her face, I imagine, sir.

Correct.

Is that a fair and accurate depiction?

Yes.

And she was unconscious at that point, was she not?

That's correct.

How about for this [inaudible 00:14:26]?

All right, that may be admitted.

And you said that there was some cuts on her wrist.

Yes, sir.

Fair and accurate depiction?

Correct.

And cuts on the neck, as well?

Correct.

And from the other side or from the front?

Yes.

Okay. Thank you, Judge. [inaudible 00:14:50].

All right. All right. Those photos may be admitted.

[inaudible 00:15:14].

Thank you. And I'm just showing you another exhibit. This would have already been introduced into evidence, and this would be Exhibit 112. And this would also depict the area of the wrist. Is that correct?

Correct.

The cut was ... likewise, Exhibit 111 also shows the cuts on the neck. Is that correct?

Correct.

Now, when you went to the house, you were a detective at this point, correct?

Correct.

The house, you were a detective at this point, correct?

Correct.

And obviously you're working in tandem at this time with the State Police. They were also investigating, right?

Correct.

But you were the detective for the town of Duxbury?

One of them, yes.

One of them. Okay. And one of the things counsel had asked you about was the clothing that Lindsay was wearing and it was cut off, right?

Correct.

So I'm just going to show you and ask if this appears to be a fair and accurate depiction, rendition of, for example, one of her items of clothing?

Yes.

Okay. Well, I don't know that, so I'm just going to just make sure it's him, that's all. Does that show that there's blood on that item of clothing?

Not that I see.

Okay. Was there some type of residue, of paint or something on the clothing, if you recall?

I don't recall, no.

No. Did you notice on the pants any blood on the jeans? If you recall.

I don't recall, no.

How about the, I guess it would be the top that was worn. Did you notice any blood on that?

No.

Was there a bra that was cut off, if you recall, sir?

Yes, there was.

And the blood seeped through the clothing into the bra itself, is that correct?

Correct.

And that would be obviously from outside the clothing and then into the bra that was being worn, right?

Correct.

I would offer these, Judge.

Any objection?

They're already in evidence. They've been marked, so I don't see that it's necessary to mark them again. They're the same photographs.

Well, I'll trust that the representation they're in evidence. I don't want to [inaudible 00:18:02] the court.

All right.

So if they're already in evidence, then that's good enough for me.

I just admitted them through Sergeant Murphy.

But the bottom line is that you do agree that there was certainly blood on the interior and exterior clothing that she was wearing, right?

That's correct.

You'd also agree, sir, that there was blood in the area from the outside of the backyard directly underneath the window. Is that correct? Would you agree with that if you remember looking at it?

That is correct.

The ground, the snow, and the leaves that were underneath, of course there were a lot of people walking around, but you could see the blood-

Correct.

... directly underneath the window, right?

The back window.

You noticed blood that was on the window sill itself on the second floor, one hand... one mark on that window ledge?

Yes.

You also noted blood that at some point had gone onto the two shingles that were in the area underneath that ledge, underneath that window, right?

Correct.

I'd offer the blood on the floor on the ground with the EMT documents.

No objection.

All right. That may be admitted.

Exhibit 126.

Thank you. Now, the State Police went and got a search warrant, right?

Correct.

And you were there when they were searching?

Correct.

You guys were helping out. Obviously it was a group effort to search the house for relevant or material evidence, right?

Correct.

Now, one of the things that was seized were pill bottles. Is that right?

Correct.

Do you know why they were seized?

I do not.

Did you seize any pill bottles?

I did not.

Were you there when the State Police seized the pill bottles?

I was.

Do you recall that the pill bottles were seized from, for example, in the kitchen, you opened up a cabinet and they were right on... A bunch of them lined up on a shelf.

I can't attest to that. I wasn't present for that.

Why don't I ask you this? Where did they get the pill bottles from?

You'd have to ask them. I wasn't there when they seized the bottles.

