Speaker 1: Full trial audio everything hurting court no silences to skip, yes,
Speaker 1: please before the call.
Speaker 2: We have the matter of CommonWell for versus Lindsay Clancy.
Speaker 2: Miss Clancy is present. She is represented by Attorney Kevin Runnington.
Speaker 2: The Commonwealth is represented by Assistant District Attorney Jennifer Sprague
Speaker 2: and Assistant District Attorneys Shannon Buckingham.
Speaker 1: All right, well, good morning, council. Good boarding, miss miss Clancy.
Speaker 1: I'm sorry counts. Before we we've got the view on
Speaker 1: for today. What I'd like to do is talk to
Speaker 1: you about another matter sidebar it just briefly.
Speaker 3: If we could, all right go.
Speaker 4: A hey.
Speaker 2: William Sullivan, Justice, good morning, you're on America. See ye
Speaker 2: bore of the court. Today we have the continuation of
Speaker 2: the jury trial and the matter of Commonwealth versus Lindsay Clancy.
Speaker 2: Ms Clancy is present. She is represented by Attorney Kevin Ruddington.
Speaker 2: The Carmonwealth is represented by Assistant District Attorney Shannon Buckingham
Speaker 2: an Assistant District Attorney Jennifer Sprague.
Speaker 3: All right, well, good morning everyone.
Speaker 1: So what i want to do is, first I'm going
Speaker 1: to ask you those questions. Make sure everybody was able
Speaker 1: to follow my instructions, and then I'm going to discuss
Speaker 1: a little bit about what we're going to.
Speaker 3: Do today in our schedule.
Speaker 1: So first off, the first question, is any member of
Speaker 1: the jury a red scene or her overheard anything from
Speaker 1: any source that would affect your ability to be a
Speaker 1: fair and impartial juror in this case?
Speaker 3: Next question, is there.
Speaker 1: Any other serious matter or concern bearing on your service
Speaker 1: as a jury in this case anybody needs to bring
Speaker 1: to my attention?
Speaker 5: All right, So.
Speaker 1: Again, thank you for following those instructions. And so I
Speaker 1: want to do is just talk a little bit about
Speaker 1: the next part of.
Speaker 3: The trial, which is the view. You hear people talk
Speaker 3: about it.
Speaker 1: Now, I already kind of blew my cover when I
Speaker 1: said I couldn't control the weather. I would have taken
Speaker 1: credit for the fact that it's a beautiful day today,
Speaker 1: But I already told.
Speaker 3: You I couldn't control that, but the view.
Speaker 1: So let me explain kind of what the views give
Speaker 1: you this very brief instruction in regards to that, members
Speaker 1: the jury, you're about to visit and go buy a
Speaker 1: number of places that you've heard testimony about during the trial.
Speaker 3: And the terminology we use for that. As I've said,
Speaker 3: is a view. Now.
Speaker 1: The purpose of the view is to help you better
Speaker 1: understand the evidence that you've heard and we'll hear during
Speaker 1: the trial, and to help you appreciate the location, the
Speaker 1: surroundings about.
Speaker 3: These different areas. All right.
Speaker 1: Now, the view that you're going to take is part
Speaker 1: of the case. The observations that you make while on
Speaker 1: of you may be used by you and considered by
Speaker 1: you in your deliberations in reaching a verdict.
Speaker 3: So you can.
Speaker 1: Consider what you're about to see during the course of
Speaker 1: the view. The places that we're going to go to
Speaker 1: in this case, we're gonna go We're gonna drive to
Speaker 1: the CVS that was described. We're not gonna get out,
Speaker 1: We're gonna see where that is. Then we're gonna drive
Speaker 1: by that restaurant three V I think it's called in Plymouth.
Speaker 3: Drive there.
Speaker 1: Then we're going to go back to the home, which
Speaker 1: is at forty seven Summer Street, and you'll have an
Speaker 1: opportunity to go inside the house.
Speaker 3: You'll go in there with the court.
Speaker 1: Officers, the lawyers, myself, and because it's we've got a
Speaker 1: large jury here, we're probably gonna do is break it
Speaker 1: up into maybe three groups of six, all right, so
Speaker 1: we'll take six and we'll all go down.
Speaker 3: We'll look at different areas.
Speaker 1: The attorneys will point out certain things that they may
Speaker 1: want you to take note of, but you can look at.
Speaker 3: Everything as far as just view it. When you're in there.
Speaker 1: You're not to do any independent research and not to
Speaker 1: kind of open up draws or open up doors or
Speaker 1: anything like that. So the attorneys will give you opportunity.
