Officer 1 (00:00):
This court is now in session. You may be seated.
Clerk (00:01):
May I proceed, Your Honor?
William Sullivan (00:01):
Yes, please.
Clerk (00:10):
Your Honor, before the court we have 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 Shanan Buckingham.
William Sullivan (00:15):
All right. Well, good morning, everyone. Good morning, Counsel.
Kevin Reddington (00:18):
Good morning.
William Sullivan (00:18):
All right. Good morning, Ms. Clancy.
Lindsay Clancy (00:19):
Good morning, Your Honor.
William Sullivan (00:21):
All right. Before we start, could I see everybody to talk about today's schedule? All right. Counsel, ready for the jury?
Kevin Reddington (00:35):
Yes, sir.
Shanan Buckingham (00:35):
Yes.
William Sullivan (00:35):
Okay. I think [inaudible 00:00:40].
Clerk (00:35):
[inaudible 00:00:57] Your Honor. We have another matter at 2:00. It's just the compliance. I'm going to send it to a judge.
Officer 1 (00:35):
Court, all rise, please.
William Sullivan (00:35):
[inaudible 00:01:19]
Officer 1 (01:49):
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 before the Commonwealth, draw near and give your attendance and you shall be heard. God save the Commonwealth of Massachusetts. This court is now in session. Please be seated.
Clerk (02:08):
Good morning, Your Honor. May I proceed?
William Sullivan (02:08):
Yes, please.
Clerk (02:08):
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. And the Commonwealth is represented by Assistant District Attorney Kenneth Stray and Assistant District Attorney Shanan Buckingham.
William Sullivan (02:23):
All right. Thank you, Madam Clerk.
Clerk (02:24):
You're welcome.
William Sullivan (02:25):
Well, good morning, everyone.
All (02:26):
Good morning, Your Honor.
William Sullivan (02:26):
All right. Nice to see everyone. You know I'm going to ask you those questions and we'll talk a little bit about today's schedule.
(02:35)
So first question is any member of the jury read, seen, heard, or overheard anything from any source about any aspect of this case that would affect your ability to be fair and impartial as a juror?
Jury (02:48):
No, Your Honor.
William Sullivan (02:49):
Next question, is there any other serious matter or concern bearing on your service as a juror in this case that anybody needs to bring to my attention?
Jury (02:57):
No, Your Honor.
William Sullivan (02:57):
All right. Again, thank you for following those instructions, and we'll talk a little bit about today's schedule.
(03:05)
We're at the point in the trial where I think, as you saw a little bit yesterday, there's kind of some stop and starts to go through, and I think we're going to have a similar day today, all right? So I appreciate your patience with us as I deal with counsel about some things that I have to speak to outside of your presence. But as you see, the case is moving forward, and those kind of gaps or the stops that you see are part of the reason that keeps the case moving. So I think the schedule today will be similar in some ways to what we had yesterday, all right?
(03:40)
And so with that, we're going to now return to the defendant who's presenting her case at this time. Attorney Reddington?
Kevin Reddington (03:49):
Thank you. I'll call Sue Clancy, please.
Officer 1 (03:52):
Mrs. Clancy?
Kevin Reddington (03:57):
Yeah, she should be in the hallway.
Susan Clancy (03:58):
Susan Clancy.
Officer 2 (03:58):
Raise your right hand, ma'am.
Clerk (04:41):
Good morning. Do you swear that the testimony and the evidence [inaudible 00:04:36] but the truth, so help you, God?
Susan Clancy (04:41):
[inaudible 00:04:42]
Clerk (04:42):
Thank you. You may be seated.
William Sullivan (04:47):
Hi. Good morning.
Susan Clancy (04:48):
Good morning.
William Sullivan (04:49):
I'm just going to ask you to speak into that microphone. Keep your voice up if you could.
(04:54)
All right. Counsel.
Kevin Reddington (05:02):
Thank you. Good morning.
Susan Clancy (05:03):
Good morning.
Kevin Reddington (05:03):
Okay. Can I ask you kindly to keep your voice so all the jurors down here can hear you as well. Thank you.
(05:03)
And just tell us your name and spell it, please.
Susan Clancy (05:06):
Susan Clancy, S-U-S-A-N C-L-A-N-C-Y.
Kevin Reddington (05:09):
And what town do you live in?
Susan Clancy (05:09):
[inaudible 00:05:12]
Kevin Reddington (05:09):
Okay. And you're married to Christopher?
Susan Clancy (05:09):
Yes.
Kevin Reddington (05:09):
And both you and Chris are mother and father of Patrick?
Susan Clancy (05:09):
Correct.
Kevin Reddington (05:09):
And you are obviously familiar with and know Lindsay?
Susan Clancy (05:09):
Yes.
Kevin Reddington (05:27):
Tell us what your relationship was with Lindsay, how you knew her and things just background.
Susan Clancy (05:32):
Yeah. Lindsay married my son Patrick, and we had a very good relationship.
Kevin Reddington (05:36):
And did you have occasion to go to their home-
Susan Clancy (05:39):
Yes.
Kevin Reddington (05:39):
... in Weymouth on occasion?
Susan Clancy (05:40):
Yes, I did.
Kevin Reddington (05:42):
And then in Duxbury as well?
Susan Clancy (05:44):
Correct.
Kevin Reddington (05:45):
And obviously you and your husband were the grandparents of the three little kids?
Susan Clancy (05:48):
Yes.
Kevin Reddington (05:50):
And how was your relationship with the babies?
Susan Clancy (05:53):
Beautiful.
Kevin Reddington (05:55):
And tell us how frequently, to your memory, you were able to visit with your son, Lindsay and, of course, your grandchildren.
Susan Clancy (06:05):
At least a couple times a month we would see them.
Kevin Reddington (06:09):
At some point... Oh, by the way, what do you do for work?
Susan Clancy (06:11):
I'm an RN.
Kevin Reddington (06:13):
I'm sorry, an RN?
Susan Clancy (06:14):
An RN.
Kevin Reddington (06:15):
And what type of... any [inaudible 00:06:17]?
Susan Clancy (06:17):
I worked in the labor and delivery room for about 38 years.
Kevin Reddington (06:21):
38 years in labor and delivery?
Susan Clancy (06:23):
Correct.
Kevin Reddington (06:24):
Helping women that were having babies.
Susan Clancy (06:26):
Correct.
Kevin Reddington (06:26):
And obviously you kept up with the studies and continuing education and things?
Susan Clancy (06:30):
Yes, I did.
Kevin Reddington (06:32):
To that extent, in your capacity as an RN with 38, well, back then it would've been 35 years of experience, I think-
Susan Clancy (06:41):
Yes.
Kevin Reddington (06:43):
... fair to say that you, as I said, you would keep up with all of recent developments in postpartum psychosis, postpartum depression, all of that?
Susan Clancy (06:52):
Somewhat, but I mainly just was in the delivery room itself.
Kevin Reddington (06:55):
So were you aware of the various physicians that were in the forefront, if you will, of postpartum studies as it relates to medicine?
Susan Clancy (07:08):
Yes.
Kevin Reddington (07:12):
And would one of the people that you were interested in be a person by the name of Dr. Meg Spinelli?
Susan Clancy (07:21):
Yes.
Kevin Reddington (07:22):
And can you tell us who Meg Spinelli is?
Susan Clancy (07:26):
I don't really know Meg Spinelli well. We've spoken a couple of times. I believe she specializes in postpartum mental health.
Kevin Reddington (07:34):
And have you met with her before?
Susan Clancy (07:36):
Not in person.
Kevin Reddington (07:37):
Okay. Did you at some point ask Dr. Spinelli to help out at your hospital in, I guess they call it a rounds lecture?
Susan Clancy (07:47):
I asked her to bring on her experience and education in that area and share it with my colleagues.
Kevin Reddington (07:54):
And did she do that?
Susan Clancy (07:55):
She did.
Kevin Reddington (07:57):
And as time went by dealing with your job, your family, your son, daughter-in-law, grandchildren, did you notice in 2022 after Callan was born, any change in the personality, if you will, of Lindsay?
Susan Clancy (08:18):
Several months after that, I did.
Kevin Reddington (08:21):
Would that be sometime in the fall?
Susan Clancy (08:22):
Yes.
Kevin Reddington (08:23):
And can you tell the jurors, being as close as you were with the family... Well, let me back up. As a mother-in- law, did you have any observation to observe Lindsay with her kids?
Susan Clancy (08:34):
Yes.
Kevin Reddington (08:36):
Can you tell the jurors about how you saw her acting with her children as a mother?
Susan Clancy (08:41):
She was very nurturing, very loving. She was a wonderful mother, wonderful.
Kevin Reddington (08:46):
Did you ever see her treat her middle son, Dawson, bad because she didn't like him?
Susan Clancy (08:51):
No.
Kevin Reddington (08:53):
Did she love Dawson, in your opinion?
Susan Clancy (08:55):
She loved her children, all of them, very, very much.
Kevin Reddington (08:59):
And during that period of time, let's say October, November of 2022, what did you observe about Lindsay?
Susan Clancy (09:10):
She reached out to me in November and told me that she felt unwell.
Kevin Reddington (09:16):
Did she describe any symptoms for her?
Susan Clancy (09:18):
She did.
Kevin Reddington (09:19):
Tell the jurors what she said.
Susan Clancy (09:21):
She felt mostly she had insomnia. She was losing her appetite. She was very anxious and sad.
Kevin Reddington (09:32):
Did she tell you that she was seeing doctors?
Susan Clancy (09:36):
Yes.
Kevin Reddington (09:37):
And at some point, did you recommend... Did she come to you and ask you for help regarding seeing a doctor?
Susan Clancy (09:46):
Yeah, she asked for my support.
Kevin Reddington (09:48):
And you obviously gave it to her?
Susan Clancy (09:50):
Yes.
Kevin Reddington (09:51):
And what did you do to make any recommendations for her?
Susan Clancy (09:54):
I reached out to my colleagues who were running a clinic for women that were struggling postpartum.
Kevin Reddington (10:02):
Would that be the South Shore?
Susan Clancy (10:03):
Yes, correct.
Kevin Reddington (10:06):
And at some point as a result of your intervention, was a nurse practitioner, Julie Paul, agreeing to step in and help out?
Susan Clancy (10:17):
Yes.
Kevin Reddington (10:18):
Did Lindsay see Julie?
Susan Clancy (10:20):
I believe she did.
Kevin Reddington (10:21):
And you really pretty much were out of the mix at that point. You basically made the connection, knew that she was on there, right?
Susan Clancy (10:26):
Correct.
Kevin Reddington (10:28):
Did you find that Lindsay was interested at all times in trying to get better and see doctors?
Susan Clancy (10:34):
Very much so.
Kevin Reddington (10:37):
Did you find at all or do you have an opinion with your observations of Lindsay as to whether or not she was offered help or would just spurn it and not see doctors and not have treatment?
Susan Clancy (10:46):
She was begging for help.
Kevin Reddington (10:48):
And during that period of time, you were there for her by text and by telephone and in person?
Susan Clancy (10:54):
Correct.
Kevin Reddington (10:55):
Now, during that time that you were, let's say November and into December, the holiday season, do you recall the holidays for 2022?
Susan Clancy (11:04):
Yes.
Kevin Reddington (11:05):
Can you tell us, was that a fun time for the Clancys?
Susan Clancy (11:09):
Lindsay was struggling. We were all very concerned.
Kevin Reddington (11:13):
And you knew in January, New Year's actually, that she ended up going to-
Susan Clancy (11:18):
Yes.
Kevin Reddington (11:18):
... McLean Hospital?
Susan Clancy (11:18):
Yes.
Kevin Reddington (11:20):
You know that she eventually got out of the McLean Hospital?
Susan Clancy (11:23):
Yes.
Kevin Reddington (11:25):
Fair to say that you and Lindsay, as I said, communicated a lot by text messaging, right?
Susan Clancy (11:31):
Yes, correct.
Kevin Reddington (11:33):
So I'm going to approach you with extraction report. This is a report that is done by the DA's office and the state police, Mr. Whiffin, on what's called Cellebrite, where they can go into... Did they examine your phone?
Susan Clancy (11:51):
No.
Kevin Reddington (11:51):
They examined Lindsay's phone and obtained texts. Have you seen the texts?
Susan Clancy (11:56):
I think so.
Kevin Reddington (11:57):
Okay. I'm going to approach you with the extraction report, okay, and if you can just take a look and see if your telephone number is on there, just for foundation purposes. Or if you-
Susan Clancy (12:15):
It is.
Kevin Reddington (12:15):
It is, okay.
Susan Clancy (12:15):
Yes.
Kevin Reddington (12:17):
And just quickly flip through and see if you recognize those texts. You'll have to look at all of them, that's for sure. They appear to be texts between you and Lindsay?
Susan Clancy (12:49):
Mm-hmm.
Kevin Reddington (12:49):
Okay.
(12:52)
Your Honor, I'm not going to go through each and every text. What I'm going to suggest is I would offer this and then the jurors would be able to look at what they wish.
William Sullivan (13:00):
Any objection?
Shanan Buckingham (13:01):
Your Honor, the Commonwealth [inaudible 00:13:02] the same objection previously made [inaudible 00:13:04].
William Sullivan (13:05):
All right. Over the, yeah, Commonwealth's objection, that may be admitted.
Kevin Reddington (13:14):
Thank you.
Reporter (13:14):
[inaudible 00:13:15] 79.
Kevin Reddington (13:14):
Thank you very much, Mrs. Clancy.
William Sullivan (13:34):
Thank you. Commonwealth?
Shanan Buckingham (13:35):
Good morning.
Susan Clancy (13:36):
Good morning.
Shanan Buckingham (13:39):
So you indicated that you've were a labor and delivery nurse for 38 years.
Susan Clancy (13:46):
Mm-hmm.
Shanan Buckingham (13:47):
And what hospital was that?
Susan Clancy (13:48):
South Shore Hospital.
Shanan Buckingham (13:49):
And early on in the defendant's career, did you work with her?
Susan Clancy (13:54):
Briefly.
Shanan Buckingham (13:55):
Okay. And she then went to Mass General, correct?
Susan Clancy (13:59):
Yeah, she was a student at the time.
Shanan Buckingham (14:02):
Okay. And you stated that you are aware of a doctor named Meg Spinelli, correct?
Susan Clancy (14:07):
Yes.
Shanan Buckingham (14:08):
Did you reach out to her in this case?
Susan Clancy (14:12):
I don't remember exactly how she and I connected. I don't recall.
Shanan Buckingham (14:18):
Well, you indicated that you connected with her in a professional capacity to have her come to your hospital, right?
Susan Clancy (14:24):
Yes.
Shanan Buckingham (14:25):
But as far as her role in this case with the defendant, did you reach out to her for that?
Susan Clancy (14:30):
I don't think I did. I don't recall.
Shanan Buckingham (14:34):
Now, you said that you began to notice some issues in... Well, defense counsel said October, November, but fair to say you weren't aware of what was going on until she texted you-
Susan Clancy (14:49):
Correct.
Shanan Buckingham (14:50):
... on November 16th-
Susan Clancy (14:50):
Correct.
Shanan Buckingham (14:51):
... when she was at the emergency room?
Susan Clancy (14:52):
Yes.
Shanan Buckingham (14:53):
And that was at South Shore Hospital?
Susan Clancy (14:54):
Yes.
Shanan Buckingham (14:55):
And you actually met her there at the emergency room?
Susan Clancy (14:57):
Yes.
Shanan Buckingham (14:58):
Was she by herself or with Patrick?
Susan Clancy (15:00):
She was by herself.
Shanan Buckingham (15:01):
Did you know how she got there?
Susan Clancy (15:03):
She drove.
Shanan Buckingham (15:04):
She drove herself to the hospital?
Susan Clancy (15:05):
Correct.
Shanan Buckingham (15:06):
And she was in the emergency room for a while, correct?
Susan Clancy (15:10):
I don't know how long. Probably an hour, maybe two hours.
Shanan Buckingham (15:14):
Well, you went down when you knew she was there, sat with her for a little bit, went back upstairs to your... Because you were working that day, right?
Susan Clancy (15:21):
Correct. I wasn't able to go down immediately. I had to wait about an hour and a half, and then I went down.
Shanan Buckingham (15:26):
Okay. And then you sat with her for a little bit, you went back up to work, right?
Susan Clancy (15:31):
Yes.
Shanan Buckingham (15:31):
And then you came back down at some point before she was discharged?
Susan Clancy (15:35):
Yes.
William Sullivan (15:36):
Counsel, can I see [inaudible 00:15:37] just very briefly?
Shanan Buckingham (16:49):
So Mrs. Clancy, you came down to the emergency room, and you sat with her for a while, correct?
Susan Clancy (16:55):
Yes.
Shanan Buckingham (16:56):
And did she tell you why she was there?
Susan Clancy (16:57):
Yes.
Shanan Buckingham (17:00):
And fair to say she indicated to you that she was having trouble sleeping, and she had some heart palpitations?
Susan Clancy (17:06):
Correct.
Shanan Buckingham (17:06):
And that's what brought her to the emergency room to get checked out?
Susan Clancy (17:09):
Yes.
Shanan Buckingham (17:10):
Did she tell you that she had consumed a weed gummy before going to the ER that day?
Susan Clancy (17:15):
She did not.
Shanan Buckingham (17:17):
Okay. And in your experience as a nurse, is that sometimes a reaction to THC or CBD or some sort of weed that somebody might have a faster heartbeat?
Susan Clancy (17:29):
I don't know.
Shanan Buckingham (17:31):
Now, when she was in the emergency room, she was seen by a doctor and provided some medication. Were you there when the doctor was there?
Susan Clancy (17:39):
Yes.
Shanan Buckingham (17:40):
And you're aware that the doctor, the ER doctor, gave her some trazodone to help her sleep?
Susan Clancy (17:44):
Yes.
Shanan Buckingham (17:45):
Because that's what she was really concerned about, right? The sleep?
Susan Clancy (17:48):
Yes.
Shanan Buckingham (17:49):
And when she left the emergency room, did you call her an Uber, or have Pat come and get her, or call your husband to come get her?
Susan Clancy (17:57):
No.
Shanan Buckingham (17:58):
She left in her own car, right?
Susan Clancy (17:59):
Correct.
Shanan Buckingham (18:01):
Okay. And so fair to say after that ER visit, you remained in pretty constant contact with her, at least via text message, right?
Susan Clancy (18:08):
Yes.
Shanan Buckingham (18:09):
And that you would check in with her pretty much daily, and that's all in these texts?
Susan Clancy (18:15):
Yes.
Shanan Buckingham (18:20):
Now, you were familiar with the perinatal behavioral health clinic because of your work at South Shore Hospital, correct?
Susan Clancy (18:27):
Yes, correct.
Shanan Buckingham (18:28):
And so the person actually that you connected with first was not Julie Paul, was it?
Susan Clancy (18:34):
No, it was one of the midwives that I was working with.
Shanan Buckingham (18:36):
And her name is Nanette?
Susan Clancy (18:38):
I think so.
Shanan Buckingham (18:39):
And so did she provide you with Julie Paul's contact information?
Susan Clancy (18:43):
She suggested Julie.
Shanan Buckingham (18:45):
Okay. And as a result of the suggestion, you reached out to Julie with Lindsay's permission, right?
Susan Clancy (18:51):
Yes.
Shanan Buckingham (18:52):
And you said that at that point you made the contact, knew she had spoken to Julie, and you kind of stepped back from the clinic?
Susan Clancy (19:01):
Mm-hmm.
Reporter (19:01):
[inaudible 00:19:02]
Susan Clancy (19:03):
Yes.
Shanan Buckingham (19:11):
You're aware Julie Paul is one of the only prescribers that the defendant encountered that's not personally named in a civil lawsuit that's pending, don't you?
Susan Clancy (19:24):
I'm not sure.
Shanan Buckingham (19:28):
Now, so the ER visit is on the 16th, contact is made with Julie Paul on November 20th, right?
Susan Clancy (19:37):
That sounds right.
Shanan Buckingham (19:39):
Okay. And that would've been your phone call to her first?
Susan Clancy (19:42):
I don't remember exactly.
Shanan Buckingham (19:47):
In the time period while you know she was going and getting, going to see providers and meeting with Julie and going to the clinic, did you offer to help out more with the kids?
Susan Clancy (19:59):
Yes.
Shanan Buckingham (20:00):
You were still working full-time at that time, weren't you?
Susan Clancy (20:02):
Yes.
Shanan Buckingham (20:02):
So fair to say it was kind of limited based on your schedule?
Susan Clancy (20:05):
Correct.
Shanan Buckingham (20:06):
Did you have a normal schedule that you worked at that time period?
Susan Clancy (20:10):
I don't know what you mean.
Shanan Buckingham (20:11):
Well, as a nurse, did you work day shifts? Did you work mid-
Susan Clancy (20:16):
I worked the day shift.
Shanan Buckingham (20:18):
Okay. So did you offer to watch the kids at nighttime?
Susan Clancy (20:23):
I don't remember exactly.
Shanan Buckingham (20:25):
Did the kids come to stay at your house overnight so that she could get some sleep?
Susan Clancy (20:28):
No, they didn't.
Shanan Buckingham (20:31):
Okay. Fair to say you offered and she didn't want the kids to come to your house, right?
Susan Clancy (20:35):
No, that's not right.
Shanan Buckingham (20:37):
Well, were they, did they ever sleep over your house?
Susan Clancy (20:41):
No, they didn't.
Shanan Buckingham (20:42):
And Cora was five, right?
Susan Clancy (20:44):
Yes, correct. She turned to five that December.
Shanan Buckingham (20:49):
So at any point they never stayed over?
Susan Clancy (20:54):
We decided together it was best for them to be in their own beds, at their own house with all their belongings. And Lindsay's parents were very actively involved in staying over and helping out. So it was the best decision that they stay home in their own beds.
Shanan Buckingham (21:12):
So prior to the November of 2022, did you and your husband ever come and stay over the night so that Patrick and Lindsay could go off?
Susan Clancy (21:23):
We never did stay at their house.
Shanan Buckingham (21:28):
And as far as kind of watching the kids or taking the kids outside of the house during the daytime, did you often take Cora on kind of day trips, out to lunch?
Susan Clancy (21:37):
Yeah, we used to go to lunch together.
Shanan Buckingham (21:39):
How about Dawson? Did you take him one-on-one out to...
Susan Clancy (21:42):
Not as much. He was younger.
Shanan Buckingham (21:44):
And how about Callan? Did you ever take him out of the house without Lindsay?
Susan Clancy (21:47):
No.
Shanan Buckingham (21:49):
And are you aware that Lindsay told one of the therapists that she wasn't close with you as in-laws and that she-
Susan Clancy (21:58):
I didn't know that, no.
Shanan Buckingham (21:59):
That she said she doesn't generally allow the in-laws to watch her children?
Susan Clancy (22:04):
I did watch the kids.
Shanan Buckingham (22:06):
Okay. But are you aware that she told the therapist that?
Susan Clancy (22:09):
No.
Shanan Buckingham (22:09):
Are you aware she told the therapist that she didn't have any particular reason why and that they don't bug me about it, either?
Susan Clancy (22:16):
I didn't know any of that.
Shanan Buckingham (22:20):
Now, Lindsay, the defendant, she communicated with you via text about her issues with sleep and the medication she was taking, right?
Susan Clancy (22:30):
Yes.
Shanan Buckingham (22:31):
And as far as the ER visit where the trazodone was prescribed, do you recall having a back-and-forth conversation with her about that it's okay to increase it if you weren't getting any relief?
Susan Clancy (22:42):
The doctor told her that, so I repeated that.
Shanan Buckingham (22:45):
Okay. And so you're aware that she was, in fact, increasing the dose?
Susan Clancy (22:50):
I did not know that.
Shanan Buckingham (23:25):
Now, once the defendant, once she was seeing Julie Paul, did you continue to have conversations with her about how she was feeling?
Susan Clancy (23:36):
Yes.
Shanan Buckingham (23:37):
And you knew that she was taking some new medications after she saw Julie, right?
Susan Clancy (23:44):
Yes.
Shanan Buckingham (23:53):
And sorry, these pages are different than mine.
(24:21)
At some point after being prescribed some medication, you recall that Lindsay told you that she thought she developed a benzo dependency, correct?
Susan Clancy (24:37):
I vaguely remember that.