You weren't there when they seized-

I wasn't in that room. We were in multiple rooms at a time.

So I may stand corrected. I'm sorry. I thought I asked you if you were there when the State Police were seizing the bottles, and I thought you said you were.

I was in the house, correct.

In the house?

Yes.

But you weren't there when they were seizing anything?

Correct.

How about up in the bedroom? Did you go up in the bedroom?

I did.

Did you observe the blood on the floor?

I did.

You observed when you went in the bedroom, it was very cold, right?

Yes.

Okay. Because the window was open, right?

Correct.

And when you went into the bedroom, you made observations as a detective of certain items such as? Does this appear to be a fair, accurate rendition of the blood drops on the floor?

It does.

In the bedroom?

Yes.

Is this a indication of the bed itself, the right side of the bed, additional blood that was located on the floor next to the boots?

Yes.

Does this appear to be the nightstand that was next to the bed?

It does.

And do you see what's on top of the nightstand?

Yes.

But what's on top of the nightstand?

There's two cups, a knife, it looks like a jar of something, and maybe a clock.

Okay. Also blood drops?

Correct.

This is an additional photograph moving farther down towards the right side of the bed?

Correct.

This is a closeup of the knife that was on the nightstand as well as the little cup that was there and something that says deep sleep pillow spray. Do you see that?

Yep.

And that was on that top of the furniture, correct?

Correct.

Okay. And this again is an area depicting various items of clothing. It looks like a little headband, a wire perhaps to charge a phone and blood on the floor.

Correct.

And this shows the location of the bed, additional photograph of the blood towards the end of the bed, and also the area of the window, right?

Correct.

Okay. I'd offer these, Judge.

Your Honor, object to that photograph.

Can I see, Counsel, in regards-

Just for context, this will also show a different angle, but basically the boots that I already showed you and the blood showing that the blood kind of follows through along the edge of the bed, the furniture, and then up to the wall.

Correct.

Was there also, if you recall, one of those full length mirrors?

I don't recall.

No? I'd offer these, Judge.

All right. Any objection to that?

No.

All right. Those pictures may be admitted.

Thank you. So you had nothing to do with-

Hold on a second, Counsel.

Sorry.

I'm just going to mark these.

127 through 135. So marked.

So you had nothing to do with the seizure of any of the pill bottles, sir?

Correct.

And you don't have a memory of looking in the cabinet in the kitchen and seeing a number of journals or spiral bound notebooks and books?

Correct.

Was that pretty much the extent of your involvement with this case that night?

That night, yes.

And you really didn't get involved with any further investigation on this matter as far as seizing evidence, except for what you've testified to, right?

We did seize. I located a laptop in the hallway closet.

Okay.

And that was, I believe, seized by the State Police as well.

Okay. Anything else you recall? How about, do you remember when you guys were searching or you watched the State Police searching that they opened up? Did they open up drawer to the nightstand that was next to the bed with a number of pill bottles in it?

Again, I wasn't present when that was taken, so I can't attest to that.

How about Apple Watch, no?

I don't recall.

Okay. Thank you. That's all I have.

Attorney Buckingham, any redirect?

Just briefly.

Sure.

Sir, when you were at the hospital with Lindsey Clancy, with the defendant, were the medical staff in the emergency department actively treating the wounds to her neck and her wrists?

No, they were not.

And when you came back to the home at 47 Summer Street to secure the scene and wait for crime scene services, nobody went into the house that didn't need to be there before crime scene services, correct?

Correct.

In your experience, is that normal?

Yes.

And so were you present when any of the photographs that were shown to you by defense counsel were taken?

I don't believe so.

Okay. So your testimony today about those photos is your best memory of what the scene looked like at that time?

That's correct. Yes.

And as far as your role in the search warrant execution, fair to say there were quite a number of State Police, Duxbury officers, as well as crime scene troopers on scene in the house during that?

That's correct.