Speaker 1: We'll give you an opportunity just kind of look around
Speaker 1: and view that. And so after that you're not to
Speaker 1: return to the scene. In other words, after you do this,
Speaker 1: you not to go back. If you have Jesus and
Speaker 1: answered questions or anything like that, you not to go back.
Speaker 1: This is your chance to see these areas in this residence,
Speaker 1: all right. Like I said, you can consider what you're
Speaker 1: about to see as part of the evidence in the case. Now,
Speaker 1: during the trip to and back from these places, you're
Speaker 1: not to discuss the case or anything about it amongst
Speaker 1: yourselves or with anyone. When you're coming back, you're not
Speaker 1: to discuss on the bus, hey we saw that, or
Speaker 1: did you see this? Things like that. That's as they say,
Speaker 1: that's verboten.
Speaker 3: All right.
Speaker 1: You can't talk about that on the way to and
Speaker 1: from and so as they indicate you're gonna be under
Speaker 1: the supervision of the court officers, I'd ask you to
Speaker 1: follow this instruction. Follow their instructions carefully. They're very experienced
Speaker 1: in doing these, and so they they'll help you kind
Speaker 1: of go through this and set up I'll break up
Speaker 1: into those groups and so just so you know, one
Speaker 1: group will six go into the house.
Speaker 3: The others will stay on the bus.
Speaker 1: Okay, and when you're on the bus, you're not to
Speaker 1: discuss the case.
Speaker 3: E geez, I can't wait to see this or that,
Speaker 3: none of that.
Speaker 1: All right, It's probably pretty obvious, but I just kind
Speaker 1: of have to kind of go through those instructions with you.
Speaker 1: And so what we're gonna do now, I'm going to
Speaker 1: excuse you so can kind of get yourselves together.
Speaker 3: We'll bring you back down on the bus myself.
Speaker 1: The attorneys will join you there, and then we will
Speaker 1: I think we're going to go first to the CBS
Speaker 1: in that restaurant first, and then second we'll go to
Speaker 1: that address in Duxbury. All right, okay, thank you, Oh Jesus,
Speaker 1: gott ahead myself. I'm told we have to square in
Speaker 1: the court officers, So I apologize, So the court.
Speaker 6: Officers please come quote and raise the right hand.
Speaker 2: Do each of you solemnly swear that you will take
Speaker 2: this jerry upon the premises in question, and then stop
Speaker 2: them to do the same or any proper place or
Speaker 2: thing bearing upon the issue in this trial as they
Speaker 2: shall think necessary. That you will not permit the parties
Speaker 2: to enter into debate within the hearing of the jury,
Speaker 2: nor any person to speak to them, unless it be
Speaker 2: Assistant District Attorney Jennifer Sprague or Assistant District Attorney Shannon
Speaker 2: Buckingham on part of the Commonwealth, and Attorney Kevin Reddington
Speaker 2: on part of the defendant, and they only to point
Speaker 2: out such places in things that they deem expedient for
Speaker 2: the determination of the issues, And that you will keep
Speaker 2: this jury together until they shall return to the court,
Speaker 2: unless the Court shall otherwise order. So help you God, Thank.
Speaker 3: You all right, so we can take them.
Speaker 7: Thank you all right?
Speaker 3: How do we need anything we need to address before?
Speaker 1: If you all rights who we'll be in recess at
Speaker 1: this time to resume soon as we come back from
Speaker 1: the view, we'll resume the trial.
Speaker 3: Okay, thank you, all right? What's some recess please the
Speaker 3: court room.
Speaker 6: Okays the record.
Speaker 2: We returned back to the matter of Commonwew versus Lindsey Clancy.
Speaker 2: All partties are present, including the defendant, excluding the jury.
Speaker 3: Thank you for that.
Speaker 1: Ready for the jury comma all.
Speaker 8: Right first of course, now it's section please be see
Speaker 8: this kirana.
Speaker 2: For the purpose of the record. We returned back to
Speaker 2: the trial of Commonwealth versus Lindsey Clancy. All potties are present,
Speaker 2: including the defendant and including all eighteen jurors.
Speaker 3: All right, thank you, madam courks of the jury.
Speaker 1: We're now going to return, as I told you before,
Speaker 1: to the Karmwaal's case, and I'll last the calla.
Speaker 3: To call their next witness.
Speaker 6: Come on, well, Mark Anthony Mafia to the sea.
Speaker 5: Well we'll wait and you want to just for the record,
Speaker 5: the same objection and the objections sorry, that keeps okay,
Speaker 5: Thank you, all right, Good morning, sair.
Speaker 3: Al right twenty bucking an please.
Speaker 6: Thank you, Good morning, sir.