Shanan Buckingham (24:39):
That'd be on November 29th where she says, "I just, deep down inside of me, feel that I've developed a benzo dependence after just two weeks of using it. And I feel like no one is hearing that and addressing it, and we keep throwing different meds in the mix that aren't really addressing the real issue." Do you recall that message?
Susan Clancy (24:56):
Sounds familiar.
Shanan Buckingham (25:01):
And she asks you or you respond, "So hard. I don't know what to do. So should you not use it?" And she responds, "I guess not, but then I don't sleep," right? Do you recall that?
Susan Clancy (25:17):
I can't say for certain. It sounds right.
Shanan Buckingham (25:21):
Okay.
Susan Clancy (25:22):
I don't remember a lot of specifics.
Shanan Buckingham (25:34):
And on November 30th, November 30th, she says, and I'm just going to, kind of show this in here, she says, "I'm not okay and I'm terrified of taking meds tonight." Do you see that in the green?
Susan Clancy (26:33):
Yeah.
Shanan Buckingham (26:34):
And then your response is, "Why are you scared? Why happens if you don't take them? What are you afraid of? What about Ambien," right? So you're actively trying to help her kind of figure out the medication.
Susan Clancy (26:47):
Yes, there were a lot of medications.
Shanan Buckingham (26:49):
Okay. You're aware she wasn't prescribed all the medications at one time, but just that a lot of different combinations were kind of thrown around as options, right?
Susan Clancy (26:58):
It seemed confusing.
Shanan Buckingham (27:09):
That she also... She's very clear and she tells you which medications she is taking, right? Ativan and Remeron?
Susan Clancy (27:19):
Probably.
Shanan Buckingham (27:20):
Okay. And then she also tells you on November 30th when you're talking about it, she says, "I know they take time to reach a therapeutic level to have the desired effect," right? Do you remember that?
Susan Clancy (27:32):
Yes.
Shanan Buckingham (27:32):
And then you respond, "Exactly." And she tells you that she's just depressed, and she thinks it was brought on by the medication, right?
Susan Clancy (27:46):
I don't remember that.
Shanan Buckingham (27:49):
Okay. Well, on November 30th at 7:52, "I was never ever this depressed. It was brought on by the medication." Did you say that, or did she say that?
Susan Clancy (28:01):
She probably said that.
Shanan Buckingham (28:02):
Okay. Now, you were asked about the holidays and Thanksgiving. You remember Thanksgiving? Where did you guys go for Thanksgiving?
Susan Clancy (28:19):
To my daughter's house.
Shanan Buckingham (28:21):
And do you remember telling the grand jury that during Thanksgiving, things were better?
Susan Clancy (28:28):
I don't recall.
Shanan Buckingham (28:40):
Well, do you remember her saying that she said things were better? Do you remember that?
Susan Clancy (28:46):
Vaguely.
Shanan Buckingham (28:46):
Okay. You were asked, "What was Lindsay like during the big Thanksgiving gathering? What observations did you make?"
(28:52)
Answer: "She smiled. The girls all had Thanksgiving T-shirts on that sort of matched. We took a picture. She mostly focused on the kids and interacting with the cousins and the aunts and uncles."
(29:02)
"At one point, she went off a little into the distance, and I approached and asked her how she was doing, and she said, 'I'm trying hard to get better. I'm still working at it.' I asked about her sleep. I though that was important, and also the fact that she lost some weight. She didn't have an appetite, and she said things were getting better."
Susan Clancy (29:18):
Okay.
Shanan Buckingham (29:25):
Now, during the holidays, you, in fact, took some time off of work so that you were around a little bit more, correct?
Susan Clancy (29:31):
Correct.
Shanan Buckingham (29:32):
And so when you were around a little bit more, did you spend all day, every day at their house?
Susan Clancy (29:38):
No.
Shanan Buckingham (29:39):
Fair to say you would come sometimes to play with the kids, right?
Susan Clancy (29:42):
Yes.
Shanan Buckingham (29:43):
Do shopping for her?
Susan Clancy (29:45):
Correct.
Shanan Buckingham (29:46):
And then you actually went on vacation?
Susan Clancy (29:48):
Yes.
Shanan Buckingham (29:48):
You and your husband went to Aruba?
Susan Clancy (29:50):
Yes.
Shanan Buckingham (29:50):
How long were you in Aruba?
Susan Clancy (29:52):
Five or six days, I think.
Shanan Buckingham (29:53):
Okay. And now moving towards Christmas, you had dinner with them at their house on the 23rd, right?
Susan Clancy (30:04):
I don't remember.
Shanan Buckingham (30:06):
Okay. Do you remember breakfast on Christmas Day?
Susan Clancy (30:08):
Yes.
Shanan Buckingham (30:08):
Was that at their house or someplace else?
Susan Clancy (30:10):
Their house.
Shanan Buckingham (30:10):
Okay. And then what did you guys do after breakfast?
Susan Clancy (30:12):
We went to church.
Shanan Buckingham (30:14):
And fair to say you've previously testified that breakfast was great?
Susan Clancy (30:19):
Yes.
Shanan Buckingham (30:20):
And that church was beautiful?
Susan Clancy (30:21):
Yes.
Shanan Buckingham (30:22):
And, in fact, the defendant, she told you that it was great and that she was glad she went to church that day on Christmas Day.
Susan Clancy (30:29):
Yes, she did.
Shanan Buckingham (30:30):
And then after that, you're aware they went down to Connecticut to see her family?
Susan Clancy (30:36):
Right.
Shanan Buckingham (30:40):
Okay. Now, are you a active member in the Catholic Church?
Susan Clancy (30:45):
Yes.
Shanan Buckingham (30:46):
Okay. So you're aware that murder is considered a mortal sin?
Kevin Reddington (30:50):
Objection.
William Sullivan (30:50):
Yeah. Counsel, can I see you over here? All right. And what that means is you are not to consider it for any reason or any purpose, okay? All right. Counsel.
Shanan Buckingham (31:11):
So you were aware, Mrs. Clancy, about the stay at McLean Hospital from January 1st to January 5th, correct?
Susan Clancy (31:18):
Yes.
Shanan Buckingham (31:19):
And did you come to the house to help with the kids during that time period?
Susan Clancy (31:24):
Yes.
Shanan Buckingham (31:26):
And fair to say when she came home on the 5th, there was a party for Cora on the 7th?
Susan Clancy (31:36):
Yes.
Shanan Buckingham (31:36):
Did you go to the birthday party?
Susan Clancy (31:37):
No.
Shanan Buckingham (31:38):
Were you at the house much between January 7th and January 24th?
Susan Clancy (31:45):
I don't remember.
Shanan Buckingham (31:49):
Okay. Do you recall previously reporting that you hadn't been at the house?
Susan Clancy (31:53):
I don't remember.
Shanan Buckingham (32:05):
And during that time period, you never took the kids on a day trip or for a visit?
Susan Clancy (32:11):
I don't recall.
Shanan Buckingham (32:13):
And were you aware that between January 7th and January 24th that Pat and Lindsay went to the Cape Codder with the kids?
Susan Clancy (32:21):
I'm aware of that.
Shanan Buckingham (32:22):
And that they went to the Museum of Science with the kids?
Susan Clancy (32:24):
Yes.
Shanan Buckingham (32:25):
And that Pat left Dawson and Callan home, or excuse me, left, yeah, Dawson and Callan home to go take Cora skiing, were you aware of that?
Susan Clancy (32:41):
It sounds accurate to me.
Shanan Buckingham (32:44):
On the ski trip, did they ask you to come over and stay with Lindsay while she was with the other kids?
Susan Clancy (32:48):
I don't remember.
Shanan Buckingham (32:57):
And you were asked on direct examination about Lindsay going to see providers and you said, I think she was begging for help, right?
Susan Clancy (33:08):
She was.
Shanan Buckingham (33:10):
Did you attend any of those meetings with her, therapists or doctors?
Susan Clancy (33:14):
No.
Shanan Buckingham (33:14):
So you don't know what she told the providers, right?
Susan Clancy (33:17):
I don't know.
Shanan Buckingham (33:18):
And you don't know what kind of help she asked for other than medication, do you?
Susan Clancy (33:23):
No.
Shanan Buckingham (33:23):
And do you know whether there was any other options offered to her other than McLean, like a partial hospitalization program or intensive outpatient? Were you aware of those options?
Susan Clancy (33:33):
Yeah.
Shanan Buckingham (33:34):
And do you know if she went?
Susan Clancy (33:36):
She went to women and infants.
Shanan Buckingham (33:38):
So that's the one day where Pat dropped her off and went skiing and then came back, right?
Susan Clancy (33:42):
I believe so.
Shanan Buckingham (33:45):
Nothing further.
William Sullivan (33:46):
All right. Mr. Reddington, any redirect?
Kevin Reddington (33:54):
So she asked you about options that were available to Lindsay, correct?
Susan Clancy (34:00):
Yes.
Kevin Reddington (34:01):
And you mentioned one of them was that she could go to the Women and Infants program in Rhode Island that specializes in perinatal and postpartum, right?
Susan Clancy (34:11):
Yes.
Kevin Reddington (34:12):
You know that she went there, right?
Susan Clancy (34:13):
Correct.
Kevin Reddington (34:14):
You know she was turned away because she was overmedicated, right?
Susan Clancy (34:17):
Yes.
Kevin Reddington (34:17):
You also know that they gave her numbers to call suicide hotlines, right?
Susan Clancy (34:21):
Yes.
Kevin Reddington (34:22):
She called twice, not once, but twice, and again, was turned away. Isn't that right?
Susan Clancy (34:27):
Yes.
Kevin Reddington (34:28):
Thank you, ma'am.
William Sullivan (34:28):
Come on.
Shanan Buckingham (34:41):
[inaudible 00:34:33]. But you're aware she was turned away because she told you she was turned away, right?
Susan Clancy (34:47):
I don't remember the details of that visit or that day.
Shanan Buckingham (34:51):
You didn't review the records, did you?
Susan Clancy (34:53):
No.
Shanan Buckingham (34:54):
So you're not aware that they actually deferred to Pat and Lindsay reporting overmedication?
Susan Clancy (35:02):
I remember something being said that she wasn't a candidate for that program. That's what I recall being told by Patrick and Lindsay.
Shanan Buckingham (35:11):
Okay. And that's because everything she described was reported connected to medication and occurred well after what's considered the postpartum period, right?
Susan Clancy (35:23):
I don't know.
Shanan Buckingham (35:24):
Well, you're a labor and delivery nurse. You know the postpartum period could be up to a year, right?
Susan Clancy (35:28):
I've heard it could be longer.
Shanan Buckingham (35:30):
But generally it's within the first 12 weeks that you start to see some symptoms?
Susan Clancy (35:36):
I don't know.
Shanan Buckingham (35:38):
But you're aware that she was sent from women and infants with actually several options where it included inpatient treatment for medication management, a partial hospitalization program focused on general mental health or continued outpatient management. That's what she was sent away with.
Susan Clancy (35:56):
Okay.
Shanan Buckingham (36:02):
Nothing further.
Kevin Reddington (36:04):
May I? One more?
William Sullivan (36:06):
Go ahead. One.
Kevin Reddington (36:06):
So outpatient management, that would include somebody like Gelada, right?
Susan Clancy (36:10):
Yes.
Kevin Reddington (36:12):
Do you know that women and infants called Gelada and she never called them back?
Susan Clancy (36:16):
I didn't know that.
William Sullivan (36:19):
Commonwealth, anything on that?
Jennifer Sprague (36:20):
No.
William Sullivan (36:21):
All right. Thank you, ma'am. You may step down. Thank you. All right. All right. Well, members of the jury, this is one of those stops that I told you about we're going to have kind of throughout today. So I'm going to ask you to go back to the jury room, hopefully just for a short amount of time. Then we'll bring you right back in and we'll continue with the evidence. Okay?
Speaker 1 (36:57):
All rise, please. [inaudible 00:37:01].
Speaker 2 (37:37):
Jurors have exited the courtroom. This court's in session. Please be seated.
William Sullivan (37:45):
All right. Counsel, I know that the next witness is scheduled to be Dr. Laposata.
Kevin Reddington (37:53):
Yes.
William Sullivan (37:55):
And she will be testifying by Zoom.
Kevin Reddington (38:01):
That's correct.
William Sullivan (38:03):
And I think that at some point after we talk a little bit, we're going to have to take a short break just to make sure that logistically everything's all set up with the doctor and the system here. And I appreciate everybody's help technically in setting that up. And I know that the defendant has provided, I don't know, maybe five or six exhibits that counsel wanted to introduce through Dr. Laposata. And so I guess Commonwealth, have you had an opportunity to take a look at these?
Jennifer Sprague (38:48):
Yes. And we are objecting to these items. Yes.
William Sullivan (38:53):
All right. And so why don't we discuss those here in open court and go through it. And so I've had the opportunity to saw these this morning as well. And so Commonwealth, why don't I hear the objections and then I'll hear from the defendant.
Jennifer Sprague (39:17):
The main objection is that the drawing is inaccurate. The window well is in the wrong place. And where they have her falling and landing in slide four would be where the window well is actually placed in the photograph. I can pass up the photograph to the court. This is in evidence, I believe, maybe a couple times. But talks are discretionary, but what they should not do is mislead a jury and present information that's not accurate. And so the drawing itself is inaccurate. And so we're objecting to these slides.
William Sullivan (40:04):
Is that the Commonwealth's objection is that the window well is in the wrong place on the drawing?
Speaker 1 (40:13):
Putting aside the late disclosure and the fact that I don't know if anyone who created this is going to come in and testify that they created it and whether it's to scale or not. But the main objection is that it's inaccurate.
William Sullivan (40:29):
All right. Mr. Reddington.
Kevin Reddington (40:30):
Thank you. Your Honor, obviously the window well, you've got... This thing is ridiculous. The diagram we're talking about, the window well. You already have a copy of it, right?
William Sullivan (40:53):
I do, yeah.
Kevin Reddington (40:55):
The window well is depicted on the diagram, I suggest, accurately. And in fact, measurements were taken by the gentleman who did the computer animation in conjunction with information by way of medical provided by Dr. Laposata. And it shows clearly that, as Your Honor can see, that we're talking about the X-rays that are included. There are exhibits that she attaches that shows the way that she falls, how she hits her head. The Commonwealth has been suggesting that, I guess, that they're confused as to how she would have ended up the way she did. This shows the way that she landed on her head, gets to Jefferson fracture, falls back, legs are facing out from the house. She's laying in the snow. They're all depicted there. If there's an issue with the window well that's off according to the government, they could raise that on cross. They could say, "Well, the window well was really six inches to the left instead of to the right that never struck her anyway. It's totally irrelevant."
(42:05)
I think that they are useful for a jury to be able to review. I did have copies made for the jurors and the court as well as the DAs. And Dr. Laposata has it. And then I could go through, but you can see that we've taken the diagram, the window where the body lands, and then to the right of it would be the actual X-ray. Dr. Laposata can compare the injuries, talk about the Jefferson fracture. There's a photograph that shows the blood in the snow, shows the area in the photograph actually shows the window well. And I suggest the window well on page six is exactly the way we have it depicted. So I don't know what the objection is. I would ask that the court would allow this to be in.
William Sullivan (42:56):
All right. I guess it appears to be slides four, five, and six certainly go towards the doctor's opinion as we said, the mechanism of the injury that shows the head striking of the ground. And then on the other part of the slide has the X-rays and there's also a slide regarding the Jefferson fracture diagram. And then five is a diagram showing how the thoracic spine injury could have occurred. And there's a diagram regarding the thoracic spine, specifically T6. And then slide six shows the... And I think there has been testimony as that is where the defendant was found. And also then there's a thoracic spine. I think it's either an X-ray or some type of scan, as well as some of the additional medical devices that were found in that area. I'm not quite sure about one, two, and three.
Kevin Reddington (44:31):
That's fine. I can remove one. I can remove two. And we'll just focus if you want on three through six.
William Sullivan (44:39):
I think that goes more towards the doctor's background and kind of what had been offered in regards to her opinion.
Jennifer Sprague (44:48):
Your Honor, I think you said you were unsure of one, two and three.
William Sullivan (44:51):
Yeah.
Jennifer Sprague (44:52):
And defense said he could go with three, four, five and six. So three was an issue, was it not?
Kevin Reddington (44:58):
What's wrong with three?
William Sullivan (45:00):
Well, again, I think four kind of would cover what's... Let's deal with that. All right. So I would allow in slide four, slide five, and slide six.
Kevin Reddington (45:20):
Okay. Thank you.
William Sullivan (45:20):
Okay.
Jennifer Sprague (45:20):
[inaudible 00:45:21] objection.
William Sullivan (45:23):
Yeah, objection noted. And then what we'll do is take a short break at this point set up the Zoom call. Also, I know we're going to have to probably make certain changes to the jury book that was going to be presented. So the only slides that will be in that book will be, like I said, just so we know-
Kevin Reddington (45:48):
Four, five and six.
William Sullivan (45:49):
Yeah, just so we know which ones you're talking about.
Kevin Reddington (45:50):
Okay.
Jennifer Sprague (45:51):
There's a book.
Kevin Reddington (45:52):
Well, no, it's not a book. It's just [inaudible 00:45:56] stapled together all of the exhibits.
William Sullivan (46:00):
All right. So just so we know what we're talking about, right? Four?
Jennifer Sprague (46:01):
Yes.
William Sullivan (46:02):
And five is the thoracic spine.
Kevin Reddington (46:07):
Yes. And like I say, I've got enough for the jurors plus you and the DAs.
William Sullivan (46:13):
Okay. And then six. I just kind of want to make sure that we're all talking the same.
Kevin Reddington (46:16):
Four, five and six.
William Sullivan (46:16):
Okay.
Kevin Reddington (46:16):
Perfect. Thank you.
William Sullivan (46:18):
All right. So why don't we do that? We'll take a short break so that those changes can be made and we can set up for the Zoom and then we'll come back out and we'll proceed with Dr. Laposata.
Kevin Reddington (46:31):
Thank you.
William Sullivan (46:31):
Okay. All right. Thank you.
Speaker 1 (46:32):
Court, all rise.
Speaker 3 (46:32):
[inaudible 00:46:36].
Speaker 4 (46:32):
[inaudible 00:46:36].
Speaker 5 (46:36):
The DUI just [inaudible 00:46:44].
Speaker 1 (46:47):
This court is back in session. You may be seated.
Speaker 6 (46:48):
Your Honor, for the [inaudible 00:46:51] right of the matter, Commonwealth [inaudible 00:46:53] believes that [inaudible 00:46:54].
William Sullivan (46:58):
All right. Are we ready for the jury?
Kevin Reddington (46:59):
Yes. We have some kind of background noise. I don't know if there's anything that can be done with it.
William Sullivan (47:06):
I know. I'm not sure. I'm probably the wrong person to ask in regards to that.
Kevin Reddington (47:11):
I'm right behind you. [inaudible 00:47:16].
Speaker 7 (47:27):
Let's see what [inaudible 00:47:28].
Kevin Reddington (47:27):
[inaudible 00:47:28].
Speaker 8 (47:27):
[inaudible 00:47:28] your top guy.
Speaker 9 (47:27):
Hello?
Kevin Reddington (47:27):
Wait a minute. Hold on.
Speaker 9 (47:28):
Have a nice day. Is anyone there?
Kevin Reddington (47:35):
Hold on, Doc.
William Sullivan (47:39):
I'm not sure this is going to work at this point. So why don't we see if we could get somebody to address this?
Kevin Reddington (47:49):
We can see you [inaudible 00:47:55].
William Sullivan (47:55):
We'll get it done. But-
Speaker 10 (47:55):
[inaudible 00:47:55].
William Sullivan (47:55):
.... we call someone at FTI or somebody.
Speaker 9 (47:55):
Into the site.
William Sullivan (47:58):
So why don't we take a further break? We'll figure this out.
Kevin Reddington (48:00):
I'll ask the crowd.
William Sullivan (48:01):
Yeah. All right. All right. Thanks.
Speaker 1 (48:12):
Court, all rise.
Speaker 9 (48:12):
[inaudible 00:48:13].
Speaker 11 (48:12):
[inaudible 00:48:13].
Speaker 12 (48:12):
[inaudible 00:48:13] to do...
Speaker 1 (48:12):
This court is back in session. Please be seated.
Speaker 6 (48:14):
Your Honor, the purpose of the [inaudible 00:48:16] Commonwealth [inaudible 00:48:18] call [inaudible 00:48:20].
William Sullivan (48:21):
All right. So I think probably it makes more sense to address whatever the technological issues were on the Zoom. Maybe that could be done during the lunch period, and then we can go forward. I know the defense next witness would be, is it Dr. Condie?
Kevin Reddington (48:41):
Yes. Donald Condie, G-O-N-D-I-E.
William Sullivan (48:44):
And I know that we had talked about a possible voir dire in regards to Dr. Condie. Do the parties see the need for the doctor testify that or maybe we could just hear the offer of proof or what the expectations of the testimony is and then we can-
Kevin Reddington (49:10):
I don't know what the objection is.
William Sullivan (49:11):
Yeah.
Shanan Buckingham (49:12):
So the objection is that we were provided with an affidavit. The original affidavit that was provided, counsel agreed that it referred to standard of care, which is not the issue in this case. Really reflects his opinions in a civil case. So we were provided another affidavit which appears to factually have the same numbered paragraphs and just deletes the ultimate opinion section and adds that Dr. Tufts and Nurse Gelada were aware that Lindsay was experiencing symptoms of suicidal ideation and a critically deteriorating condition while under their care and failed to take reasonable steps. So it's unclear from his affidavit what exactly he's going to testify to. Is he going to just reiterate everything that has been presented in the records, everything that we would expect defense counsel to offer through expert testimony in the criminal responsibility error about the medication regimens that the defendant was on over the course of several months? Because if that's the case, then I would suggest that this is cumulative testimony and that it doesn't need to be presented in this manner to the jury.
William Sullivan (50:17):
But let me ask this similar to the question I asked earlier to a similar objection regarding cumulative. The defense hasn't put it, this is their first witness in regards to that. Wouldn't the cumulative analysis be done if there's a follow-up expert that would be addressing these areas?
Shanan Buckingham (50:45):
Potentially but that then becomes the defense's strategic choice about whether if they're going to call Dr. Condie for this piece of it and the other experts for another piece of it. It's unclear, especially where the reports we've been provided by Dr. Spinelli and Dr. Zeisel talk about polypharmacology as part of the basis of their opinions in this case. So it's difficult to assess that and we're obviously flagging in and objecting at this point based on what we know the anticipated evidence to be. So I don't know if a proffer is necessary at this point to outline what exactly he expects Dr. Condie to say and how that differs from the opinions of the other experts.
William Sullivan (51:34):
It seems to me that the main objection may lay in regards to Dr. Spinelli then, and depends on what her testimony is and how that overlaps with whatever Dr. Condie's is at this point.
Kevin Reddington (51:53):
If I may, Judge.
William Sullivan (51:53):
Yeah.
Kevin Reddington (51:53):
And I appreciate the fact that you recognize that we have not yet put on a doc yet. I don't have to accept their evidence. I don't have to accept their doctors. Our doctors, this is our first doctor who is a very qualified psychopharmacologist. I expect to elicit from him the treatment very briefly that she received and the medications that she was on and the effect of these medications as it relates to her condition when she was seeking medical help. That's it. I'm not going to get into criminal responsibility with him. I'm not going to get into lack of criminal responsibility with him. Basically psychopharmacology and the treatment that she received. He's not going to be criticizing what Gelada did, what Tufts did. He's just going to detail her condition according to the medical records and the medications that were provided.
(52:47)
I am well aware and very experienced in trying jury cases and know when you lose the jury. I'm not going to have Dr. Zeisel and Dr... I'm not going to have make Spinelli wax eloquently for hours and bore the jury to death. I'm going to get right to the chase. Dr. Spinelli is a well-qualified doctor on the issues of postpartum psychosis and postpartum depression and treating a pregnant woman and/or a postpartum perinatal client or a patient. Dr. Zeisel is a general psychologist and will be discussing a number of issues as you're well aware, because he's been involved with Lindsay for literally three years, 46 times he's seen her or something like that. So I'm going to focus their testimony on those fields. I don't think it's necessary for us to have Dr. Condie get up here on a voir dire so that they can hear what he's going to testify to. I'm not going to have him rambling or going off the script. He signed an affidavit, which is even, I think, better than a medical report that you usually get. So they have plenty to cross-examine him from.
William Sullivan (53:59):
All right. And the intention is not to ask the question regarding standard of care.