And each person, did they have their own kind of role in what they were doing?

Correct.

And did you kind of stay to your area?

Yes.

And you indicated that you only found a laptop in the first floor closet, correct?

Correct.

And so any of the other manners in which the rooms were searched, you were not a part of?

Correct.

Thank you. Nothing further.

You didn't have to stay to your area as a detective in the Duxbury Police Department, did you?

Correct.

So you were able to go and assist with the search and go into the different rooms and look for potential evidence, right?

That's correct.

And do you remember approximately how many Duxbury police officers were in or about the house, either outside, on the porch, on the deck, in the house, downstairs, upstairs?

I don't.

Would it be more than 10?

No, I wouldn't say more than 10.

How about State Police, do you remember how many there were of them?

No.

So all told when you considered, the sheriff's department wasn't there too, were they, if you recall?

No. No, they were not.

Sometimes they send them to take pictures. I don't know if they-

No.

Okay. Would you agree that there were probably more than 10 officers from State Police and Duxbury Police that would be doing this investigation?

Correct.

All right. A number of police cruisers, and then you have perhaps, just asking, the yellow tape, crime scene-

Yes.

... don't pass it and all of that?

Correct.

Now, if I was, for example, to show up and pull up in my car and get out, they're not going to let me wander in the house and look around, are they?

Correct.

I mean, that's just for law enforcement officers only until they clear the scene, right?

Correct.

That's after they execute their search warrants and find whatever evidence is relevant in their opinion-

Correct.

... that they seize, right?

Yes.

Once the scene is clear, then people are able to go back into the home, right?

Right.

And you don't know, I would imagine, when they cleared the scene?

Correct.

Thank you. That's all I have.

Anything on that?

Nothing further.

All right. Thank you, sir.

Thank you, Your Honor.

Please step down. Thank you. [inaudible 00:28:13].

[inaudible 00:28:13] call Richard Lippard.

Good afternoon, sir.

Good afternoon.

Could you stop right here and raise your right hand for the clerk, please.

Good afternoon. Do you solemnly swear that the testimony you're about to give [inaudible 00:28:57] the truth, the whole truth, and nothing but the truth, so help you God?

I do.

Thank you, sir. You may have a seat.

Step up, please.

All right. Good afternoon, sir. ‍

Afternoon, sir.

All right. Attorney Buckingham, please.

Thank you. Good morning.

Morning.

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

Richard Lippard.

And can you spell your last name for the record?

L-I-P-P-A-R-D.

And how are you employed?

I work for the Duxbury Police Department.

And how long have you been a police officer?

Six and a half years.

Have you worked for Duxbury the entire time or did you work someplace else?

The entire time.

What's your current assignment at the Duxbury Police?

Patrolman.

Back in January of 2023, were you also on patrol then?

Yes, ma'am.

Were you working the day of January 24th, 2023?

Yes.

At some point while you were on shift that day, were you asked to assist in an ongoing investigation for an incident that occurred at 47 Summer Street in Duxbury?

Yes, I was called back in.

You were called back in?

Yep.

Had you finished your shift?

Yes, ma'am.

And so where were you asked to go?

To the police department.

When you came to the police department, where did they direct you to go as far as the investigation went?

South Shore Hospital in Weymouth.

And so when you arrived at South Shore Hospital, was there already another Duxbury officer there?

Detective Maffeo was there.

Okay. And what was the purpose of you going to South Shore Hospital?

To over- watch the person in custody.

Okay. And did you learn who that person was?

Yes.

And fair to say that individual was a woman by the name of Lindsay Clancy, correct?

Yes.

What were your observations of her when you were at South Shore Hospital?

She seemed to be sedated, not speaking or anything on the hospital bed, just laying there.

And excuse me. When you were there or during the time that you were there, did you ever have any conversation with her?

No.

Did she remain unresponsive during the time that you were there?

Yes.

And were you also there when somebody came in and took some photographs of her?