Speaker 9: Good morning.
Speaker 6: Could you please tell you the jury your first and last.
Speaker 9: Name, please, yes, Mark Anthony Mafia and how about.
Speaker 6: Spelling your last name for the purpose of the record.
Speaker 10: M A.
Speaker 9: F FEO.
Speaker 6: And where are you employed?
Speaker 9: Sir, Duxbury Police Apartment.
Speaker 6: How long you've been a police officer?
Speaker 9: Twelve years?
Speaker 6: And has your career been with the Duxbury Department? Did
Speaker 6: you work anywhere else?
Speaker 9: I worked in Rockland and Co Acid prior to Duxbury.
Speaker 6: So how long have you been at Duxbury Police tene
Speaker 6: years nine?
Speaker 10: Yes?
Speaker 6: What's your current ranker assignment at the Duxbury Police Department
Speaker 6: patrol sergeant? And I'm going to draw your attention back
Speaker 6: to January of twenty twenty three? What was your assignment then?
Speaker 9: A detective?
Speaker 6: Were you working on January twenty fourth of twenty twenty three?
Speaker 9: I was not. I was called in to work.
Speaker 6: Okay, So who contacted you at the time?
Speaker 9: It was detected Detective Sergeant Jamali.
Speaker 6: And is that the normal course in Duxberry when a
Speaker 6: larger incident or investigation occurs that sometimes you'd be called
Speaker 6: in to work a scene if you're not on shift. Yes,
Speaker 6: and Detector Jamali? Where did he tell you to go?
Speaker 9: Initially was reported? I believe it was forty two Summe
Speaker 9: Street in dux Ray.
Speaker 6: And so do you recall if you went to that location?
Speaker 9: I did.
Speaker 6: When you arrived there was the scene still active, meaning
Speaker 6: there was still kind of ambulances and everything on scene. Yes,
Speaker 6: did you go into.
Speaker 9: The house not at that time.
Speaker 3: No.
Speaker 6: Were you advised when you arrived on scene that one
Speaker 6: of the parties was being sent to the south Shore Hospital?
Speaker 10: Yes?
Speaker 6: And so as a result of that information, what did
Speaker 6: you do?
Speaker 9: I was then tasked with going down to Solcial Hospital.
Speaker 6: Now, when you went to south Shore Hospital, did you
Speaker 6: know the party that was going to be transport there?
Speaker 3: Yes?
Speaker 6: Who was the party that you were going to meet?
Speaker 9: I was advised was the one of the home owners,
Speaker 9: Lindsay Clancy.
Speaker 6: And you later became aware that the home at forty
Speaker 6: seven Summer Street was the home of Patrick and Lindsay Clancy. Correct,
Speaker 6: that's correct. And again you were also later made aware
Speaker 6: that they had the three children.
Speaker 10: Correct.
Speaker 6: Were you advised of where the three children were?
Speaker 10: Yes?
Speaker 6: And how about the husband? Were you advised of where
Speaker 6: Patrick Clancy was? I was As far as the people
Speaker 6: transported to Selshaw Hospital, you came to learn that only
Speaker 6: Lindsay Clancy was sent to that location. Correct, that's correct.
Speaker 6: Did you expect somebody else to be arriving there?
Speaker 9: Initially? Before I had left the residence? It was a
Speaker 9: little bit of confusion. They thought that the husband was
Speaker 9: also being transported to Celshore and.
Speaker 6: At some point where you later advised that that ambulance
Speaker 6: was turned around and sent to Beth Israel and Plymouth.
Speaker 10: Correct.
Speaker 6: So when you were at the Selshare hospital, did you
Speaker 6: have an opportunity to observe Lindsay Clancy?
Speaker 3: I did?
Speaker 6: And what condition when she when she you observed her
Speaker 6: at Social Hospital.
Speaker 9: She appeared sedated and unconscious with several lacerations to her
Speaker 9: arms and neck.
Speaker 3: I have no objections.
Speaker 6: My approach to whatness more photographs I take a look
Speaker 6: at those. Do you recognize the individual these photographs?
Speaker 3: I do?
Speaker 11: And were you primate of these photographs were taken?
Speaker 9: I don't recall, okay, as.
Speaker 6: Far as the condition that the person in these photographs was, again,
Speaker 6: do you recall this to be a fair and accurate
Speaker 6: representation of what.
Speaker 3: She looked like? Yes, the next work those may be admitted.