Kevin Reddington (54:04):
That's correct.
William Sullivan (54:04):
All right.
Kevin Reddington (54:05):
It's all been deleted because they objected, we moved. Yep.
William Sullivan (54:09):
All right. So over the Commonwealth's objection, I'm going to allow at this point Dr. Condie's testimony in line with the affidavit, basically in line with that affidavit, with the holding he's not to testify as to the standard of care opinion as he had the original statement.
Kevin Reddington (54:34):
Can I just tell him that to make sure?
William Sullivan (54:36):
Sure. Yeah. I think that's a great idea.
Speaker 13 (54:37):
[inaudible 00:54:40].
William Sullivan (55:09):
All right. So counsel, are we ready for the jury?
Kevin Reddington (55:12):
Yes, we are.
Jennifer Sprague (55:12):
Yes.
William Sullivan (55:12):
Okay.
Speaker 14 (55:12):
Bless you.
William Sullivan (55:24):
God bless you.
Speaker 1 (55:53):
All rise, please. Jurors entering.
Kevin Reddington (56:00):
Your Honor, could we approach while they're coming in?
William Sullivan (56:37):
Sure. Yeah. And basically the real problem was a technological issue. It was going to be a Zoom call. There's been some problems. We're going to try and work on that. So instead of going with that witness, we're going to go on to the next witness and then we'll put the technological problems for later. All right? So with that, Attorney Reddington?
Kevin Reddington (57:00):
Yes. Thank you, Judge. Dr. Condie.
Speaker 6 (57:01):
Good morning. Do you solemnly swear that the testimony and the evidence you shall [inaudible 00:57:31] swear to God?
Dr. Donald Condie (57:31):
I do.
Speaker 6 (57:31):
Thank you, sir. You may have a seat.
Dr. Donald Condie (57:31):
[inaudible 00:57:40].
William Sullivan (57:42):
All right. Good morning, Doctor.
Dr. Donald Condie (57:44):
Morning, Your Honor.
William Sullivan (57:44):
All right. Attorney Reddington.
Kevin Reddington (57:44):
Thank you, Judge. Doctor, could you keep your voice up so all the jurors and counsel can hear you and tell us your name and spell your last name?
Dr. Donald Condie (57:58):
My name is Donald Condie, C-O-N-D-I-E.
Kevin Reddington (58:03):
And tell us, what do you do for work, sir?
Dr. Donald Condie (58:06):
I'm a child, adolescent, and adult clinical and forensic psychiatrist.
Kevin Reddington (58:12):
And can you tell us your background as to where you went to school and when you got your medical degree and things of that nature?
Dr. Donald Condie (58:21):
I graduated from Tulane University, then spent some time in graduate school at the University of New Orleans, and went to medical school at Louisiana State University in New Orleans. And then I came to Boston to the Massachusetts Mental Health Center to train in psychiatry.
Kevin Reddington (58:44):
And where is that?
Dr. Donald Condie (58:47):
The Massachusetts Mental Health Center was at 74 Fenwood Road. That building has been demolished and now they're at 75 Fenwood Road in Boston.
Kevin Reddington (58:57):
I was referring to more like, is that affiliated with any particular medical schools?
Dr. Donald Condie (59:04):
Yes.
Kevin Reddington (59:04):
What is it?
Dr. Donald Condie (59:05):
Harvard.
Kevin Reddington (59:06):
And what years were you working at the Mass Mental Health Center affiliated with Harvard?
Dr. Donald Condie (59:13):
I started there after medical school. I graduated in 1982 from medical school. Was an intern in 1982 to '83. And that was a Harvard affiliated internship. And then residency was '83 to '85 for adult training, two years. Then '85 to '87, which is two years of training for child and adolescent. Then I did a forensic fellowship also at the Mass Mental Health Center. And during that year, I spent some time at Harvard Law School as a visiting fellow.
Kevin Reddington (59:55):
And do you have, or did you have any board certifications that you can tell us about?
Dr. Donald Condie (01:00:00):
I'm board certified in adult and child and adolescent psychiatry.
Kevin Reddington (01:00:06):
Do you have a particular focus also on medications that are utilized in the course of psychiatry?
Dr. Donald Condie (01:00:14):
Yes. I've spent a great deal of my career treating people in the state system with psychotic disorders and mood disorders.
Kevin Reddington (01:00:26):
Tell us a little bit about that. Was there one particular period of time that you worked with literally more than a hundred people that had serious psychotic disorders?
Dr. Donald Condie (01:00:37):
Well, the Massachusetts Mental Health Center was a state inpatient facility. So we had many people with either no insurance or MassHealth insurance. Probably at least half of the patients at any given time would have had psychosis or a major depressive disorder.
Kevin Reddington (01:01:01):
Have you, in the course of your career, following through on psychosis or major depressive disorder, had any focus or treatment on women that are either pregnant or have had little babies and they are looking for help in the postpartum period?
Dr. Donald Condie (01:01:20):
Yes.
Kevin Reddington (01:01:21):
Tell us about that.
Dr. Donald Condie (01:01:24):
Well, starting in my residency, so in 1983, we had several patients at the Massachusetts Mental Health Center who were pregnant and were also sometimes afflicted with psychosis. We also had people who had delivered a child but were then hospitalized sometimes with a psychotic depression or sometimes with simply suicidal ideation. And I've encountered that very few frequently since then. I was for 14 years the chief medical officer of Vinfen, which is a very large agency with contracts from the Department of Mental Health and the Department of Mental Retardation in Massachusetts and in Connecticut. We ran about 350 group homes, about 10 people per home, so maybe 3,500 patients. We frequently had people who were pregnant and were taking medications for psychosis. Sometimes after delivery, the severity of their psychosis would increase, so I'm fairly familiar with that phenomenon.
Kevin Reddington (01:02:53):
Doctor, how many years have you actually been practicing now as a physician?
Dr. Donald Condie (01:02:59):
I've been a licensed physician in Massachusetts since 1983.
Kevin Reddington (01:03:04):
So what's that? '83, '90, 2000, 2026. Okay. About 40 years.
Dr. Donald Condie (01:03:11):
A little more than 40 years.
Kevin Reddington (01:03:12):
Okay. From 1990 through 2012, were you affiliated with forensic child psychiatry with Mass General Hospital?
Dr. Donald Condie (01:03:21):
Yes.
Kevin Reddington (01:03:22):
And were you also affiliated through 2013 with Mass General on forensic case consults in this field?
Dr. Donald Condie (01:03:31):
Yes.
Kevin Reddington (01:03:32):
All right. I'm asking, have you had occasion to make a number of presentations? We have to go through them, but did you make a number of presentations working as a lecturer for the various medical schools, law schools, things like that?
Dr. Donald Condie (01:03:49):
Yes. Well, during the time that I was at Mass Health Center, I was a fellow at Harvard Medical School.
Kevin Reddington (01:04:01):
What does that mean to be a fellow?
Dr. Donald Condie (01:04:03):
It means-
Dr. Donald Condie (01:04:00):
... at Harvard Medical School.
Kevin Reddington (01:04:01):
What does that mean, to be a fellow?
Dr. Donald Condie (01:04:03):
It means you're a resident in a training program and you're teaching Harvard medical students things about the specialty in which you happen to be practicing.
Kevin Reddington (01:04:14):
And what was the specialty that you were a fellow lecturing Harvard medical students about?
Dr. Donald Condie (01:04:20):
First it was general psychiatry, then it was child and adolescent psychiatry, and then it was forensic psychiatry.
Kevin Reddington (01:04:28):
You also have had various scientific and medical publications that you have been authored on a number of occasions, articles. Is that correct?
Dr. Donald Condie (01:04:42):
Yes.
Kevin Reddington (01:04:42):
All right. Your Honor, I'd offer his CV if I could, just as an exhibit, if that's accepted.
Speaker 15 (01:04:49):
Commonwealth.
Speaker 16 (01:04:53):
No objection.
Speaker 15 (01:04:53):
Okay. That may be admitted.
Kevin Reddington (01:04:54):
Thank you.
Speaker 17 (01:04:55):
[inaudible 01:04:59].
Kevin Reddington (01:05:00):
Now, Doctor, if you can tell me, do you know, not necessarily personally, but do you know of Lindsay Clancy?
Dr. Donald Condie (01:05:13):
I know about the case in general, but I don't know anyone personally.
Kevin Reddington (01:05:19):
Now you have never met her, is that correct?
Dr. Donald Condie (01:05:21):
That's correct.
Kevin Reddington (01:05:22):
You've never talked to her, right?
Dr. Donald Condie (01:05:24):
Never have.
Kevin Reddington (01:05:25):
You've never evaluated her for what's called criminal responsibility, is that correct?
Dr. Donald Condie (01:05:29):
That's correct. I have not.
Kevin Reddington (01:05:31):
I consulted with you for purposes of psychopharmacology and issues like that in this case. Is that right?
Dr. Donald Condie (01:05:37):
Yes.
Kevin Reddington (01:05:38):
Fair to say that we've had a number of conversations in the evening, off hours about various medications administered to women that are pregnant or postpartum. Is that right?
Dr. Donald Condie (01:05:49):
Yes.
Kevin Reddington (01:05:50):
Excuse me. Can you tell the jury, in a summary, what documentation, medical records, police reports, things of that nature on this case that you've had a chance to review?
Dr. Donald Condie (01:06:05):
Well, I've reviewed the records of Rebecca Jollotta, the nurse practitioner, Dr. Jennifer Tufts, the psychiatrist that saw Ms. Clancy. I've reviewed the Brigham and Women's Hospital records and the Women & Infants records. I've reviewed the McLean records. And I might be leaving something out.
Kevin Reddington (01:06:38):
You know about her background as far as her employment as a labor and delivery nurse and her family, her three children and her husband that she was married, right?
Dr. Donald Condie (01:06:45):
Yes, I'm familiar with that.
Kevin Reddington (01:06:47):
Okay. So if I could, Doctor, direct your attention to let's say the fall of 2022, end of September. Can you tell us what Lindsay's status was as far as maternity leave with work and any complaints that she had at that time regarding her mental state?
Dr. Donald Condie (01:07:10):
From my... Excuse me. Could I get some water?
Speaker 15 (01:07:18):
Get some on the way.
Dr. Donald Condie (01:07:19):
Thank you.
Kevin Reddington (01:07:20):
Thank you.
Dr. Donald Condie (01:07:20):
Appreciate it. Sorry, my allergies are kicking up. So from my review of the records, which would start with Dr. Tufts' records, my understanding is that Ms. Clancy was planning to go back to work as a labor and delivery nurse at Mass General. She worked, I believe, the 12 midnight to 12:00 AM shift. And she began to experience, as she had to some extent after her first two deliveries, some postpartum anxiety and consulted Dr. Tufts at that time.
Kevin Reddington (01:08:20):
Now, after she had her third child, Callan, was she in... Strike that. It's fair to say she was in treatment with Dr. Tufts as a treating physician?
Dr. Donald Condie (01:08:33):
Yes.
Kevin Reddington (01:08:34):
Okay. And looking at your affidavit, I believe in paragraph nine, did you determine, from looking at the medical records as to the timeframe, that Lindsay treated with Dr. Tufts?
Dr. Donald Condie (01:08:46):
Yes.
Kevin Reddington (01:08:47):
And what was that?
Dr. Donald Condie (01:08:48):
She started in the middle of September 2022, and I'm sure that her last appointment was January 23rd, 2023.
Kevin Reddington (01:09:02):
Now, did you have a chance to review Dr. Tufts' medical records?
Dr. Donald Condie (01:09:08):
Yes, I did.
Kevin Reddington (01:09:09):
Can you describe them for us, please?
Dr. Donald Condie (01:09:14):
They are somewhat sparse and there are many check boxes in the records, but not a great deal of sentences that describe what was done during sessions.
Kevin Reddington (01:09:35):
Were you aware that the sessions that Dr. Tufts conducted with Lindsay from September, the end of September, up through January 23rd, were all televised on a computer?
Dr. Donald Condie (01:09:50):
Yes, they were all video.
Kevin Reddington (01:09:54):
Do you recall the medications that Dr. Tufts prescribed Lindsay?
Dr. Donald Condie (01:10:00):
I believe the first medication she started was Zoloft, 25 milligrams.
Kevin Reddington (01:10:06):
And what is that? Tell us what Zoloft is.
Dr. Donald Condie (01:10:10):
Zoloft-
Kevin Reddington (01:10:10):
What effect does it have on a person?
Dr. Donald Condie (01:10:12):
I'm sorry?
Kevin Reddington (01:10:13):
What effect does that have on a person?
Dr. Donald Condie (01:10:15):
Well, Zoloft is a selective serotonin reuptake inhibitor, which is a type of antidepressant that started being used around 1988, I believe. Prozac was the first one, Zoloft was the second. When it works to be helpful, it combats both anxiety and depressive symptoms that people might have. It also has, in some people, an effect of causing a feeling of jitteriness and increasing anxiety. So it's something that does have some potential side effects as well as beneficial effects.
Kevin Reddington (01:11:06):
And when she was prescribed the original 25 milligrams of Zoloft, did she in fact take that or did she defer on taking that?
Dr. Donald Condie (01:11:15):
My recollection of the records is that she had it prescribed, picked it up, but did not take it for at least a couple of weeks because she did not wish to take medication. She was, I believe, still breastfeeding at that time. There are medications, and Zoloft would be one, that would likely appear to some extent in the breast milk.
Kevin Reddington (01:11:40):
Okay. So because she was worried about that, she held off on that, but ultimately did take the prescription from Dr. Tufts, is that right?
Dr. Donald Condie (01:11:49):
The records indicate that she did eventually start taking the 25 milligrams.
Kevin Reddington (01:11:54):
Sorry. Does it indicate when she started taking them after that little hiatus?
Dr. Donald Condie (01:12:01):
To be exact, I'd have to look at the records, but I believe it was at the end of September.
Kevin Reddington (01:12:06):
And was that dosage increased at some point?
Dr. Donald Condie (01:12:10):
It increased from 25 milligrams to 50 milligrams.
Kevin Reddington (01:12:13):
And what happened when Lindsay took the 50 milligrams of Zoloft prescribed by Dr. Tufts?
Dr. Donald Condie (01:12:18):
The records indicate that she had a rather rapid series of difficulties. That she had insomnia for, I believe the records say 48 hours, couldn't sleep. It's something that would be called activation that these medications can cause in some people who are more susceptible.
Kevin Reddington (01:12:44):
By mid-October, after she began taking the Zoloft, would you agree that the records indicate, a week after starting the medication and increasing the dose, she reported in October to Dr. Tufts what you're relating is that she felt... How did she describe it to Dr. Tufts? I don't want to put words in your mouth.
Dr. Donald Condie (01:13:03):
Well, she felt that she was... She talked about being numb. She talked about not being herself. She talked about feeling worse, not better. Antidepressants usually take at least two to three, and frequently four to six weeks, to have useful effects, but sometimes side effects can happen very quickly.
Kevin Reddington (01:13:33):
Did she also indicate, looking at your affidavit, that she was crying all day, she was experiencing mental fog, terrified to stat something new, anxiety had gotten much worse? Did she tell that to Dr. Tufts at that time in the end of October?
Dr. Donald Condie (01:13:49):
Yes, I do recall those things being in the record.
Kevin Reddington (01:13:52):
All right. And following through again on your affidavit, was there further explanation from Lindsay's recitation of symptomology to Dr. Tufts? Did she further state about racing thoughts, paranoia? What did she say? Looking at your report, look at your affidavit if that helps you refresh your memory.
Dr. Donald Condie (01:14:15):
I actually don't have the affidavit with me at the moment. I do have some of the records, but-
Kevin Reddington (01:14:22):
Well, let me just approach you then and hand you your affidavit, paragraph 13 and see if that refreshes your memory.
Dr. Donald Condie (01:14:30):
Thank you. Yes.
Kevin Reddington (01:14:41):
What did she say to Dr. Tufts?
Dr. Donald Condie (01:14:47):
Dr. Tufts reported that Lindsay's psychiatric condition was generally deteriorating. That's a checkbox on one of the forms that her records-
Kevin Reddington (01:14:59):
What did Lindsay say her symptoms were at that point?
Dr. Donald Condie (01:15:06):
That she was having the racing thoughts and that she was also feeling, as I said, not like herself. That her depression was worse than it had been. I believe that's also around the time that Dr. Tufts thought of trying a medication called Zulresso.
Kevin Reddington (01:15:32):
Zulresso.
Dr. Donald Condie (01:15:33):
Yes.
Kevin Reddington (01:15:33):
And what is that? You need that by way of injection?
Dr. Donald Condie (01:15:38):
Yes. Zulresso is no longer marketed. It wasn't a particularly successful medication. It requires a 60 hour continuous IV infusion.
Kevin Reddington (01:15:58):
In a hospital setting or in a medical setting?
Dr. Donald Condie (01:16:01):
You have to be medically monitored. It doesn't necessarily need to be a hospital, but those are not necessarily things that can be done outside of a hospital.
Kevin Reddington (01:16:09):
So she didn't do the Zulresso though, right?
Dr. Donald Condie (01:16:11):
She did not.
Kevin Reddington (01:16:12):
Okay.
Dr. Donald Condie (01:16:12):
It also costs $34,000 just for the medication, not for the monitoring.
Kevin Reddington (01:16:18):
Okay. What's the next thing that happened with Dr. Tufts and Lindsay Clancy, sir?
Dr. Donald Condie (01:16:27):
Well, if I look at my affidavit, when she stopped taking the medication, the Zoloft, she now felt better as she had felt before she took the Zoloft, but she was less anxious.
Kevin Reddington (01:16:50):
What was the next medication?
Dr. Donald Condie (01:16:54):
She was put on Benadryl and had some difficulty sleeping, but also was worried that night because her son was coughing and she worried a great deal about the children's health.
Kevin Reddington (01:17:15):
And that would be something that would also intrude on her sleep, worrying about her children?
Dr. Donald Condie (01:17:21):
Yes.
Kevin Reddington (01:17:22):
Okay. What other symptomology traveling through November into December did she relate to Dr. Tufts, according to your review of the medical records?
Dr. Donald Condie (01:17:32):
Well, she talked about things like dizziness, feeling sedated in the morning when she woke up, if she got any sleep at all. And I think she used the term brain fog at times. These are sometimes symptoms that people who are experiencing postpartum depression frequently complain about. She continued to complain about anxiety.
Kevin Reddington (01:18:02):
Well, it's not what they're complaining about. It's what they're living, right?
Dr. Donald Condie (01:18:06):
It is a very unpleasant experience. Yes.
Kevin Reddington (01:18:09):
And continuing on through November, at some point, did she leave or stop with Tufts and go to another healthcare provider by way of either emergency room initially and then another healthcare provider?
Dr. Donald Condie (01:18:23):
Yes.
Kevin Reddington (01:18:24):
Who was that?
Dr. Donald Condie (01:18:25):
She started treatment with Rebecca Jollotta, a nurse practitioner at South Shore Perinatal Program.
Kevin Reddington (01:18:34):
Now, one of the things that was apparent, if you recall, I believe, that she also had initially been referred there by a friend of the family, is that right? To that perinatal clinic?
Dr. Donald Condie (01:18:48):
Yes. My understanding from the records is that Ms. Clancy's mother-in-law was friendly with a nurse practitioner who practiced in the perinatal program and I believe had actually started the perinatal program.
Kevin Reddington (01:19:04):
Yes. And ultimately, or in the beginning, she was treated by a Julie Paul. Is that correct?
Dr. Donald Condie (01:19:10):
Yes.
Kevin Reddington (01:19:11):
Do you remember looking at the medical records and that on November 27th of 2022, Nurse Practitioner Julie Paul reported that Lindsay stated that she was disassociated and she was not in touch with reality? Do you remember that?
Dr. Donald Condie (01:19:28):
Yes.
Kevin Reddington (01:19:29):
And is that a symptom of psychosis, to be disassociated and not in touch with reality?
Dr. Donald Condie (01:19:37):
It certainly can be. Dissociation can mean that people feel like things around them are not real.
Kevin Reddington (01:19:48):
Right. And that's a pretty serious feeling to have, right?
Dr. Donald Condie (01:19:51):
It is.
Kevin Reddington (01:19:52):
And that's pretty common, unfortunately, with women that have postpartum psychosis, right?
Dr. Donald Condie (01:19:57):
It certainly can be, yes.
Kevin Reddington (01:19:59):
And what are the other symptomologies of postpartum psychosis, sir?
Dr. Donald Condie (01:20:05):
Well, psychosis in general just means a lack of understanding of what's real as opposed to what is not. So a person with psychosis can have delusions, which are fixed false beliefs. They could believe that, for example, they have been told by God to do something. They can also have hallucinations at times.
Kevin Reddington (01:20:35):
What kind of hallucinations?
Dr. Donald Condie (01:20:38):
Most people have auditory hallucinations, not visual hallucinations.
Kevin Reddington (01:20:43):
Auditory is hearing, is that correct? Auditory is hearing, right?
Dr. Donald Condie (01:20:45):
Yes.
Kevin Reddington (01:20:45):
Okay. As opposed to what?
Dr. Donald Condie (01:20:48):
As opposed to visual hallucinations.
Kevin Reddington (01:20:50):
Visual. And in the course of reviewing the medical records, did you see that, in fact, that Lindsay had auditory, no visual hallucinations, but auditory voices?
Dr. Donald Condie (01:21:02):
At times, she reported that she had heard a voice, yes.
Kevin Reddington (01:21:07):
Okay. Do you recall that as the time went by in December, do you remember seeing in the medical records that she was relating that she was heavy, that she couldn't get out of bed, that she couldn't bathe, that she couldn't react, she couldn't love, she couldn't feel? Do you remember any of that from looking at the medical records?
Dr. Donald Condie (01:21:25):
Yes. Those are all phrases that I recall from the medical records.
Kevin Reddington (01:21:28):
They were all coming from her, right?
Dr. Donald Condie (01:21:31):
Yes.
Kevin Reddington (01:21:31):
To the doctors?
Dr. Donald Condie (01:21:33):
Yes.
Kevin Reddington (01:21:34):
That would be Dr. Tufts and then Dr. Jollotta, is that right?
Dr. Donald Condie (01:21:37):
Nurse Jollotta.
Kevin Reddington (01:21:39):
Sorry. Nurse Practitioner Jollotta. Do you recall, sir, that Nurse Practitioner Jollotta prescribed additional medications to Lindsay during that period of time from November through December?
Dr. Donald Condie (01:21:51):
Yes.
Kevin Reddington (01:21:52):
Can you tell us what they were?
Dr. Donald Condie (01:21:55):
I'd have to look to be sure, but I believe she continued the Benadryl at times. And there was some talk about the use of BuSpar, but I believe that was Dr. Tufts.
Kevin Reddington (01:22:07):
About the what? I'm sorry.
Dr. Donald Condie (01:22:09):
I said... I'm sorry?
Kevin Reddington (01:22:11):
What was the word you just used?
Dr. Donald Condie (01:22:12):
Oh, sorry. BuSpar, which is the brand name for buspirone, which is an anti-anxiety medication.
Kevin Reddington (01:22:19):
Right. How about Remeron? Was there ever a prescription for Remeron?
Dr. Donald Condie (01:22:23):
Remeron is a different kind of antidepressant, which helps people sleep a little bit and also sometimes helps their appetite. Yes. That was another-
Kevin Reddington (01:22:34):
The answer is yes, she was prescribed Remeron?
Dr. Donald Condie (01:22:36):
Yes, she was.
Kevin Reddington (01:22:36):
And that's an antidepressant?
Dr. Donald Condie (01:22:39):
It is.
Kevin Reddington (01:22:39):
Is that marking or similar to, but not exactly the same as the selective serotonin reuptake inhibitor, Zoloft, Prozac, things of that nature, right?
Dr. Donald Condie (01:22:49):
It's similar in the sense that it has an antidepressant effect. It has some effect on serotonin. It has some effect on the adrenal adrenergic system as well.
Kevin Reddington (01:23:03):
The what?
Dr. Donald Condie (01:23:05):
The adrenergic system. Adrenaline is a neurotransmitter. It's also a hormone that circulates if you are suddenly scared or something like that, you get a surge of adrenaline. So if you were in a near miss car accident, you might find yourself shaking because adrenaline will flood into your system from the adrenal glands. But it's also a neurotransmitter and mirtazapine has some effect on that.
Kevin Reddington (01:23:31):
And you said mirtazapine, is that the same as Remeron?