I do not recall.

Okay. Were medical staff tending to her during the time that you were with her?

Yes.

Where in the South Shore Hospital was this? The emergency department or someplace else?

Emergency department.

And shortly after you were there observing her, did she or did the doctors indicate she was going to be transported someplace else?

Yes.

Where was she going to go?

That she was going to be med flighted to the Brigham in Boston.

And other than yourself or other law enforcement and medical staff, did anyone speak with her at the South Shore Hospital?

No.

And when she was transported to the hospital in Boston, did you go along with the transport?

Yes.

Do you remember how she was transported?

It was a med flight helicopter.

So you rode in the helicopter with her?

Yes.

And when you arrived at the-

... In the helicopter with her?

Yes.

And when you arrived at the Brigham in Boston, where did she go there?

She went to the emergency room.

Did you remain with her during that time period?

Correct.

And was there anyone else with you at the Brigham with her?

Officer Broderick.

And so the two of you were, what was your role?

Just to overwatch and stay with her.

At any point when you were with her at the Brigham, was she ever awake or responsive?

No, not to my knowledge.

And how long were you at the Brigham with her?

About 15 to 16 hours.

Okay. So fair to say it was over the course of that night until the next morning?

Yes, ma'am.

Over the course of the night until the next morning, do you observe her medical status change?

There was some type of medical code during the nighttime. I'm not sure what it was.

Okay. But you were present in the room when that happened?

Yes. We were outside the room.

Outside?

Yeah.

And the next morning when your shift concluded, did somebody else from the Duxbury Police Department come and relieve you?

Yes.

During the time that you were there, did anyone besides medical staff or the law enforcement officers that you were with interact with the defendant?

No.

Thank you. Nothing further.

All right. Mr. Reddington.

Morning.

Morning.

Good afternoon. So young man working for the town of Duxbury, and you were detailed to the home initially, correct?

No, sir.

You didn't go to the house at all?

No, sir.

Okay. You went directly to South Shore?

Correct.

And when you were at South Shore, your purpose was to, as you say, overwatch. Well, that basically is she was in custody at that point, right?

Correct.

So one of your obligations was is to, I guess, guard the unconscious person to make sure what? To do what? Just to stand there?

Correct.

Okay. And you did in the South Shore Hospital, right?

Yes, sir.

And you made your observations of her bandaged or whatever, laying in the bed, and she was not conscious, correct?

Correct.

And at some point, the decision was made medically that they were going to have her med flighted to the Boston Hospital, Brigham and Woman's, right?

Correct.

And that was by way of the helicopter?

Yes, sir.

You had a helicopter ride into Boston with her, right?

Yes, sir.

You were over watching her in the helicopter again, right?

Yes, sir.

She still had not gained consciousness at all.

Correct.

She wasn't talking to you or medical staff or anybody, right?

Correct.

She was already had the tubes and stuff in her mouth coming out and she was bandaged up and wrapped up and basically laying down in the gurney in the helicopter, right?

Yes, sir.

So when she gets to Brigham and Women's Hospital, they bring her into the emergency room, right?

Yes.

And that room was loaded with equipment, boxes, wires, tubes, buzzing, beeps, lights, things of that nature, right?

Yes.

Lifesaving equipment that was in there, right?

Yes.

Very small room, wasn't it?

Yes.

Kind of hard to maneuver?

There was enough space for the medical staff to maneuver.

All right. And how many police officers were overwatching the unconscious person while she was in the emergency room at Brigham and Woman?

Two.

That would be you and the other officer from Duxbury?

Yes, sir.

At what point did the state police officers arrive in the hospital?

I don't recall them coming to the hospital.

Did you ever see state police in the hospital?

Possibly at South Shore Hospital, but not in Boston.

So you're in Brigham and Women's off of the helicopter into the emergency room for a day, is that correct?

Correct. 16 hours.

Did you go back there again after that day?

To South Shore Hospital?

No, Brigham and Women's Hospital.

No.

So you're limited to the time that you were there as to you and your brother officer were there in the room with her, correct?

Yes.

And a number of nurses and doctors, right?

Yes.

Fair to say it was pretty much, it was chaos. It was like bedlam in that room, wasn't it?

Yes. Very busy.

And you don't remember any other police officers. How about internal police officers from Brigham and Women's Hospital? Do you recall them being there?

There may have been security, but I do not recall.

So is it your testimony that you do not recall any other police being in that room or outside the room when you were there?

Correct.

Now, at some point, police were detailed, if you know, to sit outside the room to guard the door. Is that correct?

Yes.

And what were you guiding against?

Objection.

Overruled.

Anybody coming to visit.

Right, because nobody was allowed to visit, right?

Correct.

And then while you were there in the early morning hours about 2:24 or something like that, there was, as you said to the jury, a code, right?

Yes.

And again, that kind of amped up the bedlam at that point, didn't it?

Yes, sir.

There were people running from all over and you could hear on the microphone " Code blue" with the room being identified, right?

Yes.

And that meant that she was dead or dying, right?

Yes.

She was chained to the hospital bed too, wasn't she?

I do not recall her being handcuffed.

You don't?

No, sir.

Okay. Do you recall when you left?

The Brigham sir?

Yes.

The next morning around 10:00, from what I remember.

Okay. And you were relieved by who?

Officer Daly from the Duxbury Police Department and Officer Johnson from the Duxbury Police Department.

All right. So you've got two Duxbury police officers. And to your memory, were there any other law enforcement officers?

Not with them, no.

How about on their own? Did you observe other law enforcement officers come in that room or outside the room?

No, sir.

And then that was the end of your shift and you left?

Yes, sir.

Okay. Thank you, sir.

All right. Counsel, anything further?

No, thank you.

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

Commonwealth calls Dr. Tenerowicz.

Just for the record, Your Honor, I'm just going to object to this. We agreed the circumstances and-

Do you want to go to sidebar?

Yeah, please. Would you ...

All right. [inaudible 00:39:14] break. I'm sorry.

Thank you, Your Honor.

Right this way.

Thank you.

Good afternoon. Do you solemnly swear [inaudible 00:39:41]?

I do.

You may have a seat.

Watch your step please.

All right. Good afternoon, doctor.

Afternoon, sir.

If I may?

Yes please.

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

Mark Joseph Tenerowicz. M-A-R-K J-O-S-E-P-H T-E-N-E-R-O-W- I-C-Z.

And what is your date of birth, sir?

02/28/69.

What do you do for a living?

I was an emergency physician. I'm currently not acting as an emergency physician.

Okay. What do you currently do?

I do disability review for the State of Rhode Island.

And so directing your attention back to January of 2023, were you an emergency room physician at that time?

Yes, I was.

And where did you work?

Beth Israel Deaconess Plymouth.

And could you briefly describe for the jurors your educational background and the training that you underwent to qualify to be an emergency room physician?

I did my undergraduate education at Trinity College. I did a one-year post-baccalaureate pre-medical program at Bryn Mawr College. I then got my medical degree from Brown University, and I did my residency in emergency medicine at UMass Memorial in Worcester.

And when you finished your education and training, did you work in emergency care after that point up until you changed positions?

I worked in emergency medicine from 1997 until May of 2025.

Directing your attention to January 24th, 2023, were you working in the evening hours that day?

I was.

And at some point in time, did you treat a child named Dawson Clancy?

Yes.

How did he arrive at the hospital?

He arrived by fire department ambulance.

And when he arrived, were you given a summary of his injuries by emergency personnel?

Yes.

What did you learn at that time?

I was told that he reportedly had been strangled and he was found without a pulse and not breathing.

And what observations did you make of Dawson yourself?