Dr. Donald Condie (01:23:35):
Yes. Sorry.
Kevin Reddington (01:23:36):
So it's just two different names. Generic and not generic.
Dr. Donald Condie (01:23:39):
Mirtazapine is the generic name and I was taught to use generic names, but yes, Remeron is-
Kevin Reddington (01:23:45):
Around this time, Lindsay has been prescribed the Prozac. She had been prescribed the Remeron. She had been prescribed the Benadryl. She had been prescribed other medications very similar to the SSRIs. Is that correct?
Dr. Donald Condie (01:23:59):
Yes.
Kevin Reddington (01:24:00):
All right. And does the selective serotonin reuptake inhibitor, that's fancy word, what does it mean? Isn't that serotonin in your brain? Doesn't it block or, in some fashion, affect your brain?
Dr. Donald Condie (01:24:13):
It's a little complicated to explain, but serotonin-
Kevin Reddington (01:24:16):
Tell the jury what serotonin means and what happens when you take an SSRI, please.
Dr. Donald Condie (01:24:20):
Okay. Serotonin in this sense is a neurotransmitter. The brain is a relatively complicated place. It has about 86 billion nerve cells. They've got thousands of connections to each other. But they're not like the wires in your house where you put two pieces of wire together, twist the copper, and then put a nut on that. Nerves don't touch. They go close to each other, but there's a space between them, and that's called the synaptic cleft. One nerve secretes a neurotransmitter into the synaptic cleft and it moves over to the next nerve in line where there's a receptor. Serotonin does that in the synaptic cleft. But it's also taken back up by the nerve that secreted it as a... So it's re-uptaked. So a selective serotonin reuptake inhibitor slows down the reuptake of serotonin, prolonging its activity in the synaptic cleft, which causes the next nerve in line to be activated.
(01:25:34)
I'm sorry that it's so complicated. So that's what serotonin is doing and that's what a reuptake inhibitor does.
Kevin Reddington (01:25:43):
When someone is pregnant or has just had a baby, can you tell me what effect, for example, hormones have when a person has a baby? I know we're two guys, but I mean, do you know what happens when a woman has a baby?
Dr. Donald Condie (01:25:57):
I've been at quite a few deliveries, yes.
Kevin Reddington (01:26:01):
Okay.
Dr. Donald Condie (01:26:03):
The fact is that many hormones increase. So progesterone is a hormone that many people have heard of. It's a component of birth control pills because it promotes gestation. So progesterone in a birth control pill fools the body into thinking it's pregnant, which means the woman doesn't produce eggs that could be fertilized, and that's the way the birth control pill works, or some of them do. Progesterone goes down very quickly after birth, as do many other hormones that are going up and then down after birth.
Kevin Reddington (01:26:45):
So if the hormones go up, and if there's an overload, if you will, might be the wrong word, of hormones, what effect does that have on the human body? What effect does that have on a woman who's just had a baby?
Dr. Donald Condie (01:26:55):
Well, it's quite complicated.
Kevin Reddington (01:26:57):
Just tell us basically what your feeling is. If they want to get into it, they can ask. But what effect does it have on a woman that has a baby?
Dr. Donald Condie (01:27:04):
Well, one of the other hormones that goes up is prolactin. So after the woman gives birth, prolactin promotes lactation. And it's a hormone that increases so that the mother can then breastfeed. These hormones are also seen in all mammals that feed their young through producing milk. So it's a very common mammalian thing to do. But other kinds of things can happen to-
Kevin Reddington (01:27:39):
Excuse me. Did you say males or mammals?
Dr. Donald Condie (01:27:41):
Mammals.
Kevin Reddington (01:27:42):
Okay. Because males don't breastfeed, right?
Dr. Donald Condie (01:27:44):
I'm sure they don't, yes.
Kevin Reddington (01:27:46):
Okay. So as far as the hormone, again, I would ask, when a woman has a baby and the placenta, I think I pronounced that right, through the birth, all of a sudden what happens? It stops that massive influx of hormones or it increases that influx of hormones?
Dr. Donald Condie (01:28:06):
Well, some hormones go up like prolactin and some hormones go down very quickly.
Kevin Reddington (01:28:11):
What effect does that have, in your experience and your education and your research, on women that have a baby? What effect does that have on them?
Dr. Donald Condie (01:28:20):
Well, many women experience postpartum blues.
Kevin Reddington (01:28:24):
What is postpartum blues?
Dr. Donald Condie (01:28:25):
It's a feeling of-
Kevin Reddington (01:28:26):
[inaudible 01:28:27].
Dr. Donald Condie (01:28:27):
I'm sorry?
Kevin Reddington (01:28:28):
Sounds like a '50s thing. What's postpartum blues?
Dr. Donald Condie (01:28:32):
It's a feeling of low energy and being sad. Not as serious or usually as long as postpartum depression.
Kevin Reddington (01:28:45):
What is postpartum depression? Is that the next level?
Dr. Donald Condie (01:28:48):
It's a more serious condition where the woman may feel that she can't connect to the baby, that she feels isolated, she has no energy. She may also have insomnia.
Kevin Reddington (01:29:05):
So for example, if a woman is unable to sleep, feels as though she's losing a contact or connection with her infant, is stressing about not having that contact with her infant, feels that she's unable to emote or feel love or any emotions and can't relate to people and also is out of reality, or disassociative state, are those, in your opinion, symptoms of postpartum depression and/or leading to postpartum psychosis?
Dr. Donald Condie (01:29:36):
Yes, they are.
Kevin Reddington (01:29:38):
And Lindsay had those symptoms, didn't she?
Dr. Donald Condie (01:29:40):
She reported all those symptoms, yes.
Kevin Reddington (01:29:43):
Doctor, when a doctor like Tufts is meeting with a person and checking the boxes, can that doctor give a blood test to the patient?
Dr. Donald Condie (01:29:54):
Certainly.
Kevin Reddington (01:29:55):
Is that important, in your opinion, that a doctor give a patient, especially a woman who's coming to them for help with these symptoms, give them a blood test?
Dr. Donald Condie (01:30:05):
Yes.
Kevin Reddington (01:30:06):
And again, we all know what blood tests are, but just tell me. I mean, is that a simple test? Is it a complicated test?
Dr. Donald Condie (01:30:12):
It's fairly simple to have blood drawn. And there are many tests that are relevant, particularly after a woman has given birth.
Kevin Reddington (01:30:22):
Why?
Dr. Donald Condie (01:30:24):
Well, some women become anemic. It depends on how much blood loss might have occurred during birth, but there's usually some blood loss, so checking hemoglobin levels is important. The thyroid can be affected by delivery of the baby. And some women in the postpartum period develop inflammation of the thyroid. The thyroid is a very important gland that regulates many parts of the body.
Kevin Reddington (01:30:59):
Is that why, many times when a competent psychiatrist is treating a patient that is postpartum after having a baby, that they might run, and I may be wrong saying it, but a thyroid test?
Dr. Donald Condie (01:31:12):
They would do most commonly two different kinds of thyroid tests. They would test for thyroid stimulating hormone, which goes up when the thyroid hormones that also can be tested for actually go down. So thyroid stimulating hormone is telling the body make more thyroid hormone because it's not enough in the circulation.
Kevin Reddington (01:31:33):
Did Tufts ever use a blood test at all in her treatment?
Dr. Donald Condie (01:31:39):
No, she did not.
Kevin Reddington (01:31:40):
Did Tufts ever check the thyroid levels of Lindsay Clancy at all during her treatment?
Dr. Donald Condie (01:31:46):
No, she did not.
Kevin Reddington (01:31:47):
How about Jollotta? Did they test any of those things?
Dr. Donald Condie (01:31:51):
No. Nurse Jollotta did not do blood testing either.
Kevin Reddington (01:31:56):
Now you've made reference, sir, to postpartum depression, postpartum psychosis. You're familiar with the DSM or what it's referring to as DSM?
Dr. Donald Condie (01:32:12):
5-TR.
Kevin Reddington (01:32:14):
Diagnostic Statistical Manual of Mental Disorders. 5, you said TR, that would be right there, meaning test revision?
Dr. Donald Condie (01:32:21):
Correct.
Kevin Reddington (01:32:21):
All right. And I'm approaching you with this and asking, do you see that section there?
Dr. Donald Condie (01:32:34):
Yes.
Kevin Reddington (01:32:34):
And what is that section?
Dr. Donald Condie (01:32:37):
The bipolar related disorder section.
Kevin Reddington (01:32:39):
What is bipolar disorder? What does that mean?
Dr. Donald Condie (01:32:43):
Bipolar is the newer name for what used to be called manic depressive illness. It describes an illness where people's moods go up, which is the manic phase, and then go down, which is the depressed phase. There are different categories of bipolar disorder. Bipolar I is the most serious. Bipolar II disorder also has similar fluctuations of mood. But in both cases of bipolar disorder, most people spend more time being depressed than they do being manic.
Kevin Reddington (01:33:27):
Now, just tell me, what does manic mean? What does that actually mean?
Dr. Donald Condie (01:33:31):
They feel usually euphoric that they don't have-
Kevin Reddington (01:33:36):
They're up?
Dr. Donald Condie (01:33:36):
You're really up.
Kevin Reddington (01:33:38):
Okay.
Dr. Donald Condie (01:33:39):
You're extremely optimistic. You might spend a lot of money foolishly, but you wouldn't worry about that because certainly you're going to win the lottery. You can just feel it. So there can be psychotic thoughts along with bipolar mania, unreasonable expectations. Like I said, you are destined to win the lottery, or in serious cases you can believe that God is speaking to you and has pointed you to do some special thing in life.
Kevin Reddington (01:34:14):
How about excessive cleaning and let's say divesting oneself of personal property, cleaning garages, things of that nature?
Dr. Donald Condie (01:34:26):
There was talk in the records of an episode where Ms. Clancy and her husband cleaned out the garage, but it was difficult to tell from the records whether or not that represented what we would call a hypomanic episode.
Kevin Reddington (01:34:41):
Exercise. There's a lot of references to exercise.
Dr. Donald Condie (01:34:44):
There were a lot of references to exercise, and exercise can be a very useful thing.
Kevin Reddington (01:34:53):
Sure. That's one of the things that a woman postpartum may very well be prescribed to do by a doctor or a nurse practitioner like Jollotta, right?
Dr. Donald Condie (01:35:01):
I believe that nurse practitioner Julie Paul recommended a long run at one point.
Kevin Reddington (01:35:08):
So there's nothing wrong with a woman going to, let's say, Kingsbury or whatever it is, or taking her kids to the local gym with a swimming pool and trying to get some exercise in the postpartum stage. That's something you wouldn't hold against it, right?
Dr. Donald Condie (01:35:24):
No.
Kevin Reddington (01:35:25):
Okay. Now, how about, are you aware that within a very short period of time after she had baby Callan, that she actually ran a road race?
Dr. Donald Condie (01:35:36):
Yes.
Kevin Reddington (01:35:37):
Is that indicative of a person that's kind of ramped up and doing these things you're talking about?
Dr. Donald Condie (01:35:45):
It's unusual to decide to run so soon after delivering a baby. I believe that she ran on the day that she might've delivered her last child, Callan.
Kevin Reddington (01:35:58):
That's correct. So during the month of December-
Kevin Reddington (01:36:00):
So, during the month of December, in your review of the records, would you agree that her symptoms that she has related to the doctors that were there to help her, they basically increased, did they not?
Dr. Donald Condie (01:36:16):
I'm sorry. I couldn't ...
Kevin Reddington (01:36:17):
They increased.
Dr. Donald Condie (01:36:19):
Yes.
Kevin Reddington (01:36:20):
And are you aware that then she went somewhere voluntarily in December?
Dr. Donald Condie (01:36:26):
Yes.
Kevin Reddington (01:36:26):
Where?
Dr. Donald Condie (01:36:28):
She went to the Mass General Emergency Room on ... I believe that was in December. She had gone to the South Shore Emergency Room previously.
Kevin Reddington (01:36:37):
And did you, in the record, see that in fact she had gone to Women & Infants program in Rhode Island for a day?
Dr. Donald Condie (01:36:48):
Yes.
Kevin Reddington (01:36:49):
And are you familiar with that particular establishment as that supposedly helps pregnant women?
Dr. Donald Condie (01:36:56):
Yes. I reviewed those records as well.
Kevin Reddington (01:36:58):
And do you know why she was discharged after a day?
Dr. Donald Condie (01:37:05):
The records stated that they thought that she was having complications from medications more than she was suffering from postpartum issues, and therefore, was not a good candidate for their program.
Kevin Reddington (01:37:22):
And this was after getting there at 8:00 in the morning and leaving there around 4:00 in the afternoon, right?
Dr. Donald Condie (01:37:27):
That's my understanding, yes.
Kevin Reddington (01:37:28):
And the records indicate, if you read them, that during that period of time, there were little group discussions and coloring sessions and things like that. Is that correct?
Dr. Donald Condie (01:37:37):
Yes.
Kevin Reddington (01:37:39):
You know that there are suicide hotlines that people are told to call, right?
Dr. Donald Condie (01:37:44):
Yes.
Kevin Reddington (01:37:45):
Especially if a woman is in postpartum and is experiencing these difficulties and is describing the symptomology and on all these medications that if you feel like you're going to kill yourself, you're supposed to call a telephone number, right?
Dr. Donald Condie (01:38:01):
Well, it wouldn't be the advice I would give, but that was some advice that was given, yes.
Kevin Reddington (01:38:06):
And did she call, to your knowledge, from reviewing the records, the telephone?
Dr. Donald Condie (01:38:10):
She called the Aspire hotline, I believe on two occasions.
Kevin Reddington (01:38:16):
And was she given any help by the Aspire hotline?
Dr. Donald Condie (01:38:21):
I believe the records say that she was told by Aspire that since she did not have a suicide plan, she did not require what's called a higher level of care, meaning an inpatient admission.
Kevin Reddington (01:38:36):
So, she basically had been to Nurse Jollotta. She had contacted Aspire on two occasions. She went to Rhode Island Hospital on a recommendation the day after she was recommended to go there and left after not being accepted. After calling the suicide hotlines, things got to the point where she and her husband went to an emergency room. Is that right?
Dr. Donald Condie (01:39:04):
Yes.
Kevin Reddington (01:39:05):
And did she get treatment at the emergency room?
Dr. Donald Condie (01:39:11):
I believe the first time that she went to the Mass General Emergency Room, they recommended that she consider an admission at McLean. But she and her husband decided that they did not want her to go inpatient at that time.
Kevin Reddington (01:39:28):
How about the next time she went to the emergency room?
Dr. Donald Condie (01:39:31):
The next time she went to the emergency room, which was not very long after, she was admitted to McLean.
Kevin Reddington (01:39:37):
McLean Hospital.
Dr. Donald Condie (01:39:37):
McLean Hospital.
Kevin Reddington (01:39:40):
That would be the locked wards for a period of about four days, correct?
Dr. Donald Condie (01:39:44):
Yes.
Kevin Reddington (01:39:46):
In reference to the bipolar disorder that we touched upon, sir, is that something that's a consideration when you're treating as a psychiatrist, a woman who's coming to you for help and expressing concerns about the symptoms that we've talked about?
Dr. Donald Condie (01:40:00):
Yes.
Kevin Reddington (01:40:00):
Why?
Dr. Donald Condie (01:40:03):
Well, some people with bipolar disorder, especially given the fact that depression is a prominent symptom in bipolar disorder, becomes suicidal and can even commit suicide. So, that's a very serious possibility that has to be considered.
Kevin Reddington (01:40:21):
Did any of the nurse practitioners consider that as a possible diagnosis?
Dr. Donald Condie (01:40:27):
The records indicate that Ms. Clancy was frequently asked if she had a plan to kill herself even after she reported having what was called passive suicidal ideation. But it was reported very, very frequently in the records.
Kevin Reddington (01:40:45):
And in reference to her treatment with Nurse Practitioner Jollotta, did, to your knowledge, Nurse Practitioner Jollotta consider as a secondary diagnosis or a working diagnosis the possibility of bipolar disorder?
Dr. Donald Condie (01:41:02):
Yes.
Kevin Reddington (01:41:04):
Was anything followed through on that?
Dr. Donald Condie (01:41:09):
I believe she discussed the possibility of a mood stabilizer. But I believe that she then ended up using Seroquel or quetiapine, which is ...
Kevin Reddington (01:41:24):
No. That's Seroquel and quetiapine with a Q, right?
Dr. Donald Condie (01:41:28):
I'm sorry?
Kevin Reddington (01:41:29):
Seroquel and quetiapine with a Q.
Dr. Donald Condie (01:41:32):
Quetiapine with a Q, yes.
Kevin Reddington (01:41:33):
Q is in the two words again. I just want to make sure it's clear.
Dr. Donald Condie (01:41:36):
Seroquel is the brand name. Quetiapine is the generic name.
Kevin Reddington (01:41:40):
All right. And did she, meaning Lindsay, to your knowledge in the medical records dealing with these providers, complain about the effect that Seroquel had on her?
Dr. Donald Condie (01:41:51):
Yes.
Kevin Reddington (01:41:51):
And what did she say? What were the symptoms or what did she feel?
Dr. Donald Condie (01:41:55):
Well, she often felt spacey as if she was not her normal self. She felt it's fairly commonly reported that she felt hung over in the morning because these medicines ... that particular medicine does make people somewhat sleepy. I believe the beginning doses were described as a sleeping dose, which is a very low dose of the medication that does in fact help sleep to some extent.
Kevin Reddington (01:42:31):
Was the Seroquel ultimately increased to 400 milligrams a day, 200 milligrams a day? Do you recall that?
Dr. Donald Condie (01:42:37):
Yes. It started at 25 and ...
Kevin Reddington (01:42:39):
It was bumped out pretty significantly, wasn't it?
Dr. Donald Condie (01:42:42):
Yes. 400's a lot more than 25.
Kevin Reddington (01:42:44):
And she was complaining about the effect of the Seroquel. Is that correct?
Dr. Donald Condie (01:42:48):
She was.
Kevin Reddington (01:42:48):
And she was complaining about the fact that she couldn't sleep. All those symptoms that we went through continued on through the month of December. After McLean, she went there for the New Year's period. I know. I'm almost there. She went to the McLean for treatment and still complained of these symptoms. Is that correct?
Dr. Donald Condie (01:43:11):
Yes.
Kevin Reddington (01:43:12):
Did the symptoms ever resolve themselves for Lindsay in January, if you know?
Dr. Donald Condie (01:43:19):
There were times when she appeared to be a little less distressed, but the symptoms were never completely resolved. No.
Kevin Reddington (01:43:27):
And did you know that she went to see Dr. Jennifer Tufts in January 9th and that she was prescribed diazepam?
Dr. Donald Condie (01:43:35):
Yes.
Kevin Reddington (01:43:36):
And then on the 12th, she was prescribed trazodone, 150 milligrams by Dr. Tufts.
Dr. Donald Condie (01:43:42):
Yes.
Kevin Reddington (01:43:43):
January 16th, 2 milligrams of diazepam by Dr. Tufts. January 16th, the same day, 10 milligrams of amitriptyline by Dr. Tufts.
Dr. Donald Condie (01:43:55):
Yes.
Kevin Reddington (01:43:56):
What is amitriptyline?
Dr. Donald Condie (01:43:58):
Amitriptyline is one of the older types of antidepressants. It's what's called a tricyclic antidepressant. It has more side effects, but one of the useful side effects in some cases is that it makes people sleepy.
Kevin Reddington (01:44:16):
Did it help her sleep?
Dr. Donald Condie (01:44:18):
Not really.
Kevin Reddington (01:44:20):
Now, in reference to the DSM, out of that revision, you'd agree with me that they have DSM-1, DSM-2, revised, rebooted, reconsidered, DSM-3, all the way up to DSM-5 text revision, right?
Dr. Donald Condie (01:44:40):
Correct.
Kevin Reddington (01:44:41):
And consisting of over 1,000 pages, right?
Dr. Donald Condie (01:44:46):
Yes.
Kevin Reddington (01:44:47):
Is this considered, some people say the Bible of Psychiatry, or is it like a cookbook?
Dr. Donald Condie (01:44:54):
I would call it a dictionary. It's a list of definitions.
Kevin Reddington (01:44:58):
If I looked under P in this dictionary, would it contain anything about postpartum psychosis for a woman?
Dr. Donald Condie (01:45:06):
There is one mention on page 148. That's it. That's it.
Kevin Reddington (01:45:13):
The rest of the world, they don't care about the DSM. They have some other information, right? What is that called?
Dr. Donald Condie (01:45:24):
The World Health Organization publishes something called the International Classification of Disease, which is now in its 11th edition. It lists postpartum psychosis as a separate entity. And that's the one that insurance companies use for billing purposes.
Kevin Reddington (01:45:45):
Right. Not this?
Dr. Donald Condie (01:45:46):
Correct. Are you familiar, sir, with the way other countries treat pregnant women in postpartum condition when they see ... Let me finish ... When they see a doctor for medical treatment? Yes or no?
Shanan Buckingham (01:46:03):
Objection.
Judge William Sullivan (01:46:03):
Right. Allow that question then we'll ...
Dr. Donald Condie (01:46:09):
Yes.
Kevin Reddington (01:46:10):
And how does that differ from the United States of America?
Shanan Buckingham (01:46:14):
Objection.
Judge William Sullivan (01:46:14):
Sustained.
Dr. Donald Condie (01:46:14):
Go ahead.
Judge William Sullivan (01:46:14):
All right. [inaudible 01:46:25].
Shanan Buckingham (01:46:32):
Good afternoon.
Dr. Donald Condie (01:46:32):
Afternoon.
Shanan Buckingham (01:46:37):
You spent some time when you first got to the stand going over your qualifications and I think counsel now has admitted your curriculum vitae into evidence, right?
Dr. Donald Condie (01:46:51):
I'm sorry, I didn't hear the last part.
Shanan Buckingham (01:46:53):
Your curriculum vitae.
Dr. Donald Condie (01:46:55):
Yes.
Shanan Buckingham (01:46:56):
You went through that with counsel. You recall that?
Dr. Donald Condie (01:46:59):
Yes.
Shanan Buckingham (01:47:00):
And fair to say the majority of the entries and your experience and your presentations and your teaching and fellowships, most of which revolve around child and adolescent psychiatry, correct?
Dr. Donald Condie (01:47:17):
I wouldn't say the majority.
Shanan Buckingham (01:47:19):
Well, where in your CV does it say that you worked with postpartum women?
Dr. Donald Condie (01:47:27):
It doesn't say that specifically.
Shanan Buckingham (01:47:28):
Okay. So, your testimony is that back in 1983 when you were at the ... Was it the Massachusetts, sorry, mental Health Center, you worked with the postpartum women. Is that correct?
Dr. Donald Condie (01:47:45):
There were patients who either were pregnant while they were there or delivered and were hospitalized after that, yes.
Shanan Buckingham (01:47:55):
Okay. And your involvement in this case with counsel, with defense counsel, wasn't directly that he reached out to you, was it, it was that you had provided some information as it pertains to a civil lawsuit that's pending?
Dr. Donald Condie (01:48:10):
That's correct.
Shanan Buckingham (01:48:11):
Okay. And so, this affidavit that counsel's been referring to that you drafted, you revised it for these proceedings, but fair to say you went through a series of records that didn't include anything related to this criminal case, meaning no police reports, interviews, photos from the scene. Is that fair to say?
Dr. Donald Condie (01:48:36):
No police reports, no photos from the scene.
Shanan Buckingham (01:48:39):
So, the majority of what you reviewed pertained to medical records, right?
Dr. Donald Condie (01:48:44):
Yes.
Shanan Buckingham (01:48:45):
And in fact, you cite too, in your affidavit, a New Yorker article for facts?
Dr. Donald Condie (01:48:53):
Yes.
Shanan Buckingham (01:48:53):
That's where you got most of your facts is from a New Yorker article?
Dr. Donald Condie (01:48:57):
No, I also spoke to Mr. Clancy.
Shanan Buckingham (01:49:00):
You spoke to Mr. Clancy?
Dr. Donald Condie (01:49:01):
Yes.
Shanan Buckingham (01:49:02):
Is that in your affidavit? Well, you have it before you. Can you point to a paragraph where you indicate that you got a report directly from Mr. Clancy?
Dr. Donald Condie (01:49:15):
I don't know if it's in the affidavit.
Shanan Buckingham (01:49:17):
Okay.
Dr. Donald Condie (01:49:17):
But I did interview Mr. Clancy for 90 to 100 minutes.
Shanan Buckingham (01:49:26):
Now, in relation to going through the medical treatment, you indicate that the defendant reported that she was hesitant about taking medications. Do you recall that in paragraph 11?
Dr. Donald Condie (01:49:41):
Yes.
Shanan Buckingham (01:49:42):
But you're aware that she sought out a psychiatrist, not a therapist, not a psychotherapist or a psychologist. She sought a psychiatrist as her first contact in the postpartum period, correct?
Dr. Donald Condie (01:49:54):
Correct.
Shanan Buckingham (01:49:56):
And psychiatrists presumably prescribe medications and don't necessarily offer psychotherapy, do they?
Dr. Donald Condie (01:50:04):
Well, all psychiatrists are trained to do psychotherapy to some extent at least. But yes, they can also prescribe medication.
Shanan Buckingham (01:50:15):
And through the records, you learned that the defendant did have reactions to low dose of Zoloft. And your testimony is that a blood test would have helped. Is that your testimony?
Dr. Donald Condie (01:50:31):
Yes.
Shanan Buckingham (01:50:32):
So, a blood test that's about four or five months postpartum, how is that going to help prescribers?
Dr. Donald Condie (01:50:40):
Well, the blood test I was thinking of is you could do a level of the antidepressant in her blood. And that would tell you whether it was average, expected given the dose or too high or too low.
Shanan Buckingham (01:50:56):
And that would yield results if a person's only been taking medication for less than a week?
Dr. Donald Condie (01:51:04):
Yes.
Shanan Buckingham (01:51:05):
But you indicate that over a period of four to six weeks is when you would expect to see a medication start to take effect, correct?
Dr. Donald Condie (01:51:13):
It sometimes takes that long, yes.
Shanan Buckingham (01:51:16):
Now, you also spoke a little bit about Zulresso. You're aware from reviewing the records of Jennifer Tufts that she researched Zulresso and spoke about Zulresso, but never made a recommendation to the defendant that she do that injection?
Dr. Donald Condie (01:51:35):
Yes.
Shanan Buckingham (01:51:35):
You also described that by November 21st, that the defendant was experiencing suggesting symptoms of mania, like racing thoughts. But in fact, the criteria is not just racing thoughts, it's racing thoughts, pressured speech, correct?
Dr. Donald Condie (01:51:56):
There are a number of criteria that are listed, but racing thoughts is one of them. Yes.
Shanan Buckingham (01:52:00):
Okay. And you also list or you identify in your affidavit extreme insomnia. But for mania, it's not just insomnia. It's that there's insomnia with a decreased need for sleep, correct?
Dr. Donald Condie (01:52:14):
It can be a decreased feeling that you need to sleep even if you didn't sleep for several days. But it's also true that some people feel very tired. It's not just one or the other.
Shanan Buckingham (01:52:26):
You're aware that the defendant denied a decreased need for sleep around that time period in November from the records, aren't you?
Dr. Donald Condie (01:52:34):
In that period, yes.
Shanan Buckingham (01:52:40):
Okay. You also indicated that in reviewing records pertaining to, I think you noted Jennifer Tufts, that her notes were a series of check ... Or the record was a series of check boxes, right? That was your testimony?
Dr. Donald Condie (01:52:55):
There are a few sentences, but there are mostly check boxes. Yes.
Shanan Buckingham (01:52:59):
And fair to say the way in which those notes are created, there are several areas in which notes are placed at different points in those records?
Dr. Donald Condie (01:53:09):
There are notes at certain places, yes.
Shanan Buckingham (01:53:11):
And those notes are reflective of statements that the defendant was making about her mood and how she was feeling and symptoms, correct?
Dr. Donald Condie (01:53:20):
Yes.
Shanan Buckingham (01:53:21):
Those are all important things for a treating psychiatrist to consider when they're considering a patient's overall presentation. Is that fair to say?
Dr. Donald Condie (01:53:29):
Yes. Fair to say.
Shanan Buckingham (01:53:37):
Now, you also referenced in your affidavit that the defendant had reported that she had these increased symptoms with Zoloft and didn't sleep for 48 hours after increasing the dose. Remember that in the record?
Dr. Donald Condie (01:53:53):
Yes, from 25 to 50.
Shanan Buckingham (01:53:55):
And you didn't review any police reports to identify that there were only seven pills missing from that bottle of sertraline, did you?
Dr. Donald Condie (01:54:06):
I did not review a police report, no.
Shanan Buckingham (01:54:08):
So, if a person takes seven pills over one week period at 25 milligrams, how do they increase the dose without more pills missing from the bottle?
Dr. Donald Condie (01:54:21):
Well, I believe if you took three or four pills for a few days of 25, then you still would have enough pills to take two 25s and increase the dose to 50.
Shanan Buckingham (01:54:35):
Right. But if a prescription reads that if 30 are filled and only 7 are missing from the pill bottle when it's located months later, then if you've taken 7 pills, you've taken one pill each day, correct?
Dr. Donald Condie (01:54:54):
Not necessarily. I believe that she stopped taking the medication rather quickly. And I'm not sure which pill bottle you're discussing because as you said, I didn't review a police report.
Shanan Buckingham (01:55:13):
Okay. Now, you're aware that on December 15th, that the defendant and her husband reported that she was having persistent intrusive thoughts that day, correct?
Dr. Donald Condie (01:55:26):
Yes.
Shanan Buckingham (01:55:26):
And that that's the day she first presented to Mass General Hospital?
Dr. Donald Condie (01:55:30):
Yes.
Shanan Buckingham (01:55:31):
And you're aware that Mass General Hospital is directly affiliated with McLean Hospital, right?
Dr. Donald Condie (01:55:37):
They are affiliated, yes.
Shanan Buckingham (01:55:39):
And that she was advised to go to the inpatient program and she chose not to go?
Dr. Donald Condie (01:55:46):
Yes.
Shanan Buckingham (01:55:50):
From reviewing the records, did you see how Latiesha Dukes, a social worker or a mental health worker, excuse me, from the South Shore Perinatal Behavioral Health Clinic had previously had discussions with the defendant about going to women and infants before her presentation to the Mass General ER on December 15th?
Dr. Donald Condie (01:56:11):
Yes.
Shanan Buckingham (01:56:12):
And she didn't in fact go to that program until December 20th. Is that fair to say?
Dr. Donald Condie (01:56:16):
Yes.
Shanan Buckingham (01:56:19):
Now, you also mentioned in your review of the medications, lamotrigine. You recall that?
Dr. Donald Condie (01:56:26):
Yes.
Shanan Buckingham (01:56:26):
And that was a medication that was prescribed to the defendant in December of 2022, correct?
Dr. Donald Condie (01:56:33):
Correct.
Shanan Buckingham (01:56:34):
You're aware that she never took lamotrigine?
Dr. Donald Condie (01:56:39):
I believe that's what she said, yes.
Shanan Buckingham (01:56:48):
Now, you also were asked or you spoke about Seroquel. So, you're familiar with the prescriptions or what was prescribed of the Seroquel over the period of time from November 30th through early December, correct?
Dr. Donald Condie (01:57:07):
Yes.
Shanan Buckingham (01:57:07):
You've reviewed that. And so, I think you testified on direct examination that the initial dose was a low dose, 25 milligrams.
Dr. Donald Condie (01:57:16):
Correct.
Shanan Buckingham (01:57:17):
And you're familiar that is a fairly common dosage, a low dose to prescribe to address some sleep issues?
Dr. Donald Condie (01:57:25):
It is, yes.
Shanan Buckingham (01:57:26):
And you're aware that for people who are suspected or have bipolar disorder, that the levels of prescribed are generally much higher than 25 milligrams, right?
Dr. Donald Condie (01:57:37):
Yes, they would be.
Shanan Buckingham (01:57:38):
They could range anywhere from 100 milligrams to up to ... Well, what is the range, if you know?
Dr. Donald Condie (01:57:46):
It would go up to 800 milligrams.
Shanan Buckingham (01:57:49):
And so, in this circumstance, you're aware that Rebecca Jollotta had suspicions about bipolar disorder, right?
Dr. Donald Condie (01:57:57):
She mentions it as a distinct possibility, yes.
Shanan Buckingham (01:58:00):
And without relief, she recommends titrating or going up on the Seroquel over a period of time, right?
Dr. Donald Condie (01:58:09):
Yes.
Shanan Buckingham (01:58:09):
And you settled on a number of 400, but you know from the records that that was the goal to titrate up to 400 milligrams. Do you know if the defendant ever took 400 milligrams?
Dr. Donald Condie (01:58:20):
I do not.
Shanan Buckingham (01:58:23):
And you're also aware that once the defendant started reporting having symptoms and concerns about the Seroquel, that she had requested to taper off the Seroquel, correct?
Dr. Donald Condie (01:58:37):
Yes.
Shanan Buckingham (01:58:38):
And you're aware that prior to her presentation at McLean Hospital, that Rebecca Jollotta actually did send in a prescription that would allow for her to taper down?
Dr. Donald Condie (01:58:49):
Yes.
Shanan Buckingham (01:58:58):
And when the defendant was admitted to McLean Hospital on January 1st, she was already on a taper plan, meaning she had gone back down to approximately 100 milligrams per night?
Dr. Donald Condie (01:59:11):
I believe she was, yes.
Shanan Buckingham (01:59:12):
And that at McLean, they further immediately started to reduce the dosage with each night?
Dr. Donald Condie (01:59:21):
I believe that was the plan at McLean, yes.
Shanan Buckingham (01:59:23):
So, the first night she was there, she went down to 75 milligrams, correct?
Dr. Donald Condie (01:59:28):
I believe that's correct, yes.
Shanan Buckingham (01:59:30):
And then by the time she was discharged, she was at zero?
Dr. Donald Condie (01:59:35):
Yes. And they were talking about the amitriptyline.
Shanan Buckingham (01:59:39):
Well, did she leave McLean Hospital with a prescription for amitriptyline?
Dr. Donald Condie (01:59:44):
I don't know if she left with a prescription, but it was discussed in the records that they recommended that.
Shanan Buckingham (01:59:52):
And as of January 12th of 2023, you're aware that the only active prescriptions for the defendant were for amitriptyline, right?
Dr. Donald Condie (02:00:03):
Yes.
Shanan Buckingham (02:00:04):
And Valium as needed and trazodone?
Dr. Donald Condie (02:00:11):
That sounds correct, yes.
Shanan Buckingham (02:00:20):
So, throughout the course of your review of the records and all of the different medications that she was on from October through January, she wasn't on all the medications at the same time, correct?
Dr. Donald Condie (02:00:33):
No, not at the same time.
Shanan Buckingham (02:00:34):
And it's fair to say she was only on maybe three medications at one time?
Dr. Donald Condie (02:00:40):
Three, there might've been four at one point, but yes.
Shanan Buckingham (02:00:44):
And she had expressed particular medications that she wished to return to, like Ativan at some point, correct?
Dr. Donald Condie (02:00:54):
She was quite ambivalent about Ativan and talked a great deal in the records about being worried that she was addicted to it.
Shanan Buckingham (02:01:03):
But Ativan tended to work for her, correct?
Dr. Donald Condie (02:01:05):
It made her feel less anxious. Yes.
Shanan Buckingham (02:01:08):
And she actually described that at certain points to the providers that when she felt intrusive thoughts or she had a bad experience, that she took the Ativan and the thoughts were gone. Didn't she not?
Dr. Donald Condie (02:01:25):
I'm not sure that she said the intrusive thoughts were gone, but she would feel less anxious when she took it.
Shanan Buckingham (02:01:31):
And as far as your conversations about hallucinations and auditory hallucinations, you indicated that at some point, or at points, I think was your testimony, that the defendant did hear a voice. But you're aware that she never reported to Jennifer Tufts that she heard a voice?
Dr. Donald Condie (02:01:50):
She did not.
Shanan Buckingham (02:01:53):
She never reported to Rebecca Jollotta that she heard a voice, did she?
Dr. Donald Condie (02:01:56):
She did not.
Shanan Buckingham (02:01:57):
She never reported to Latiesha Dukes that she heard a voice?
Dr. Donald Condie (02:02:00):
She did not.
Shanan Buckingham (02:02:01):
And the only time she's ever said that she heard this voice was on January 24th of 2023. Is that fair to say?
Dr. Donald Condie (02:02:08):
Correct.
Shanan Buckingham (02:02:12):
Thank you. Nothing further.
Judge William Sullivan (02:02:12):
[inaudible 02:02:14].
Kevin Reddington (02:02:16):
So, when the district attorney asks you whether or not Lindsay, after all the symptoms that we've already gone through, told Rebecca Jollotta that she heard a voice, told Dr. Tufts that she heard a voice and denied that she heard a voice, would you agree that there are reasons that a woman would not tell the doctor or minimize their symptoms out of fear?
Dr. Donald Condie (02:02:38):
Yes.
Kevin Reddington (02:02:38):
What kind of fear? Fear of what?
Dr. Donald Condie (02:02:40):
Well, in the records it stated that Ms. Clancy reported she was worried that her children would be taken away from her, perhaps by the Department of Children and Families, if she reported very severe symptoms. The other thing is, as a healthcare professional, boards of registration sometimes take a dim view of people who have been in treatment for certain psychiatric illnesses. And so, she might have been concerned about her nursing license, but that's speculation.
Kevin Reddington (02:03:17):
So, there are other reasons why a person may be concerned about telling healthcare providers, mandated reporters that they're hearing voices, correct?
Dr. Donald Condie (02:03:30):
Yes.
Kevin Reddington (02:03:30):
Would you agree with me that you don't have to see the proverbial unicorn in the corner to your health provider to be suffering from psychosis?
Dr. Donald Condie (02:03:41):
Yes, that's true.
Kevin Reddington (02:03:43):
And can you tell us, counsel was asking about the symptomology psychosis, is that something that just grinds on for day, after week, after month, or is that something that comes on out of nowhere? Very quickly.
Dr. Donald Condie (02:03:56):
Objection.
Judge William Sullivan (02:03:56):
Overruled.
Dr. Donald Condie (02:03:59):
It can be quite episodic.
Kevin Reddington (02:04:01):
What does that mean?
Dr. Donald Condie (02:04:02):
It means that an episode can start and stop. And then an interval of time goes by, it could be days, weeks, or months, and then another episode occurs.
Kevin Reddington (02:04:12):
Counsel asked you about bipolar disorder, the suspicions of bipolar disorder from Dr. Jollotta, and then talked about the prescriptions that were prescribed. Is it, in your opinion, appropriate to prescribe a selective serotonin reuptake inhibitor to a person that is bipolar?
Shanan Buckingham (02:04:32):
Objection. Beyond the scope ...
Judge William Sullivan (02:04:33):
Overruled.
Dr. Donald Condie (02:04:35):
It would be considered something to be done cautiously and usually with a mood stabilizer begun at the same time to prevent the possibility of making manic symptoms worse.
Kevin Reddington (02:04:51):
Thank you, sir.
Shanan Buckingham (02:04:54):
So, just briefly, you didn't interview the defendant, did you?
Dr. Donald Condie (02:04:59):
I did not.
Shanan Buckingham (02:05:00):
You don't know what she was concerned about? You're speculating.
Dr. Donald Condie (02:05:04):
Yes.
Shanan Buckingham (02:05:05):
And for a person who's begging for help, wouldn't it be important to be honest with their providers about what you're feeling, seeing, and hearing?
Dr. Donald Condie (02:05:14):
It should be, but that's not always what doctors find.
Shanan Buckingham (02:05:19):
Nothing further.
Judge William Sullivan (02:05:20):
All right. Anything further?
Kevin Reddington (02:05:21):
No. Thank you, Judge.
Judge William Sullivan (02:05:22):
All Right. Thank you, Doctor. You may sit down. Thank you. Can I see you sidebar again scheduling? All right. So, members of the jury, what we're going to do is we're going to break at this point till 2:00. And much of the next longer break will be trying to resolve the technology issue that we had. And so, if it's resolved, we may call one witness. If it's not, we'll call another witness. So, we're going to try and get that all done during the break. So, with my skills and technology, that's why we probably need a little bit longer than just the hour or so. So, in recess till 2:00, we'll come back in for the next witness. Thank you.
Speaker 18 (02:07:32):
All rise. Please, juries exiting.
Speaker 19 (02:08:07):
Jurors have exited the courtroom.
William Sullivan (02:08:09):
All right. So, counsel, anything we need to discuss before the break? All right. So, we'll be in recess till 2:00 and we have one of two different witnesses depending on how things work out over the break.
Kevin Reddington (02:08:22):
Yep, we can go all day. No problem.
William Sullivan (02:08:43):
All right. Thank you.
Kevin Reddington (02:08:43):
Thank you.
Speaker 19 (02:08:43):
This court is back in session. You may be seated.
Madam Clerk (02:08:43):
Your Honor, [inaudible 02:08:44] Commonwealth versus Lindsay Clancy. All parties are present, excluding the jury.
William Sullivan (02:08:47):
All right. Counsel, we all set?
Kevin Reddington (02:08:51):
Yes.
William Sullivan (02:08:51):
All right. Ready for the jury?
Kevin Reddington (02:08:52):
Yes.
William Sullivan (02:08:52):
Okay. Yeah. They didn't have the faith in us.
Speaker 19 (02:08:52):
All rise, please. Jurors entering. Court is back in session. You may be seated.
Madam Clerk (02:11:06):
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 the 18 jurors.
William Sullivan (02:11:13):
All right. Thank you, Madam Clerk. Members of the jury, I think we got everything fixed. Thanks for your patience. The next witness that's going to testify is going to be testify either by Zoom or teleconference, as you can see. I just want to tell you, this witness will be under oath and you can consider her testimony the same as if she was testifying here live. Okay? All right. Mr. Reddington.
Kevin Reddington (02:11:39):
Yes. Thank you.
Madam Clerk (02:11:42):
May I swear her in?
William Sullivan (02:11:43):
Yes.
Madam Clerk (02:11:45):
Dr. Laposata, please raise your right hand. Do you solemnly swear that the testimony and the evidence you shall give to the court and the jury in the matter now pending between the Commonwealth and the defendant at the bar shall be the truth, the whole truth, and nothing but the truth, so help you God?
Dr. Elizabeth Laposata (02:11:58):
I do.
Madam Clerk (02:11:59):
Thank you.
William Sullivan (02:12:01):
Counsel?
Kevin Reddington (02:12:02):
Good afternoon, Doctor. Can you hear me?
Dr. Elizabeth Laposata (02:12:03):
You're a little echoy, but I can hear you.
Kevin Reddington (02:12:14):
Okay. I'm just standing in the corner here so that everybody can hear you. Tell us your name and spell your last name please.
Dr. Elizabeth Laposata (02:12:17):
Dr. Elizabeth Laposata, L-A-P-O-S-A-T-A.
Kevin Reddington (02:12:22):
And fair to say that you have some issues that require you to speak to us today by Zoom rather than appearing in person as you intended to do. Is that correct?
Dr. Elizabeth Laposata (02:12:34):
Yes, that's correct.
Kevin Reddington (02:12:35):
Okay. Tell us what you do for work, Doctor.
Dr. Elizabeth Laposata (02:12:40):
Well, I'm a medical doctor, board certified in anatomic and forensic pathology. So, I have a active practice in forensic pathology where I review cases to understand how people get injured or how people die.
Kevin Reddington (02:13:02):
And can you tell us your educational background?
Dr. Elizabeth Laposata (02:13:03):
Certainly. I graduated from Bucknell University in 1975, cum laude with an honors in biology. I went to University of Maryland School of Medicine where I graduated with my MD degree in 1979. I did my two years internship at Johns Hopkins Hospital in anatomic pathology, which is the study of diseases of the body. Then I trained in St. Louis, Missouri with a fellowship in forensic pathology, which is understanding causes of death and how trauma affects the body.
Kevin Reddington (02:13:45):
Do you hold any board certifications or any licensures in that field, Doctor?
Dr. Elizabeth Laposata (02:13:54):
Yes. In 1983, excuse me, I sat for my board exams and became board certified diplomat of the American Board of Pathology in Anatomic and Forensic Pathology.
Kevin Reddington (02:14:07):
And tell us your work history, if you would please.
Dr. Elizabeth Laposata (02:14:12):
Certainly. Since I became board certified in 1983, I've had faculty positions in St. Louis University School of Medicine where I also was the assistant medical examiner for the city of St. Louis. I then moved to Pennsylvania, Philadelphia, where I ran the autopsy service at the hospital of the University of Pennsylvania. Had a faculty appointment there, a research lab, and I taught forensic pathology to medical students. And I was also a city of Philadelphia medical examiner. After that, I was a assistant medical examiner for the state of Delaware. And in 1993, I was selected to be chief medical examiner for the state of Rhode Island, which was a position I held until 2005 when I started my independent consulting practice.
Kevin Reddington (02:15:15):
So, you've been an independent consultant testifying in courts and working on cases since 2005?
Dr. Elizabeth Laposata (02:15:26):
At my own business, yes. And certainly testifying on cases before that as medical examiners employed for the city of St. Louis, the city of Philadelphia and the state of Delaware and the state of Rhode Island.
Kevin Reddington (02:15:41):
Okay. And now you're independent on your own as it were, correct?
Dr. Elizabeth Laposata (02:15:44):
I am as it were, yes.
Kevin Reddington (02:15:48):
All right. Now, did I reach out to you on the case of the Commonwealth versus Lindsay Clancy and ask if you would help us out by looking at the discovery of the case?
Dr. Elizabeth Laposata (02:15:59):
Yes, you did.
Kevin Reddington (02:16:00):
And you're here to testify today. Can you tell the jurors what you actually reviewed as a basis of your opinion for your testimony?
Dr. Elizabeth Laposata (02:16:13):
Certainly. I reviewed medical records and I have a list here on Dawson Clancy. I reviewed the office of the medical examiner entire file. I reviewed his EMS reports, his terminal hospitalization, the Duxbury Police supplemental narrative, Duxbury Police narrative, and his pediatric South Shore Healthcare medical records.
Kevin Reddington (02:16:44):
Could I just interrupt you for a minute? I apologize.
Dr. Elizabeth Laposata (02:16:47):
Sure.
Kevin Reddington (02:16:48):
Just in the interest of time, rather than going through every single... Let me ask it this way. Did you look at police reports?
Dr. Elizabeth Laposata (02:16:57):
Yes.
Kevin Reddington (02:16:58):
Did you look at grand jury minutes?
Dr. Elizabeth Laposata (02:17:01):
Yes.
Kevin Reddington (02:17:02):
Did you look at medical records for Lindsay Clancy?
Dr. Elizabeth Laposata (02:17:06):
Yes, I did.
Kevin Reddington (02:17:07):
Can you tell the jurors what medical records you looked at?
Dr. Elizabeth Laposata (02:17:11):
For Dawson Clancy?
Kevin Reddington (02:17:14):
No, for Lindsay. No, no, no, not Dawson. For Lindsay Clancy.
Dr. Elizabeth Laposata (02:17:17):
Oh, yes. I looked at her South Shore medical records when she was admitted on the evening of January 24th. I looked at her Brigham and Women's Hospital records and photographs that were taken of her and published in her hospital records. I looked at the Department of State Police Crime Laboratory toxicology report, crime scene photos of the bedroom, the outside of the house, crime scene photos, approximately 500 of them, grand jury proceedings, and photographs of the round exercise band.
Kevin Reddington (02:18:01):
How about medical records? Did you review medical records pertinent to Lindsay and her treatment by healthcare providers in 2022 into 2023?
Dr. Elizabeth Laposata (02:18:13):
Yes.
Kevin Reddington (02:18:13):
Can you tell us what records you looked at?
Dr. Elizabeth Laposata (02:18:19):
Well, I looked at her records from the post-injury records from South Shore Hospital where she was first transported after she was found in the backyard of her house. And then I looked at her hospital records where she was transferred from South Shore Hospital to Brigham and Women's Hospital.
Kevin Reddington (02:18:40):
Excellent. Doctor, in the course of preparing for your testimony here, did I direct you to a gentleman, a Mr. Drake, and ask him for help putting together a little diagram to illustrate your testimony?
Dr. Elizabeth Laposata (02:19:00):
Yes, you did. Mr. Jeffrey Drake graphics under my direction, we put together some illustrations.
Kevin Reddington (02:19:13):
And Your Honor, we all know what to do. Could I offer this now?
William Sullivan (02:19:18):
Is there any objection?
Jennifer Sprague (02:19:19):
Just the prior judge.