When he arrived, he had a breathing tube in. They had placed a device into the bone of his leg to give him intravenous fluids and medicines. CPR was in progress. He was not breathing on his own and he had no pulse in him, was not responding.

And after ... Well, strike that. Did you observe any trauma to his body?

I believe there were some old appearing bruises on his legs, and there was some ruptured blood vessels on his face.

And did you observe anything in the area of his neck?

Not that I can recall.

And what did you do to treat Dawson?

We continued CPR. We continued to give him IV fluids. We gave him doses of adrenaline to try and restart his heart. We confirmed that the breathing tube was in the right position. We eventually gave medicines to treat the presumed acid buildup in his blood. We gave him calcium to make sure that his heart would, if it started again, would beat effectively, and that's what we did.

And how did you go about making sure that the breathing apparatus was in place properly?

Basically four ways. We detected carbon dioxide in the air coming out of his lungs, which usually just comes from the lungs. I listened and could hear breath sounds. I looked with a video laryngoscope to confirm that the tube was between the vocal cords going into the lungs, and we did an x-ray.

And when you say you were hearing breath sounds, was that him breathing on his own or something else breathing for him?

That was someone breathing for him, squeezing the bag attached to the breathing tube.

And so the breath sounds you heard just confirmed that whoever was squeezing the bag valve mask, the air from that was going into the lungs and then carbon dioxide was coming out?

He was not breathing spontaneously.

Okay. And while all of this is happening, are you continuing to assess him and his condition?

Yes.

And what were your assessments?

So we would stop periodically every several minutes to very briefly check to see if he was breathing on his own or if he had a pulse. And he was not at any point. At one point towards the end of the resuscitation, I used an ultrasound to determine if his heart was beating effectively, and there was no evidence of that.

Okay. And based on your training and experience, at some point in time, did you make a determination that your efforts weren't going to be successful?

I did. Based on the time from when resuscitative efforts started in the field by the paramedics and the time that we put in, and the fact that despite the best resuscitative efforts we could, the fluids, the medicines, the CPR, breathing for him, it did not look like his heart would ever start again.

Approximately how long did you and your team work on Dawson?

I believe we worked on Dawson about 40 minutes in addition to what the paramedics had done previously.

At any point in time, did you try to use a defibrillator?

I did not.

And why is that?

He was unfortunately never in a heart rhythm that would've made defibrillation an effective treatment.

So your heart has to be in a certain condition for a defibrillator to even work?

Yes. There are two heart rhythms basically [inaudible 00:44:57] of the heart that if you use a defibrillator, you can restore a rhythm that makes the heartbeat effectively. He was never in one of those rhythms.

And at some point in time, did you declare Dawson deceased?

Yes.

Okay. And do you recall when that was?

I believe from my review of the records recently, it was at 19:28.

And 19:28, would that be 7:28 PM?

That's correct.

Thank you, doctor.

Mr. Reddington.

Afternoon. You indicated that you observed what appeared to be older bruises to his legs, his lower leg?

Yes.

That shin area that is?

Yes.

And also had an interosseous device, I think. Is that what you said?

Yes, he did.

And that would require inserting a needle or something into the actual shin-bone area?

Yes, into the tibia.

Thank you, sir. That's all I have.

All right. Anything further?

No Your Honor.

All right. Thank you, Doctor.

Thank you.

Commonwealth will call Dr. Benjamin Kaufman. Good afternoon. Do you solemnly swear that the testimony and the evidence you shall give to the court shall be the truth, the whole truth, and nothing but the truth, so help you God?

I do.

Thank you sir. You may take a seat. Watch your step, please.

All right. Good afternoon, Doctor.

Just for the record, Your Honor, I'd like to just note same objection.

Same ruling.

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

It's Benjamin Kaufman. B-E- N-J-A-M-I-N K-A-U-F-M-A-N.

And your date of birth, sir?

September 10th, 1984.

What do you do for a living?

I'm an emergency medicine doctor.