William Sullivan (02:19:20):
Yeah. So, same ruling that may be admitted. Do you want to pass out those?
Kevin Reddington (02:19:23):
Sure. That'd be great.
William Sullivan (02:19:34):
Yeah. Thank you. The jury can pass out copies of what was just introduced as the exhibit. It's just so you can kind of follow along with the testimony. At the end, we can ask to pass it back to the courtroom. Mark that.
Madam Clerk (02:19:40):
281.
Kevin Reddington (02:20:19):
Thank you.
William Sullivan (02:20:19):
All right. All set?
Kevin Reddington (02:20:20):
Yes, I think so. Thank you. Now, Doctor, first of all, you made reference to Dawson Clancy. Have you had a chance to review medical records and photographs and autopsy reports on Dawson Clancy?
Dr. Elizabeth Laposata (02:20:33):
Yes. On Dawson, Cora, and Callan.
Kevin Reddington (02:20:35):
All three. Okay. Three of the children?
Dr. Elizabeth Laposata (02:20:38):
Yes.
Kevin Reddington (02:20:39):
One of the questions that I have is that of the photographs, the autopsy photographs that you were-
William Sullivan (02:20:47):
Did you want to take that? It might be just kind of confusing that this... That's better. Then we can go back and get back to the charts when you do that. Okay. Thank you.
Kevin Reddington (02:20:55):
Thank you. The autopsy photographs, did you have a chance to review those, Doctor?
Dr. Elizabeth Laposata (02:20:59):
Yes, I did.
Kevin Reddington (02:21:01):
And in your extensive experience, have you had a chance to see autopsy photographs of young children, infants, adults, people being examined prior to an autopsy, and of course during an autopsy?
Dr. Elizabeth Laposata (02:21:18):
Oh, yes. Many, many, many.
Kevin Reddington (02:21:20):
Now, my question simply is, did you notice on the autopsy photographs of the children what, let's say, have been referred to as bruises to this jury? Have you seen? Are you aware of that testimony?
Dr. Elizabeth Laposata (02:21:35):
Yes. There were bruises consistent with active children jumping and running.
Kevin Reddington (02:21:41):
And how about medical treatment and procedure? Did you make any observations, in your opinion, to a reasonable degree of medical certainty as to the cause, for example, on the infant, on the infant's head, bruising on the head, what appears to be bruising?
Dr. Elizabeth Laposata (02:21:58):
Yes. On Callan, when he was in the hospital, and there are even photographs of him in the hospital, he had EKG or EEG electroencephalogram monitoring devices attached to his head so the doctors could follow his brainwaves. And they are little round cup-like things. And so, where they were attached actually on both sides of his head, they did leave a small little brown kind of parallel mark, little lines there that were from medical treatment for monitoring his brainwaves. He also had many puncture wounds and evidence of medical treatment in that way.
Kevin Reddington (02:22:39):
And did you also notice that there would appear to be, on occasion, fluid that might be mistaken for a bruise?
Dr. Elizabeth Laposata (02:22:42):
That's possible, yes. If there is some liquid fluid, it's a little blood tinge. You could see it on the surface of the skin and there would be something you could wipe off.
Kevin Reddington (02:23:02):
So, for example, Doctor, to a reasonable degree of medical certainty on the photographs of the infant that show what you say were the couplet marks on the area of the skull, they don't come from anybody squeezing, beating, pushing, or causing any injury to that child, in your opinion. Is that correct?
Dr. Elizabeth Laposata (02:23:20):
No, absolutely not. No.
Kevin Reddington (02:23:23):
Doctor, you also had a chance to review the medical records of Lindsay Clancy when she went to the South Shore Hospital and then subsequently went to the Brigham and Women's Hospital. Is that correct?
Dr. Elizabeth Laposata (02:23:35):
Yes, that's correct.
Kevin Reddington (02:23:36):
And you don't have to get into detail. We've heard it a number of times, but there were injuries to her left wrist, her right wrist, her neck. Is that correct?
Dr. Elizabeth Laposata (02:23:47):
Yes. There were sharp force injuries to those areas.
Kevin Reddington (02:23:51):
And in your practice as a pathologist, have you had occasion over the years and over the many cases that you have had involvement with to observe self-inflicted wounds to a person's wrist or their neck in the course of a suicide attempt?
Dr. Elizabeth Laposata (02:24:08):
Oh, many times.
Kevin Reddington (02:24:10):
And can you tell the jury, to your opinion, to a reasonable degree of medical certainty, as to the nature of these injuries, and are they consistent with somebody trying, in your opinion, wait a minute, trying to kill themselves?
Jennifer Sprague (02:24:27):
Objection.
William Sullivan (02:24:27):
Sustained.
Kevin Reddington (02:24:28):
So, you would agree that there's an injury to the left wrist, injury to the right wrist that's a sharp incised wound. Is that correct?
Dr. Elizabeth Laposata (02:24:37):
Yes. They're cutting type wounds made by a sharp object such as a knife.
Kevin Reddington (02:24:42):
Okay. And how about the neck? Did that penetrate the fascia or did that penetrate the skin? To what degree?
Dr. Elizabeth Laposata (02:24:50):
Yes. There were also linear superficial incised wounds to her neck. And there were several of them and one or two of them went deeper. There was bleeding also from the wounds on her wrist. And there were numerous attempts at cutting the skin, which we call hesitation marks, which are a classic finding in suicide attempts. And they did, those incisions did cut in through the skin and cut blood vessels that were under the skin. And you can also tell from looking at the photos of Lindsay taken in the hospital when she was first admitted and also when the photograph of the bedroom, her bedroom, you could see there was significant bloodshed event from those cutting injuries.
Kevin Reddington (02:25:48):
Now, did she also sustain an injury to her neck from your review of the medical records?
Dr. Elizabeth Laposata (02:25:57):
Yes.
Kevin Reddington (02:25:58):
Can you tell us what type of injury, and if we could, and if it assists the jury with you, you can make reference to the pages of the little report and the diagrams, page four, five and six. And tell us what we're looking at.
Dr. Elizabeth Laposata (02:26:16):
Okay. Let's see. So, are we ready to look at number four?
Kevin Reddington (02:26:21):
Sure. Yep. Start off with four.
Dr. Elizabeth Laposata (02:26:24):
Okay. So, what was...
William Sullivan (02:26:27):
Just so that's the first page that you have. So, just-
Dr. Elizabeth Laposata (02:26:32):
Yes, that's right. Yes. Page four is actually page one. Yeah. So, what we have here is to show you how Lindsay was injured. And I got this from the scene photographs from all her medical history and my knowledge and training understanding how injuries happened to the body. So, if we look at the left-hand side of this panel, we see a depiction of the back side of the house and the top window and the second floor is open. That's where she would have put her palms down on the window sill and put her head out and precipitated down to fall on the hard frozen ground. During her fall head first, she had cuts on her wrists which were bleeding.
(02:27:27)
And her coming head down on the side of that building would then transfer some of that blood onto the side of the building, which was found in the scene photograph. She then hits really head first as her body descends that 13 or 14 feet. And if you look at the. So, she really did a free fall dive head first. Then if you look on the right upper two diagrams that just show a skull, this illustrates the forces then that were applied to Lindsay's head from hitting the ground and then her head bending a little bit. And what she got from that is what we call a characteristic burst fracture or a Jefferson fracture.
(02:28:25)
And this is a fracture that we see with people who hit their head head on, like if they've taken a dive into a swimming pool and they hit their head on the bottom. It's a classic finding in people who have energy applied to the falling head. And what it does is that it takes the first cervical vertebrae, which kind of looks like a donut as you see up there in the middle and it squashes it. The base of the skull then squashes that. And then like a donut, it kind of spreads it out. And she had one, two, three, four, so six or seven fractures of that cervical vertebrae. Number one, the ring of that. And the fractures I have pointed to there with arrows.
(02:29:12)
So, that is called the characteristic Jefferson fracture from hitting your head, the top of your head in a diverse position. So, you could also describe it as a bursting type fracture. But you don't get any spinal cord injury from that because the area, the hole in the middle is pretty big. So, it just crushes down on the sides and fractures the ring around the spinal cord. So, that tells me immediately that she landed head first and went down, the window went down head first. Then the energy is transmitted then from her head down her vertebral body, down the bony spine. And that then fractured and compressed C1.
(02:30:05)
The lower right-hand panel there puts that cervical vertebral body in the context of the rest of her skeleton. The left upper hand, we see her jaw. And then the C1 is pointed out there and there are little springs there to indicate they were squished and compressed together and fractured.
Kevin Reddington (02:30:30):
Now looking at the next page, which would be five, does that assist us in looking at the illustration of the injury to the spine?
Dr. Elizabeth Laposata (02:30:43):
Yes. So, this is after her head hit. So, she hits her head first. Then there is some flexion of her body and the energy from the impact is transmitted down her vertebral column. And what that did was it crushed the number of her thoracic vertebrae or vertebrae in the chest area and actually made thoracic vertebral body T5 go be compressed and move over the top of the lower vertebrae. And that is what injured her spinal cord. In the right-hand panel there, the yellow tube coming down is the spinal cord. And the T thoracic vertebral five and six is pictured there. And you can see that her whole spinal column was compressed and it moved forward and out of place causing her spinal cord injury.
(02:31:55)
There were also injuries that are indicated by little red stars there. And those are fractures of the transverse processes of the cervical vertebrae. So, when they were compressed, the areas where the joints are between the vertebrae were compressed and fractured those transverse processes. So, she had a bending injury and she also had a right posterior rib injury. You can see on the left-hand panel, her shoulders are also hitting the ground and that caused a fracture of the right first rib in the back. And the flexion of her neck also damaged her thyroid gland and some of her voice box cartilages.
Kevin Reddington (02:32:50):
And if we look at panel page six, can you tell us what we're looking at there?
Dr. Elizabeth Laposata (02:32:56):
Yes. This is the final resting position of Lindsay's body. It's documenting all the materials I reviewed that are on the left-hand side. So, she is lying down on hard, frozen ground. Her clothing is wet, she has on indoor clothing. The time that this occurred, it was dark and no sun. The temperature was in the low 30s. So, she is going to be at risk of her body temperature going down, lying on that cold ground. In addition to now that her thoracic chest spine is fractured, that has totally disrupted the thermal regulation of the bottom half of her body. So, she is going to lose heat from the lower half of her body to approach ambient temperature. So, there she is lying there on the ground.
(02:33:57)
Then if we go to the right side of that, this is a steam photograph showing the area where Lindsay's body landed. You can see on the right at the base area, there is some medical debris from the EMS emergency treatment. Then circled in or put in a red square. It's a little bit of snow that has some blood on it, which would correspond to her position lying down as we see it in the left- hand side there.
Kevin Reddington (02:34:31):
And other... Sorry, go ahead.
Dr. Elizabeth Laposata (02:34:35):
Okay. Then the last bit here is a x-ray of Lindsay, which was taken in early February after she had surgical stabilization of her fractured spine. So, this is looking at the side of her. And you can see the hardware, which they look like little golf tees going to the left side. So, this is the surgical metal hardware that was placed in her spine to open up and align her spine to try to preserve any function that was still available.
Kevin Reddington (02:35:16):
Now doctor, when she went to the Brigham and Women's Hospital, were you reviewing the medical records and able to discern that she actually coded as a result of her injuries?
Dr. Elizabeth Laposata (02:35:33):
Yes, she did. She was in spinal shock and hypothermia and her heart did stop.
Kevin Reddington (02:35:37):
And did you observe that there were "massive blood transfusions" to treat her at Brigham and Women's?
Dr. Elizabeth Laposata (02:35:45):
Yes. She lost a lot of blood around the muscles that hold the spine up because that was so damaged. So, her hemoglobin and hematocrit and her red blood cell level was very low on admission.
Kevin Reddington (02:36:00):
And the final question I have, Doctor, is as it relates to the records, it showed that she had a core body temperature of 82 degrees as opposed to 98.6, which we're accustomed to. Can you tell the jury, in your opinion, to a reasonable degree of medical certainty, what does that mean and how did that happen? And that's pretty low.
Dr. Elizabeth Laposata (02:36:23):
Yes, that is low. That's like 16 degrees below normal. And so, her low body temperature came from lying on the hard frozen ground, which would be 32 degrees frozen ground. She had wet clothing on. So, wet clothing is going to transmit the body heat into the atmosphere quicker than dry clothing. It was indoor clothes. She didn't have a big parka on. There was no sun at that time to keep her body temperature up. The ambient or the air temperature was around 30 degrees. She has a thin body. And also most importantly, because of that thoracic spinal cord transection, she lost the ability to control her body temperature below that level.
(02:37:20)
So, that means all her blood vessels just dilate and they just lose heat to the atmosphere.
Kevin Reddington (02:37:29):
Thank you very much, Doc.
William Sullivan (02:37:33):
Attorney Sprague.
Jennifer Sprague (02:37:33):
Thank you. Dr. Laposata?
Dr. Elizabeth Laposata (02:37:44):
Yes.
Jennifer Sprague (02:37:45):
You were head of the Rhode Island Office of the Chief Medical Examiner when it was cited for 10 violations in unsafe conditions, correct?
Dr. Elizabeth Laposata (02:37:55):
Yes. The unsafe condition was a light bulb out in an a hallway, a computer in a hallway, and a few other minor things. I was very happy to have the safety inspection.
Jennifer Sprague (02:38:09):
Right. Those were the unsafe conditions, but there were also 10 other violations, correct?
Dr. Elizabeth Laposata (02:38:14):
They were minimal. I don't recall now. It was 20 years ago.
Jennifer Sprague (02:38:19):
You didn't treat Ms. Clancy, correct?
Dr. Elizabeth Laposata (02:38:22):
Correct.
Jennifer Sprague (02:38:23):
And you didn't examine her yourself, correct?
Dr. Elizabeth Laposata (02:38:26):
Correct.
Jennifer Sprague (02:38:27):
Now you talked about a Jefferson fracture or a C1 burst fracture and how it can be from hitting the top of your head, correct?
Dr. Elizabeth Laposata (02:38:37):
Yes.
Jennifer Sprague (02:38:37):
Isn't it also true that you can sustain a burst fracture by hitting the back of your head or the top of your shoulders as well?
Dr. Elizabeth Laposata (02:38:45):
No.
Jennifer Sprague (02:38:49):
You say that she fell from 13 feet from the window sill onto her head, the top of her head, correct? Onto the frozen ground?
Dr. Elizabeth Laposata (02:39:00):
Yes.
Jennifer Sprague (02:39:01):
And you're saying that she fell with such force that she burst her C1 vertebrae and then broke other vertebrae in her back and broke ribs, correct?
Dr. Elizabeth Laposata (02:39:14):
Yes. Just the force of a free-falling body. Yes.
Jennifer Sprague (02:39:18):
Okay. But she had no injuries to her head, correct?
Dr. Elizabeth Laposata (02:39:24):
I'm sure she had bruising to her scalp under her hair.
Jennifer Sprague (02:39:28):
You're sure?
Dr. Elizabeth Laposata (02:39:30):
She did not have a skull fracture.
Jennifer Sprague (02:39:33):
Right. She didn't have a skull fracture, correct?
Dr. Elizabeth Laposata (02:39:36):
Yes.
Jennifer Sprague (02:39:36):
She didn't have any cuts or things that needed sutures, correct?
Dr. Elizabeth Laposata (02:39:45):
Well, she needed sutures in the cutting wounds on her wrist.
Jennifer Sprague (02:39:49):
Well, we're talking about her head right now. She didn't need any sutures on her head, correct?
Dr. Elizabeth Laposata (02:39:52):
Correct.
Jennifer Sprague (02:39:54):
She didn't have any large dents in her head, correct?
Dr. Elizabeth Laposata (02:39:59):
Large dents? What do you mean?
Jennifer Sprague (02:40:01):
From hitting the frozen ground, head first...
Dr. Elizabeth Laposata (02:40:00):
Dents? What do you mean?
Jennifer Sprague (02:40:01):
From hitting the frozen ground head first, there were no dents or bumps or sutures required on her head, correct?
Dr. Elizabeth Laposata (02:40:10):
Her scalp was intact. The forces were transmitted to C1.
Jennifer Sprague (02:40:16):
So through her head-
Dr. Elizabeth Laposata (02:40:18):
A very common finding when you go head first and hit your head.
Jennifer Sprague (02:40:23):
So hitting the frozen ground, the icy frozen ground, not a bump or scratch or scrape on top of her head. And then within her head, there was no brain bleed, there was no hemorrhaging, there was no injury into her brain itself. Nothing showed up on the CT scans, correct?
Dr. Elizabeth Laposata (02:40:41):
Correct. Her brain was fine. Her skull was fine. I'm sure she probably had some scalp bruising under her hair.
Jennifer Sprague (02:40:48):
You're sure because that goes along with what you're guessing at how the fall happened, correct?
Dr. Elizabeth Laposata (02:40:53):
No.
Jennifer Sprague (02:40:54):
You can't be sure because you didn't see the head, correct?
Dr. Elizabeth Laposata (02:40:56):
No, I can be-
Jennifer Sprague (02:41:00):
You say you're sure, but you didn't see her head.
Dr. Elizabeth Laposata (02:41:04):
I saw the medical records, and I examined all of those. I'm sure she had some bruise on the top of her head to the backside as I showed in my diagram number four. I'm sure there was some bruising on her scalp under her hair, but that was not a major concern at the time she was taken into the hospital.
Jennifer Sprague (02:41:27):
You keep saying you're sure there were bruises. You're sure that there was this or that, that's not shown in any photographs or medical evidence. So you're not sure, are you? You're assuming.
Dr. Elizabeth Laposata (02:41:38):
No, I'm sure.
Jennifer Sprague (02:41:40):
Okay. Let me show you some photographs here.
Dr. Elizabeth Laposata (02:41:42):
Excuse me. No.
Jennifer Sprague (02:41:45):
I'm asking the questions. Let me show you some photographs here.
Dr. Elizabeth Laposata (02:41:48):
Okay. Go right ahead.
Jennifer Sprague (02:41:49):
Let me show you some photographs of the defendant that were taken at the hospital of her head. Do we have sharing privileges on the computer?
Kevin Reddington (02:42:09):
Nope. Whatever you want, we'll do it.
Jennifer Sprague (02:42:20):
Showing you here photo of the top of the defendant's head.
Dr. Elizabeth Laposata (02:42:26):
Yes, I see that.
Jennifer Sprague (02:42:27):
No swelling, correct?
Dr. Elizabeth Laposata (02:42:32):
We just see her hair.
Jennifer Sprague (02:42:36):
There's no blood on the white sheet, correct?
Dr. Elizabeth Laposata (02:42:40):
Wait a minute. I'm sorry. I couldn't hear what you just asked me.
Jennifer Sprague (02:42:43):
There's no blood on that very white sheet, correct?
Dr. Elizabeth Laposata (02:42:47):
Well, I don't see what's under her head, but that's not relevant to understanding that she did fall head first.
Jennifer Sprague (02:42:56):
Okay. So you're saying she fell head first from 13 feet onto hard frozen ground and had no visible injuries to the exterior of her head?
Dr. Elizabeth Laposata (02:43:12):
Yes, I'm sure that there was some-
Jennifer Sprague (02:43:12):
And you're saying that she-
Dr. Elizabeth Laposata (02:43:12):
Excuse me. I'm sure there was some bruise.
Jennifer Sprague (02:43:12):
It was a yes or no question, Doctor.
Judge William Sullivan (02:43:18):
Listen, hold on. Doctor, listen to the question, answer the question, and then we'll just go from there. Go ahead. Ms. Sprague, do you want to re-ask that question?
Jennifer Sprague (02:43:24):
Doctor, yes or no, she fell to the ground, frozen ground, and then had no apparent injury to the exterior of her head, correct?
Dr. Elizabeth Laposata (02:43:35):
Correct. As we see there.
Jennifer Sprague (02:43:37):
And she fell head first to the frozen ground with enough force to break several vertebrae in her ribs, but did not have a skull fracture, a brain bleed or any other type of injury to her head, correct?
Dr. Elizabeth Laposata (02:43:53):
That's absolutely correct.
Jennifer Sprague (02:44:07):
Move to put the photographs we're just showing into evidence.
Judge William Sullivan (02:44:10):
Any objection? All right, they may be admitted.
Speaker 20 (02:44:11):
1,682.
Jennifer Sprague (02:44:27):
Doctor, in your report that you provided to defense counsel, you also talked about the strangulation of the children, correct?
Dr. Elizabeth Laposata (02:44:38):
I did.
Jennifer Sprague (02:44:39):
And in your report, you wrote that it would have taken 5 to 10 seconds for unconsciousness to occur, correct?
Dr. Elizabeth Laposata (02:44:48):
Yes.
Jennifer Sprague (02:44:52):
Okay. Now, do you recall testifying previously in state of Rhode Island versus Kimberly Fry, case number W1/ 20100413A? Do you recall testifying previously in that case?
Dr. Elizabeth Laposata (02:45:09):
No, I don't.
Jennifer Sprague (02:45:11):
Let me refresh your memory. It was a woman who had killed her eight-year-old daughter by asphyxia. And you testified-
Dr. Elizabeth Laposata (02:45:20):
Manual strangulation. Yes.
Jennifer Sprague (02:45:22):
Yeah. So it ring a bell?
Dr. Elizabeth Laposata (02:45:23):
Yes.
Jennifer Sprague (02:45:24):
Okay. And so you testified back in 2011 in that case, and you were asked, "If you have a very complete..." Strike that. You were asked, "Unconsciousness due to oxygenation can occur within 10 to 20 seconds." And you said, "If you have a very complete compression of the blood vessels of the neck, you can become unconscious within 10 to 20 seconds." And then you were asked, "I'm just saying hypothetically, just strangulation alone is 10 to 20 seconds." And you said, "If it is effectively and continuously applied, like in a lateral vascular neck restraint, most times there's a struggle going on, so you can't quite get that."
(02:46:09)
So in that case there, you didn't testify that it was 5 to 10 seconds. You testified that it was 10 to 20 seconds, and that if there's any struggling, it could be longer, correct?
Dr. Elizabeth Laposata (02:46:20):
Yes, but that case was-
Jennifer Sprague (02:46:22):
Well, that was a yes or no question.
Kevin Reddington (02:46:22):
It's not a yes or no question.
Judge William Sullivan (02:46:24):
All right.
Jennifer Sprague (02:46:25):
Defense can follow up.
Judge William Sullivan (02:46:26):
Hold on. Hold on. She's answered the question, and then we'll have a redirect if counsel would like to.
Dr. Elizabeth Laposata (02:46:33):
Well, I don't remember what I said-
Judge William Sullivan (02:46:33):
Hold on, Doctor.
Dr. Elizabeth Laposata (02:46:33):
Sorry.
Judge William Sullivan (02:46:33):
Doctor, wait for a question.
Jennifer Sprague (02:46:38):
You were also asked in that same trial, Doctor. The question put to you in that trial was, "But once that unconsciousness set in, you agree with me that there had to have been a consistent application of pressure, either suffocation, strangulation, or compressions of the chest for two to three more minutes continuously while the child was unconscious, correct?" And you answered, "I think that's a fair statement."
(02:47:03)
And the question was, "You said that before yourself, correct?" And you answered, "Yes." And then the question was, "I'm asking your opinion." The question was, "After Camden became unconscious, after two to three minutes of continuous application of one of those three," and you answered, "Correct." Is that right?
Dr. Elizabeth Laposata (02:47:24):
I have no memory of that. I'm sure you're reading it correctly.
Jennifer Sprague (02:47:28):
Well, you have memory of your medical knowledge, correct?
Dr. Elizabeth Laposata (02:47:35):
Sure. I have memory of my medical knowledge.
Jennifer Sprague (02:47:37):
And so at that point in time, in 2011, you testified that you would have to strangle someone 10 to 20 seconds at least to unconsciousness, and then you would have to continue to strangle them for two to three minutes for death to occur. And you said, correct. Is that still your medical knowledge?
Dr. Elizabeth Laposata (02:47:57):
That's a different case. That was not ligature. That was a manual.
Jennifer Sprague (02:48:02):
So either way, you're talking about the compression of the neck causing a loss of oxygen and blood, correct?
Kevin Reddington (02:48:09):
I'm objecting the way she's asked.
Judge William Sullivan (02:48:09):
I'll allow this question. Go ahead.
Dr. Elizabeth Laposata (02:48:14):
Yeah, there are many ways that can occur. And the way the pressure is applied is very important in understanding how long it takes to become unconscious. The children here were the victims of what we call ligature strangulation. The Fry case that's coming back to me a little now, that was a manual strangulation and also a body compression, which is a totally different type of asphyxia.
Jennifer Sprague (02:48:51):
I mean, you were asked about that in that case, and you were asked, "But once unconsciousness has set in, you agree with me that there has to be consistent application of pressure, either suffocation, strangulation, or compressions for two to three minutes more?" And you answered, "Correct." So not all three. You said either one of those could cause death after three minutes, correct?
Kevin Reddington (02:49:14):
That is a different question.
Judge William Sullivan (02:49:14):
Yeah. If you could rephrase that question.
Jennifer Sprague (02:49:15):
You were asked, "But once unconsciousness set in, you agree with me that there had to have been consistent application of pressure, either suffocation, strangulation, or compressions of the chest for two to three minutes more continuously while they're unconscious." And you said, "I think that's a fair statement." So that's what you said, correct?
Dr. Elizabeth Laposata (02:49:35):
Yes. In order to become dead, brain-dead, the physiology is that you become unconscious within 5 to 10 seconds. And then you're unconscious, but that's not dead. Then that continued constriction of the blood flow has to be still continuously applied for the brain to die.
Jennifer Sprague (02:50:05):
Correct.
Dr. Elizabeth Laposata (02:50:07):
Yeah. So that is what happens, and that's what happened to the Clancy children. The ligatures were wrapped around. It went unconscious in 5 to 10, maybe 20 seconds, probably less than 20 seconds because it was a ligature, not a manual strangulation. So it was immediately compressed, unconsciousness within 10 seconds, and then death within 4 to 10 minutes after that.
Jennifer Sprague (02:50:36):
With continuous pressure. With continuous pressure around the neck.
Dr. Elizabeth Laposata (02:50:41):
Yes, because this is a ligature strangulation.
Jennifer Sprague (02:50:45):
Thank you.
Dr. Elizabeth Laposata (02:50:46):
Not manual.
Kevin Reddington (02:50:48):
Okay. So when you're talking about ligature strangulation as opposed to manual strangulation, tell us in your mind what that means.
Dr. Elizabeth Laposata (02:51:01):
Well, they're very, very different. Manual strangulation means that somebody has used their hand and they've pressed either side of the neck. Okay? That the hand is manual strangulation. Strangulation means that you have stopped the blood flow that comes out of your brain and the carotid artery continues to pump oxygenated blood into your brain, but it can't drain out through the jugular veins. With continuous pressure, then the blood can't get in because it can't flow out. It's kind of like stopping up a pipe. So you go unconscious within 5 to 10 seconds, but then with continued pressure, your brain dies.
(02:51:55)
So the difference between manual and ligature is that manual can be kind of an off and on thing. You have a jugular vein on either side of your neck. If you're using a hand, you might compress one greater than the other, you might let go. The person that you're trying to strangle may struggle and remove your hand a little bit. So it's a very different sequence of events to end up with brain death and asphyxia. Whereas wrapping a round loop resistance band, which is a ligature, immediately compresses those vessels. There's no coming off, there's no putting back on. It's a very complete one-time, immediate, non-varying compression with those exercise bands ligature, which causes unconsciousness effectively within 4 to 10 seconds.
Kevin Reddington (02:52:57):
And in reference to the manual strangulation where generally somebody would use their hands and perhaps press with their thumbs, that has a very common, that you see many times, a fracture of what's called the hyoid bone, correct?
Dr. Elizabeth Laposata (02:53:14):
Yes, that can happen. Absolutely. A little U-shaped bone up underneath the jaw. So they both cause brain death from lack of oxygen to the brain. But the way they get there that's leading up to that is a totally different pathophysiologic process.
Kevin Reddington (02:53:33):
So when counsel went through the Rhode Island case, whatever that name was, and was reading from a transcript and asking you questions about the time that a person through manual strangulation, and then she made reference to suffocation, she made reference to strangulation, she made reference to compression of the chest, that has nothing to do in your opinion with the ligature strangulation. Is that correct?
Dr. Elizabeth Laposata (02:53:59):
It's a totally different mechanism of injury.
Kevin Reddington (02:54:04):
Thank you.
Judge William Sullivan (02:54:07):
Sprague.
Jennifer Sprague (02:54:08):
Doctor, as you said a few moments ago, the ligature causes unconsciousness and then the pressure has to continuously be applied for several minutes to cause death, correct?
Dr. Elizabeth Laposata (02:54:25):
Yes.
Jennifer Sprague (02:54:26):
Thank you.
Judge William Sullivan (02:54:27):
All right. Anything further?
Kevin Reddington (02:54:28):
One other question. On the ligature, Doctor, and we discussed this, is the ligature, does that require a person to stand over the body and continuously apply pressure to the ligature or walk away leaving the ligature?
Dr. Elizabeth Laposata (02:54:43):
No. In this case, these were elastic round loops that were put around, somewhat tightly pinching the skin. You could see little lines where the skin was pinched and it just stays there. So it's a immediate compression of those two jugular veins staying there and then death occurs minutes later.
Kevin Reddington (02:55:14):
Thank you.
Jennifer Sprague (02:55:14):
Doctor, did you see these exercise bands?
Dr. Elizabeth Laposata (02:55:17):
Yes.
Jennifer Sprague (02:55:17):
And you know that they're one long line with a handle on each end, correct?
Dr. Elizabeth Laposata (02:55:22):
Right. And they're round. They're a cylinder.
Jennifer Sprague (02:55:25):
Right. And you-
Dr. Elizabeth Laposata (02:55:26):
They're not like a flat band.
Jennifer Sprague (02:55:28):
And you know they were wrapped around each child's neck and pulled to strangle them, correct?
Dr. Elizabeth Laposata (02:55:34):
Well, they were. They were wrapped several times, firmly enough around the neck to close off the jugular veins.
Jennifer Sprague (02:55:41):
And you're not aware, there's been no testimony, no evidence, nothing showing that they were knotted and left there, correct?
Dr. Elizabeth Laposata (02:55:48):
No.
Jennifer Sprague (02:55:51):
They weren't tied in a knot and left around their necks, according to any of the evidence, correct?
Dr. Elizabeth Laposata (02:55:58):
The important part to me was they were wrapped several times, and then whether it had a bowl or a knot would not really be important. It was secure and wrapped around the neck several times. I can tell that from the appearance of the skin on the neck on top.
Jennifer Sprague (02:56:41):
I'm showing the band, Doctor. Wrapped around the child's neck several times and then left there. I guess you can't see it from where you are, but it just fell apart. It didn't say in a circle.
Dr. Elizabeth Laposata (02:56:56):
Yeah, I sort of saw what you did. So?
Jennifer Sprague (02:56:57):
What was that?
Dr. Elizabeth Laposata (02:57:02):
I said, I saw that.
Jennifer Sprague (02:57:03):
You saw it. So it was left there and it fell apart, correct?
Dr. Elizabeth Laposata (02:57:09):
Yeah, what you just did. Sure.
Jennifer Sprague (02:57:10):
Yeah. Thank you.
Kevin Reddington (02:57:15):
It's all good.
Judge William Sullivan (02:57:15):
All right. All right. Thank you, Doctor.
Dr. Elizabeth Laposata (02:57:18):
Thank you, Your Honor.
Judge William Sullivan (02:57:20):
I was going to see you just for a second. Short break to take the equipment down. It took us hours to get it up, but hopefully it'd take us about five minutes to take it down. So I'm just going to ask you a very quick break and then we'll bring you right back in. We'll call the next witness. Okay?
Speaker 21 (02:58:06):
All right.
Dr. Elizabeth Laposata (02:58:07):
Thank you, Your Honor.
Speaker 21 (02:58:48):
Jurors leave everything right on the chair. Jurors are next to the courtroom. This court's in session. Please be seated.
Judge William Sullivan (02:58:49):
All right. So we'll be in, I know we always say it, but we'll be in a short recess. As soon as we can get the equipment down, we'll come right back out and we'll take the next witness.
Kevin Reddington (02:58:59):
Okay.
Judge William Sullivan (02:58:59):
Okay.
Jennifer Sprague (02:58:59):
Thank you.
Dr. Elizabeth Laposata (02:58:59):
Goodbye.
Speaker 20 (02:59:25):
For the record, we returned back to the matter of Commonwealth versus Lindsay. Counsel, all parties are present excluding the jury.
Judge William Sullivan (02:59:30):
All right. Counsel, are you ready for the jury?
Kevin Reddington (02:59:30):
Yes.
Jennifer Sprague (02:59:30):
Yes.
Judge William Sullivan (02:59:30):
Okay. We're rolling?
Speaker 21 (02:59:30):
All rise, please. Juries enter. Reporter's back in session. You may be seated.
Speaker 20 (02:59:30):
Your Honor, for the purpose of the record, we returned back to the trial, Commonwealth versus Lindsay Clancy. All parties are present, including the defendant and including the 18 jurors.
Judge William Sullivan (02:59:30):
All right. Attorney Reddington.
Kevin Reddington (03:01:25):
Thank you. Call Dr. Paul Zeizel, please.
Speaker 20 (03:01:29):
Good afternoon. 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 at the bar shall be the truth, the whole truth, and nothing but the truth, so help you God?
Dr. Paul Zeizel (03:01:29):
I do.
Speaker 20 (03:01:29):
Thank you, sir. You may have a seat.
Dr. Paul Zeizel (03:01:29):
Thank you.
Judge William Sullivan (03:01:29):
All right. Good afternoon, Doctor.
Dr. Paul Zeizel (03:01:54):
Good afternoon, Your Honor.
Judge William Sullivan (03:01:54):
All right, Mr. Reddington.
Kevin Reddington (03:01:56):
Thank you, Judge. Afternoon. Tell us your name and spell your last name for the record, please.
Dr. Paul Zeizel (03:02:02):
Good afternoon. Paul Zeizel, Z-E-I-Z-E-L.
Kevin Reddington (03:02:07):
And what do you do for work, sir?
Dr. Paul Zeizel (03:02:09):
I'm a clinical and forensic psychologist.
Kevin Reddington (03:02:12):
And briefly, what's the difference between a psychiatrist and a psychologist?
Dr. Paul Zeizel (03:02:18):
A psychiatrist goes to four years of medical school and does a residency in a specific field in medicine. A psychologist goes to graduate school generally four years and gets a PhD or a PsyD, a doctor of psychology in psychology. The difference in terms of clinical practice, psychologists are trained very extensively in counseling, testing, interpretation of testing, and that then continues to various treatment modalities, working with children, adolescents, couples, families. And it can extend beyond that neuropsych testing, issues of guardianship, child custody cases, and there are many variants in that. So psychologists are in the domain of treatment, testing, and evaluation of mental health conditions.
Kevin Reddington (03:03:17):
Can psychologists prescribe medication?
Dr. Paul Zeizel (03:03:21):
Generally, no, but the Department of Defense will allow psychologists in the military and overseas to sometimes prescribe medication. But 99% of psychologists do not have prescription privileges.
Kevin Reddington (03:03:35):
As far as the testing that you referenced, what is it you referring to regarding testing?
Dr. Paul Zeizel (03:03:42):
So there's testing across various domains. If a person comes in with, let's say concerns about intellectual functioning for a child, they would have a perhaps school psychologist or educational psychologist who would do testing on cognitive levels of functioning or neuropsych testing, or testing that deals with issues of ADD, attention deficit disorder, or ADHD, attention deficit hyperactivity disorder.
(03:04:16)
There's other testing that would include, for example, forensic testing. That's the integration of mental health and the law. That requires a psychologist to know about the different types of forensic testing issues that might be there. So this would often be things that would be pertaining to deception, malingering, personality assessment, and sometimes sociopathy or what's known in the DSM-5-TR, which you've heard about, antisocial personality disorder. In addition, as I briefly mentioned, guardianship, conservatorship, custody issues with parenting, risk assessments for certain jobs that individuals might have, working for government and top secret positions, police officers, military as well.
Kevin Reddington (03:05:21):
So for example, some of the testing, what is the MMPI?
Dr. Paul Zeizel (03:05:25):
Yes, it's called the Minnesota Multiphasic Personality Inventory, and there are various iterations. There's MMPI-3. There's the RF. Some are focused on forensic assessment. It is a test that is been around since the 1940s that was originally used to determine a sample, the size of white men going into the military who would be good leaders. Today, the sample is based on a much more diversified population, including women and different racial ethnicities. And it's divided into two parts. One part has what we call a validity and reliability scale and a lie scale. Validity-
Kevin Reddington (03:06:20):
The lie scale, was that also referred to as the K Scale?
Dr. Paul Zeizel (03:06:23):
Yes, it could be considered part of the K Scale. And it's whether someone is being dishonest with the test, but it will change slightly because people on some tests, psychological tests, will want to come across as faking good. Some people will want to come across as faking bad. Faking good would be a mother whose children were taken away. She would like to get them back. So she wants to come across as the healthiest person there is. Conversely, faking bad is someone seeking a, let's say, a workman's compensation claim, and they may have a tendency to exaggerate the nature of their injuries.
Kevin Reddington (03:07:05):
So in this case, for example, forget about workman's comp. Let's talk about a murder charge. If a defendant submits to a psychological test such as the MMPI and the interpretation by a psychologist of the results of that test, if the person wanted to pretend that they were suffering from a disease or defect, would that test ostensibly be able to tell the psychologist that?
Dr. Paul Zeizel (03:07:30):
Yes.
Kevin Reddington (03:07:31):
Was an MMPI administered by the government's doctors on this case to Lindsay?
Dr. Paul Zeizel (03:07:36):
Yes.
Kevin Reddington (03:07:38):
Did that have a K Scale as to whether or not she was lying or exaggerating or malingering or trying to fake that she had some disease or defect?
Dr. Paul Zeizel (03:07:45):
Yes, it had a K Scale.
Kevin Reddington (03:07:47):
And what were the results of the government's doctor's test on the Minnesota Multiphasic Personality as it relates to the K Scale?
Jennifer Sprague (03:07:53):
Objection.
Judge William Sullivan (03:07:56):
Yeah. Can I see counsel over here?
Kevin Reddington (03:08:11):
So Doctor, let me just, as we say, lead you a little bit. Yes or no answers would be fine. Were you aware that a test was administered by the government's doctor, I think it was Dr. Helburn, to Lindsay Clancy in the course of the government's evaluation?
Dr. Paul Zeizel (03:08:28):
Yes.
Kevin Reddington (03:08:29):
And did you consider the results in the interpretation of that test as part of your opinion for this jury?
Dr. Paul Zeizel (03:08:39):
Yes.
Kevin Reddington (03:08:40):
And to that extent, as you discuss whether or not somebody is faking or somebody is exaggerating, do you have an opinion, based upon your review of the discovery in the case to a reasonable degree of medical certainty, as to whether or not Lindsay Clancy in the course of that evaluation was malingering or lying or exaggerating?
Dr. Paul Zeizel (03:09:04):
Yes, I do.
Kevin Reddington (03:09:05):
Tell the jury.
Dr. Paul Zeizel (03:09:06):
My opinion in the testing of Ms. Clancy regarding the MMPI was that-
Jennifer Sprague (03:09:12):
Objection.
Judge William Sullivan (03:09:16):
Just do your opinion, doctor.
Dr. Paul Zeizel (03:09:17):
She was not faking. There was no evidence of any malingering. She presented as an honest citizen.
Kevin Reddington (03:09:24):
Okay. Now, regarding your background, I may have jumped the gun, tell us briefly what your educational background is.
Dr. Paul Zeizel (03:09:33):
I have a bachelor's degree from Queens College. I have a master's degree from Harvard University and a doctorate in clinical psychology from William James College.
Kevin Reddington (03:09:43):
And your career spans how many years, sir?
Dr. Paul Zeizel (03:09:49):
I've been licensed for 37 years.
Kevin Reddington (03:09:52):
And would you consider yourself to be a forensic psychologist?
Dr. Paul Zeizel (03:09:57):
Yes, I do.
Kevin Reddington (03:09:58):
And as you indicated, that's the interface between medicine and law. Is that correct? Forensic-
Dr. Paul Zeizel (03:10:03):
Mental health and law, yes.
Kevin Reddington (03:10:04):
Mental health and law. Okay. In this case, your experience obviously is something somebody has to evaluate. Can you tell us your history as a psychologist? In other words, your experience that you've had in the field?
Dr. Paul Zeizel (03:10:20):
Yes. Well, in the field I have, as a forensic psychologist, been involved in over 1,000 cases testifying for both the Commonwealth as well as for respondent's counsel. I testify more for respondents or defendants these days. I've been qualified in every court in the Commonwealth, with the exception of Nantucket, because I've not done any cases in Nantucket County. I have a small private practice. I have done work with governmental agencies, a psychologist for the DEA, Drug Enforcement Administration, and I've worked as a federal contract, as a vendor overseas for the State Department in Afghanistan.
Kevin Reddington (03:11:13):
How long were you in Afghanistan?
Dr. Paul Zeizel (03:11:15):
I was in Afghanistan from November 2007 to roughly mid-February 2011.
Kevin Reddington (03:11:24):
So for that four-year period while you were in Afghanistan, what was the nature of your work?
Dr. Paul Zeizel (03:11:29):
The nature of my work was basically the equivalent through the military. They got analogies with the military as a combat psychologist. I was embedded in the field. I would do evaluations for what we call critical incident debriefings and when there would be multinational forces. And in Afghanistan it was the ISAF Coalition, International Security Assistance Forces. That would be countries that were deployed over there. England, Germany, France-
Dr. Paul Zeizel (03:12:00):
Countries that were deployed over there, England, Germany, France, Spain, Italy, Portugal, Romania, Bulgaria, Australia, New Zealand, a total of 38 countries. I could go on, but I'm not going to. And I had to be loaned to various countries in different parts of the country to do debriefings after a critical incident, which would be what's called a TIC, T-I-C, Troops in Combat. I'd fly out usually on a helicopter, do the debriefings of the people who survived those attacks, engaged in those attacks, and ensure that they were stable enough to continue, and if you will, fit for duty.
(03:12:42)
I would also do evaluations on violence assessments, individuals who had problems maintaining their ability to function safely in a war zone where everyone carries at least one weapons, usually two, to ensure that they were able to be healthy for their work. And I would do various types of training and debriefing. I was also loaned out to other governmental agencies, the US Marshals, the FBI, CIA. And with each of those agencies, there would be various issues that were necessary, people getting hurt, people killing individuals who attacked them.
(03:13:29)
And when that occurs, as one would imagine, there's great trauma that goes with that. And these people were not necessarily negatively impacted in the moment, but we would make sure that they were healthy enough to continue their work if need be. If they were psychologically impaired, I would be involved in helping get them sent over back to Europe, to launch to Germany, sometimes to Dubai, and help with individuals who suffered themselves with issues back from the United States. So, I would have to do death notifications with the military.
(03:14:16)
I would help with issues of conflict with other soldiers and contractors and agencies dealing with all the issues that one might expect could come up in various parts of the war zone. I was often sent to what I called FOBS. Those are forward observation bases. Generally, about 100 people, more or less in those bases, multi-international. And I was also sent to COPS, COPs, combat outposts, very remote in the middle of nowhere on mountain sides where you'd walk up goat trails just to get to where your small base is. And the billets were often cuts and tents that were erected on rocks and no electricity, quite remote.
(03:15:14)
And I was on many, many dismounted patrols with the belief that having a psychologist or someone psychologically trained to deal with what it's like to be in a war zone would be therapeutic, if not therapeutic, explainable and helpful. I did many of those events.
Kevin Reddington (03:15:39):
At some point, did I ask you to become involved to some degree in this case, Doctor?
Dr. Paul Zeizel (03:15:46):
Yes.
Kevin Reddington (03:15:47):
Can you tell the jury when that was?
Dr. Paul Zeizel (03:15:50):
I received a phone call from Attorney Reddington late in the evening on February 3rd, 2023. It was late because I was already in bed sleeping and the phone rang. It was about 11:30.
Kevin Reddington (03:16:05):
And without getting into the details, did I advise you that I was representing a young woman by the name of Lindsay Clancy and that she was severely injured and she was in a hospital?
Dr. Paul Zeizel (03:16:18):
Yes.
Kevin Reddington (03:16:19):
As a result of that, what did you do?
Dr. Paul Zeizel (03:16:23):
That next morning I went to Brigham Women's Hospital, went to the front desk where one would normally check in. And there was a woman there who I felt was a volunteer, I explained who I was. I explained that I was asked by Attorney Reddington to evaluate Ms. Clancy on the surgical ICU unit.
Kevin Reddington (03:16:48):
Were you able to access her to speak to her?
Dr. Paul Zeizel (03:16:51):
Eventually, yes.
Kevin Reddington (03:16:52):
And when you say eventually, what's the timeframe we're talking?
Dr. Paul Zeizel (03:16:56):
I was initially told I couldn't go, I had to wait 30 minutes. Attorney Redington called the chief counsel of the hospital to enable me to have access to the unit where Ms. Clancy was staying.
Kevin Reddington (03:17:09):
When was it that you were able to get into the unit to see her?
Dr. Paul Zeizel (03:17:13):
12:30 in the afternoon.
Kevin Reddington (03:17:15):
What day?
Dr. Paul Zeizel (03:17:15):
February 4th.
Kevin Reddington (03:17:17):
So, it would be January 24th, seven, so this is almost-
Dr. Paul Zeizel (03:17:23):
11 days.
Kevin Reddington (03:17:23):
... later, right?
Dr. Paul Zeizel (03:17:24):
Yes.
Kevin Reddington (03:17:25):
You're also aware that I needed a court order to get you into the hospital.
Dr. Paul Zeizel (03:17:29):
That's correct.
Kevin Reddington (03:17:30):
And were you able to ultimately get in the hospital, go to the surgical unit and meet with Lindsay?
Dr. Paul Zeizel (03:17:36):
Yes.
Kevin Reddington (03:17:38):
Jurors have had a chance to look at photographs of her laying in the bed with tubes and flyers and all of that. Is that what she looked like when you first saw her?
Dr. Paul Zeizel (03:17:51):
Yes. However, she was also with her right arm, as I recall, shackled to the bed with handcuffs.
Kevin Reddington (03:18:00):
So, did that little soft little things that tie her hands to the side of the bed with the handcuffs?
Dr. Paul Zeizel (03:18:07):
They weren't soft, they were regular, what appeared to be metal handcuffs that police officers and perhaps officers in this court use for detaining people and arresting people. They were not soft.
Kevin Reddington (03:18:20):
While she's laying in the bed, did she have the tubes and the wires for treatment in the emergency, the intensive care unit, I should say?
Dr. Paul Zeizel (03:18:29):
Yes.
Kevin Reddington (03:18:29):
Was she intubated at that point, if you recall?
Dr. Paul Zeizel (03:18:34):
She was not.
Kevin Reddington (03:18:34):
So, she was able to speak?
Dr. Paul Zeizel (03:18:35):
Yes.
Kevin Reddington (03:18:36):
Was she able to move other, obviously she's chained to the bed, so she couldn't get up.
Dr. Paul Zeizel (03:18:41):
She could not get up. She couldn't move below her sternum, the chest bone.
Kevin Reddington (03:18:48):
At that point, had you and I met and talked about this case at all?
Dr. Paul Zeizel (03:18:53):
No.
Kevin Reddington (03:18:54):
What was the reason I asked you to go to the hospital?
Dr. Paul Zeizel (03:18:57):
You were worried about her mental health. Given the significant event that had just taken place a few days earlier, you were concerned that she had absolutely no ability to have visitors. Visitors were not permitted to meet with her from family members to friends to priest. No one was able to see her.
Kevin Reddington (03:19:22):
So, as a result of that conversation we had, you went to the hospital, went into her room, and you were able to speak to her. Is that correct?
Dr. Paul Zeizel (03:19:31):
Yes.
Kevin Reddington (03:19:31):
Can you tell the jurors, if you recall, what type of law enforcement presence? Uniform, cops, guns, stuff like that. What did you notice?
Dr. Paul Zeizel (03:19:40):
I noticed literally outside of her hospital room were two state troopers in their blue uniforms sitting each in a chair on either side of the doorway to Ms. Clancy's room with a nurse sitting in the corner of her room.
Kevin Reddington (03:20:01):
When you went in to see her on that date, was it your understanding she had recently been extubated? In other words, they removed the tube from her mouth?
Dr. Paul Zeizel (03:20:08):
Yes.
Kevin Reddington (03:20:11):
And do you recall the conversation that you had with Lindsay at that time?
Dr. Paul Zeizel (03:20:16):
Yes, I did.
Kevin Reddington (03:20:16):
Tell the jurors what your memory is.
Dr. Paul Zeizel (03:20:20):
The conversation I had with Ms. Clancy at that time was one where I asked if she knew where she was. So, I did what's called a mental status exam, a brief mental status exam. It's orientation to time, place, location. She didn't know where she was, wasn't quite sure what time it was. She knew who she was, and she told me that she remembers what happened, but it was very fuzzy and foggy. At the time she had been on medication for the significant pain post-surgery while in that hospital room.
Kevin Reddington (03:21:03):
And during the course of that interview with her, did she express any concern to you about her husband, Patrick?
Dr. Paul Zeizel (03:21:12):
Yes, she did.
Kevin Reddington (03:21:13):
Tell the jurors what she indicated to you.
Dr. Paul Zeizel (03:21:15):
She said since 11 days prior to my meeting with her, which would've been January 24th, 2023, she had no contact with Patrick. She wanted to know how he was doing. She wanted to know if she could call him and find out where things are with her and with him and how he was faring and to just speak with him.
Kevin Reddington (03:21:41):
She expressed concern about her family?
Dr. Paul Zeizel (03:21:44):
Yes, she did.
Kevin Reddington (03:21:46):
Did she express concern about what had happened?
Dr. Paul Zeizel (03:21:49):
Yes.
Kevin Reddington (03:21:51):
Did she ask you or did you offer to her the ability to speak to her husband, Patrick?
Dr. Paul Zeizel (03:21:59):
She asked me if she could use my cell phone to call her husband.
Kevin Reddington (03:22:03):
Did she do that?
Dr. Paul Zeizel (03:22:04):
Yes, she did.
Kevin Reddington (03:22:05):
Did you hear the conversation?
Dr. Paul Zeizel (03:22:07):
Yes. I told her we'd call, it would have to be on speakerphone.
Kevin Reddington (03:22:12):
And tell us about that conversation.
Dr. Paul Zeizel (03:22:15):
So, that first phone call, I believe on the 24th, he did not pick up. She left a message, I did not leave a message. We then called back two days later on the 6th.
Kevin Reddington (03:22:27):
And after the two days had transpired and the call was made on the 6th, did she have a chance to talk to Patrick?
Dr. Paul Zeizel (03:22:35):
Yes.
Kevin Reddington (03:22:36):
Were you there?
Dr. Paul Zeizel (03:22:36):
Yes.
Kevin Reddington (03:22:38):
Was she still chained to the bed?
Dr. Paul Zeizel (03:22:39):
Yes.
Kevin Reddington (03:22:40):
Were the cops still outside the room?
Dr. Paul Zeizel (03:22:42):
Yes. Not in blues, they were in civilian clothing, jeans, flannel shorts.
Kevin Reddington (03:22:47):
And tell us what she said to Patrick in your presence on the speakerphone at that point.
Dr. Paul Zeizel (03:22:55):
She had told Patrick that she loved him very much. She was unable to express a lot of emotion, but she expressed love for him. And she had said that she heard a male voice ordering her, telling her that she didn't have any choice, but she had to kill her children and then kill herself.
Kevin Reddington (03:23:31):
Now, Doctor, have in mind your background, your career. Did you tell Lindsay Clancy to lie or make that up and pretend that she was hearing voices?
Dr. Paul Zeizel (03:23:48):
No.
Kevin Reddington (03:23:49):
Did you have any conversation or any suggestions to her at all that she should say she heard voices or anything like that?
Dr. Paul Zeizel (03:23:58):
Absolutely not.
Kevin Reddington (03:24:00):
Why did you let her call her husband on your cell phone?
Dr. Paul Zeizel (03:24:05):
I let her call her husband out of human compassion.
Kevin Reddington (03:24:12):
As time went by, did I then, oh, by the way, you've testified for me on other matters, have you not?
Dr. Paul Zeizel (03:24:19):
Yes.
Kevin Reddington (03:24:20):
We go back about 20 years?
Dr. Paul Zeizel (03:24:22):
Yes.
Kevin Reddington (03:24:23):
And we socialized together?
Dr. Paul Zeizel (03:24:24):
Yes.
Kevin Reddington (03:24:25):
So, we're friends?
Dr. Paul Zeizel (03:24:26):
Yes.
Kevin Reddington (03:24:27):
And as you worked on the case, can you tell the jurors what information you had access to that would allow you to continue with your investigation as a psychologist?
Dr. Paul Zeizel (03:24:38):
I had access to her clinical records, many of that were discussed here. Emergency records, sorry, grand jury minutes. With the longitudinal nature of my evaluation at records from Brigham Women's, South Shore, Spalding Hospital, and most recently Tewksbury Hospital, which go back to I believe March 27th or so 2023 till today.
Kevin Reddington (03:25:15):
How many times have you seen Lindsay since that day in January of '24?
Dr. Paul Zeizel (03:25:22):
So, I've met with-
Kevin Reddington (03:25:23):
I'm sorry.
Dr. Paul Zeizel (03:25:24):
... 2023. I've met with Ms. Clancy over 45 times since then. And that was at the writing and the issuance of my report to Attorney Reddington, that was in middle of June. And I've seen Ms. Clancy since then 20 times probably, or 15, inclusive of being in this courtroom and sometimes meeting with her in the holding unit.
Kevin Reddington (03:25:53):
And you've had occasion to visit with her in Tewksbury Hospital many, many of those times, right?
Dr. Paul Zeizel (03:26:00):
Yes.
Kevin Reddington (03:26:02):
And you've had occasion to visit with her in the lockup to this courthouse, correct?
Dr. Paul Zeizel (03:26:09):
Yes.
Kevin Reddington (03:26:11):
And she's been treated very well by everybody, the court officers, everybody. Is that correct?
Speaker 22 (03:26:17):
Objection. Relevance.
William Sullivan (03:26:19):
Yeah. Sustained.
Kevin Reddington (03:26:21):
Well, you've had a chance to see her in the lockup, right?
Dr. Paul Zeizel (03:26:24):
Yes.
Kevin Reddington (03:26:25):
Why would-
William Sullivan (03:26:26):
No, overruled.
Kevin Reddington (03:26:28):
Why would you see her in the lockup?
Dr. Paul Zeizel (03:26:32):
I would see Lindsay Clancy in lockup because the nature of presentation in this court has been gut-wrenching for anyone who would be exposed to such horrific-
Speaker 22 (03:26:48):
Your Honor, objection and move to strike. It's not responsive to the question.
William Sullivan (03:26:52):
Can I see counsel again?
Kevin Reddington (03:26:53):
I'll withdraw it.
William Sullivan (03:26:55):
All right. So that answer, Lisa, that answer is stricken.
Dr. Paul Zeizel (03:26:58):
In Tewksbury Hospital, have you had to see her to evaluate her in addition to your testimony for a juror?
(03:27:07)
Yes.
Kevin Reddington (03:27:07):
Why?
Dr. Paul Zeizel (03:27:09):
Because the nature of mental health is something that's not a static or what we'd consider historical piece of information. Static information means a date of birth, that's never going to change. Dynamic issues are things that are subject to change, like the weather, like your health, like your mood. So, to do an evaluation for a case that Ms. Clancy's involved in, which is a triple homicide case, requires an examiner to ensure that she's competent to stand trial and that her mental health is stable enough to be able to go forward with court proceedings.
Kevin Reddington (03:27:51):
Is there an additional component and has there been an additional component of her suicidal ideation since she's been in custody at Brigham Women's and then of course transferred years ago to Tewksbury?
Speaker 22 (03:28:06):
Objection. Can we approach?
William Sullivan (03:28:10):
Can I see counsel?
Kevin Reddington (03:28:22):
So, Doctor, while you're evaluating her, whether it be in Tewksbury when you're visiting with her here, her present state of mind is always an interest to you. Is that correct?
Dr. Paul Zeizel (03:28:32):
Yes.
Kevin Reddington (03:28:35):
And in addition to all of the police reports, grand jury minutes, photographs, and things that you have described for us, sir, have you also had occasion to review all of the medical records without going through every one of them, dealing with Jennifer Tufts, Gelata, drugs that were prescribed to her, et cetera?
Dr. Paul Zeizel (03:28:53):
Yes.
Kevin Reddington (03:28:55):
Were you able to take a family history and a school history from Lindsay?
Dr. Paul Zeizel (03:29:00):
Yes.
Kevin Reddington (03:29:01):
Were you able to take a medical history from Lindsay?
Dr. Paul Zeizel (03:29:07):
Yes.
Kevin Reddington (03:29:08):
Were you concerned about her status as a woman who had recently had a child, Callan, in the spring of 2022?
Dr. Paul Zeizel (03:29:20):
Yes.
Kevin Reddington (03:29:21):
And what timeframe was it that you were focusing on for purposes of your evaluation as to her mental state after having Callan when she was postpartum?
Dr. Paul Zeizel (03:29:35):
The timeframe started in roughly September 2022 through January 2023.
Kevin Reddington (03:29:44):
And during that period of time, you were aware that she had certain symptomology. Again, we could go through every single one of them, or we can just say yes, she did express that she had symptomology. Jury's heard the evidence up to this point.
Dr. Paul Zeizel (03:29:57):
Yes, many times to other people.
Kevin Reddington (03:30:00):
Did she see doctors?
Dr. Paul Zeizel (03:30:03):
Yes.
Kevin Reddington (03:30:04):
Dr. Tufts?
Dr. Paul Zeizel (03:30:04):
Yes.
Kevin Reddington (03:30:04):
Was that the first time that she was expressing anxiety and her concerns about insomnia and that she went to see Dr. Tufts and she was prescribed the SSRI?
Dr. Paul Zeizel (03:30:16):
Yes.
Kevin Reddington (03:30:16):
Okay. July, June, August of 2022. What was her mood at that point?
Dr. Paul Zeizel (03:30:28):
Her mood was waxing and waning at times, but struggling as well in common sense ways. Having three children ages five and under, not an easy task.
Kevin Reddington (03:30:41):
So, in the fall of 2022, when she went to see Dr. Tufts, that's when she was prescribed the first SSRI?
Dr. Paul Zeizel (03:30:50):
Zoloft, yes.
Kevin Reddington (03:30:51):
And again, when she had the second baby, that would be Dawson?
Dr. Paul Zeizel (03:30:57):
Yes.
Kevin Reddington (03:30:57):
Did she have also indicia symptomology of anxiety and the symptoms that she had described that required that she had to be placed on some medication?
Dr. Paul Zeizel (03:31:10):
Yes, she did.
Kevin Reddington (03:31:11):
What was that medication?
Dr. Paul Zeizel (03:31:13):
I believe that was Trazodone, if I'm not mistaken.
Kevin Reddington (03:31:18):
When she was in nursing school, prior to that, was she placed on medication?
Dr. Paul Zeizel (03:31:24):
Yes, she was.
Kevin Reddington (03:31:25):
And that was because of public speaking nerves. What was the medication?
Dr. Paul Zeizel (03:31:29):
There were multiple medications. I believe it was propranolol and I believe it may have been Trazodone and Wellbutrin, but I'm not totally positive of that.
Kevin Reddington (03:31:42):
Do you recall that she was prescribed an SSRI when she was in nursing school?
Dr. Paul Zeizel (03:31:47):
Yes.
Kevin Reddington (03:31:47):
What was that?
Dr. Paul Zeizel (03:31:49):
That was Zoloft.
Kevin Reddington (03:31:51):
When she saw Dr. Tufts and she took the Zoloft, it was 25 milligrams initially. Is that correct?
Dr. Paul Zeizel (03:31:56):
Yes.
Kevin Reddington (03:31:56):
Was it increased?
Dr. Paul Zeizel (03:31:58):
It was increased to 50 milligrams sometime later. Yes.
Kevin Reddington (03:32:00):
And how did she react to that?
Dr. Paul Zeizel (03:32:02):
She didn't take the medication initially. She waited a few weeks until she started on the lower dose.
Kevin Reddington (03:32:09):
So, my question was, how did she react to the increase in the Zoloft?
Dr. Paul Zeizel (03:32:13):
Poorly.
Kevin Reddington (03:32:14):
What does that mean?
Dr. Paul Zeizel (03:32:15):
It was not a therapeutic uplift for her, she didn't do well. She didn't feel better, by all reports from Ms. Clancy, she did not get better.
Kevin Reddington (03:32:27):
How about sleeping? Did she have any complaints about sleeping?
Dr. Paul Zeizel (03:32:30):
Yes.
Kevin Reddington (03:32:30):
What was that?
Dr. Paul Zeizel (03:32:31):
Her insomnia got worse with the passage of time.
Kevin Reddington (03:32:35):
As September turned into October, it turns into November around the time of Thanksgiving. Had she continued to seek help from medical healthcare providers?
Dr. Paul Zeizel (03:32:46):
Yes.
Kevin Reddington (03:32:46):
The answer is yes.
Dr. Paul Zeizel (03:32:48):
Yes.
Kevin Reddington (03:32:48):
Who did she seek to get help from?
Dr. Paul Zeizel (03:32:51):
Well, the initial person I believe was her mother-in-law, Sue Clancy, and who was a labor and delivery nurse who knew people.
Kevin Reddington (03:32:58):
But who did she see as a result of Sue Clancy?
Dr. Paul Zeizel (03:33:01):
I believe it was Julie Paul initially.
Kevin Reddington (03:33:04):
And what group was she affiliated with?
Dr. Paul Zeizel (03:33:06):
South Shore Perinatal Health.
Kevin Reddington (03:33:09):
Did Ms. Paul, Nurse Practitioner Paul, prescribe medication for her?
Dr. Paul Zeizel (03:33:14):
Yes.
Kevin Reddington (03:33:15):
And did she continue to deal with South Shore Perinatal?
Dr. Paul Zeizel (03:33:19):
Yes.
Kevin Reddington (03:33:21):
At some point did she stop dealing shortly, a short period of time with Nurse Practitioner Paul?
Dr. Paul Zeizel (03:33:27):
Yes. Nurse Paul left.
Kevin Reddington (03:33:29):
And why was that?
Dr. Paul Zeizel (03:33:30):
She got a transferred position. It had nothing to do with her patient load or-
Kevin Reddington (03:33:35):
She was transferred?
Dr. Paul Zeizel (03:33:36):
She was transferred.
Kevin Reddington (03:33:37):
Yes. So, as a short period of time, she was transferred. Who was the next person that she dealt with?
Dr. Paul Zeizel (03:33:42):
Rebecca Gelata.
Kevin Reddington (03:33:44):
Did Rebecca Gelata have a particular position? Was she a nurse practitioner?
Dr. Paul Zeizel (03:33:48):
Yes.
Kevin Reddington (03:33:49):
And how long did she deal with Rebecca Gelata?
Dr. Paul Zeizel (03:33:52):
Three appointments.
Kevin Reddington (03:33:53):
And during that period of time with Rebecca Gelata, was she prescribed medication?
Dr. Paul Zeizel (03:33:58):
Yes.
Kevin Reddington (03:33:59):
What was the medication?
Dr. Paul Zeizel (03:34:00):
I believe it was Seroquel.
Kevin Reddington (03:34:01):
How did she react to that?
Dr. Paul Zeizel (03:34:03):
Poorly.
Kevin Reddington (03:34:04):
And as time went by going into the holiday season, Thanksgiving, do you recall what her symptomology and complaints were to the healthcare providers at that point? Whether it be Tufts or Gelata, anybody?
Dr. Paul Zeizel (03:34:15):
Yes.
Kevin Reddington (03:34:16):
What were they?
Dr. Paul Zeizel (03:34:17):
She had many concerns about her health, she wasn't feeling well. She felt out of touch with herself, she felt numb. She experienced disassociation.
Kevin Reddington (03:34:28):
All right, stop right there. What is disassociation?
Dr. Paul Zeizel (03:34:31):
Disassociation is a psychological construct. That means you feel removed from your body, you don't feel in touch with your body. You feel different than the way you normally do. You look back at your life and you say, "Something is wrong with me. I'm not feeling the way I normally do."
Kevin Reddington (03:34:51):
Did she express, for example, when the jurors were looking at the medical records on November 27th of 2022 to Nurse Practitioner Gelata that she felt that she was out of her body and that she had a disassociated state?
Dr. Paul Zeizel (03:35:05):
Yes. And that's sometimes known as a depersonalization. You feel removed from your body, you feel removed. You feel as if you are not in your full body.
Kevin Reddington (03:35:17):
Now at that time, was she also complaining of other symptoms? And to cut to the chase, was she saying that she could not emote? She couldn't feel loved, she couldn't feel happiness, she felt heavy.
Dr. Paul Zeizel (03:35:28):
Yes.
Kevin Reddington (03:35:30):
She couldn't walk, she couldn't bathe, she had difficulty relating to people. Is that fair to say?
Dr. Paul Zeizel (03:35:37):
Absolutely. She couldn't get out of the bed. She had total flattened affect.
Kevin Reddington (03:35:42):
Did she then seek additional help?
Dr. Paul Zeizel (03:35:44):
Yes.
Kevin Reddington (03:35:45):
Where?
Dr. Paul Zeizel (03:35:46):
She went to the, I believe, the emergency room initially at South Shore to go to Mass General.
Kevin Reddington (03:35:54):
And did they prescribe additional medication for her?
Dr. Paul Zeizel (03:35:58):
I believe they did, yes.
Kevin Reddington (03:35:59):
Did she make any expressions to her treating physicians up to this point about, in your opinion, what the medications were doing to her?
Dr. Paul Zeizel (03:36:06):
Yes.
Kevin Reddington (03:36:07):
What did she say?
Dr. Paul Zeizel (03:36:08):
She said she was in a brain fog. The medications were making things worse, they were not helping, they were not helping her.
Kevin Reddington (03:36:18):
Now, as that time went on into the period of Thanksgiving up to around Christmas, did she continue to reach out to people for help, such as suicide hotlines?
Dr. Paul Zeizel (03:36:31):
Yes. She reached out to-
Kevin Reddington (03:36:32):
The answer is yes.
Dr. Paul Zeizel (03:36:33):
Yes.
Kevin Reddington (03:36:33):
Why did she call a suicide hotline?
Dr. Paul Zeizel (03:36:35):
She was worried about killing herself.
Kevin Reddington (03:36:37):
And did she get any help from the suicide hotline?
Dr. Paul Zeizel (03:36:40):
She was turned away.
Kevin Reddington (03:36:41):
How about the second time she called the suicide hotline?
Dr. Paul Zeizel (03:36:44):
She was turned away.
Kevin Reddington (03:36:45):
How about when she went to the Women and Infants program in Rhode Island?
Dr. Paul Zeizel (03:36:50):
They told her she was not a good fit for the program.
Kevin Reddington (03:36:53):
Why?
Dr. Paul Zeizel (03:36:53):
Because she was overly medicated.
Kevin Reddington (03:36:55):
And did she continue to seek help from healthcare providers?
Dr. Paul Zeizel (03:36:58):
Yes.
Kevin Reddington (03:36:59):
And what was the next thing that happened as far as dealing with healthcare providers for Lindsay in her postpartum stage?
Dr. Paul Zeizel (03:37:06):
She went to the Mass General Emergency Room.
Kevin Reddington (03:37:09):
What happened there?
Dr. Paul Zeizel (03:37:10):
On 12/30, she said she needed to go to the hospital. She left the emergency room, she was sent to McLean Hospital in Belmont, it's a Harvard affiliated hospital.
Kevin Reddington (03:37:21):
Now that McLean Hospital, when you say was sent to, they're to say that even though they had to transport her, it was a voluntary commitment?
Dr. Paul Zeizel (03:37:29):
Yes.
Kevin Reddington (03:37:30):
And what was her state of mind that caused her to have a voluntary commitment to the locked wards of McLean Hospital?
Dr. Paul Zeizel (03:37:37):
She was worried about killing herself and she uttered concerns about killing her children.
Kevin Reddington (03:37:42):
How about, did she relate any intrusive thoughts and dark thoughts, things of that nature during this period of time, October, November, December?
Dr. Paul Zeizel (03:37:52):
Yes.
Kevin Reddington (03:37:53):
Tell me about that.
Dr. Paul Zeizel (03:37:54):
She said she had "horrible thoughts." She felt that people could actually hear her thoughts. The thoughts were so loud that strangers could hear them
(03:38:08)
Sometimes-
Kevin Reddington (03:38:09):
Did she express at that point, for example, that she was concerned about school teachers with the Little Sprouts School with the kids, that they could read her thoughts and that she would lose custody?
Dr. Paul Zeizel (03:38:19):
Yes. It's called ideas of reference. You believe other people can hear what you're thinking, and that can have a very negative interpretation for the person believing that, feeling that, and thinking that the outcome is going to be a negative one, that their children may be relieved from their care.
Kevin Reddington (03:38:38):
Now, as it relates to the concept of a psychosis, can you tell me in 25 words or less, what a psychosis is?
Dr. Paul Zeizel (03:38:45):
A psychosis is what's considered a major mental health disorder. It's when people have disorganized thinking, and the symptoms most typically are hallucinations. There are different types of hallucinations. 80% of people with psychosis hear voices. There are different types of voices that one can hear benign, get a glass of water. Benevolent, you're a good person, keep it up. Or malevolent, threatening them, telling them, ordering them to do something horrible, and you believe those voices.
Kevin Reddington (03:39:30):
Now, during that period of time when she got out of the McLean Hospital, what medication was she typed in or getting off of?
Dr. Paul Zeizel (03:39:39):
I believe she's getting off the Seroquel.
Kevin Reddington (03:39:41):
Was she able to do that?
Dr. Paul Zeizel (03:39:44):
Yes.
Kevin Reddington (03:39:46):
Relating back to November 27th with the dissociative state, is that an indicia or is that an indication or harbinger of psychosis?
Dr. Paul Zeizel (03:39:55):
Yes.
Kevin Reddington (03:39:56):
And does a psychosis, is that something that somebody would be suffering from a psychosis for a month at a time, two months at a time, or is that short periods or how does that work?
Dr. Paul Zeizel (03:40:07):
People with psychosis have intermittent symptoms. They can function fine one day, and the next day they can be hearing voices. They could be seeing things, feeling things, smelling things. To be clear, those additional types of hallucinations did not plague Ms. Clancy, she only had auditory hallucinations. But hallucinations are like the waves at the beach, they come and go.
Kevin Reddington (03:40:41):
Is that called waxing and waning?
Dr. Paul Zeizel (03:40:43):
Yes.
Kevin Reddington (03:40:44):
And would you tell me, doctor, in your opinion, is an individual, and we refer to postpartum psychosis, is that a particular affliction that afflicts women that have had babies and they go through a period of postpartum depression and then ultimately postpartum psychosis?
Dr. Paul Zeizel (03:41:01):
Yes.
Kevin Reddington (03:41:03):
Can you tell us, is a person, even if they are in the throes of psychosis, are they able to make a phone call?
Dr. Paul Zeizel (03:41:09):
Yes, they can.
Kevin Reddington (03:41:09):
Are they able to drive a car?
Dr. Paul Zeizel (03:41:10):
Yes.
Kevin Reddington (03:41:13):
Are they able to say, "Hi, Hawaii. I'd like to have a hot dog?"
Dr. Paul Zeizel (03:41:16):
Yes.
Kevin Reddington (03:41:17):
They don't have to look at the unicorn in the corner, right?
Dr. Paul Zeizel (03:41:20):
That's correct.
William Sullivan (03:41:22):
Mr. Reddington, it's 4:00, is this a good time to-
Kevin Reddington (03:41:24):
Sure.
William Sullivan (03:41:26):
All right. So, members of the jury, we're going to recess until tomorrow morning. I would expect our schedule tomorrow will be similar to the schedule that we had today, hopefully without the technology issues. And I'm just going to remind everybody the same instructions. Don't read anything about this case or similar cases, don't talk about it, don't listen to anything. Keep an open mind, go home, have a nice evening. We'll see you tomorrow morning at 9:00. Okay.
Speaker 23 (03:42:00):
All rise, please jurors [inaudible 03:42:02].
William Sullivan (03:42:10):
All right, Doctor, if you want, you may step down.
Dr. Paul Zeizel (03:42:34):
Thank you, Your Honor.
Kevin Reddington (03:42:36):
I hesitate to ask. Can we approach?
William Sullivan (03:42:37):
All right.