Speaker 6: Sur If I could just draw your attention to the
Speaker 6: screen aside you, I'm showing you now what's been marked
Speaker 6: is exhibit one ten, and it was the individual depicted
Speaker 6: in this photograph, Lindsay Clancy. And those are the injuries
Speaker 6: that you observed that day of her on her neck,
Speaker 6: correct and showing you on the screen what's been marked
Speaker 6: is exhibit number one eleven. Again, is that Lindsay Clancy? Yes,
Speaker 6: and that you observed on January twenty fourth on.
Speaker 9: Her neck correct?
Speaker 6: And one twelve Exhibit one twelve In the middle of
Speaker 6: this photograph with an arm extended, there are some cuts
Speaker 6: in a cut in the middle. Did you observe those
Speaker 6: on January twenty fourth as well?
Speaker 10: I did?
Speaker 6: And finally exhibit one thirteen that would be the other.
Speaker 3: Arm.
Speaker 6: Did you observe those cuts to that ar?
Speaker 3: Yes.
Speaker 6: Now, in addition to observing her at Sushore Hospital, did
Speaker 6: you do anything to collect potential evidence that day?
Speaker 3: I did?
Speaker 6: And what did you do?
Speaker 9: I gathered I believe they were already had been removed
Speaker 9: from the hospital staff clothing, pants, shirt, I believe it
Speaker 9: was a scarf and wedding bands.
Speaker 6: Can I approach again you seven thirtographs if you could
Speaker 6: take a look at those. Are these sex photographs familiar
Speaker 6: to you or the items infected in these photographs familiar?
Speaker 10: Yes?
Speaker 3: Objection?
Speaker 12: I have object any of the photographs they may be admitted.
Speaker 6: Which would be one fourteen to seven.
Speaker 10: Thank you.
Speaker 3: Thank you, madam.
Speaker 6: Report Now, sir, the items that you then collected, you
Speaker 6: said that they were provided to you. Who gave them
Speaker 6: to you?
Speaker 9: It was one of the hospital staff, okay.
Speaker 6: And so in examining those you would agree that those
Speaker 6: items have been cut off of the individual.
Speaker 10: Correct.
Speaker 6: And so after taking custody of those particular items, did
Speaker 6: other law enforcement arrive at Sushare Hospital?
Speaker 3: Yes?
Speaker 6: And who arrived.
Speaker 9: Tripper Lawlor from the mass A Police and Asolo Piede
Speaker 9: from the Dutch Ray Police.
Speaker 6: And again you had been at the scene at forty
Speaker 6: seven Summer Street, correct, Correct, And then you went to
Speaker 6: Soelfshaal Hospital. Were other members of the Duxbury department at
Speaker 6: the Summer Street address and at other locations during the
Speaker 6: time you were at the hospital?
Speaker 9: I would believe so, but I'm not positive.
Speaker 6: And were you aware that the State Police had become
Speaker 6: involved in this case?
Speaker 3: Yes?
Speaker 6: And based on your experience as a Duxbury officer, do
Speaker 6: you sometimes work in tandem with the state Police on
Speaker 6: certain types of investigations.
Speaker 10: We do.
Speaker 6: And so when Trooper Lawler arrived at the hospital, did
Speaker 6: you turn over these items to him?
Speaker 10: I did?
Speaker 6: Now, in the time that you were at the Self
Speaker 6: Shore Hospital. Did you have the opportunity to speak at
Speaker 6: all with Lindsay Clancy and the time that you observed her,
Speaker 6: was she responsive at all? Was she in custody at
Speaker 6: that point?
Speaker 9: I would say yes, Well.
Speaker 6: Let me ask you this as far as when a
Speaker 6: person is placed in custody, usually advised them that they
Speaker 6: are corracts correct.
Speaker 7: Saying that he's not sure.
Speaker 3: Absolutely, Yes, that's.
Speaker 6: When you when you when your department has somebody in custody,
Speaker 6: is it protocol to have an officer stay with that individual?
Speaker 10: Yes?
Speaker 6: And in this case, was somebody assigned to stay with
Speaker 6: Lindsay Clancy? Yes, at the time you were at the hospital,
Speaker 6: was at your role?
Speaker 3: Yes?
Speaker 6: At some point if someone else from your department come
Speaker 6: to keep watch? Yes, who was that person?
Speaker 9: I believe it was also Lapard? I know also Broader
Speaker 9: was also assisting. I can't recall if he arrived at
Speaker 9: the hospital as well.
Speaker 6: Okay, but you recall officer Lapard.
Speaker 9: Yes.
Speaker 6: And once the scene was secured at Selsher Hospital, did
Speaker 6: you leave?
Speaker 3: I did?
Speaker 6: And where did you go?
Speaker 9: Back to the address in Duxbury.
Speaker 6: And that would be forty seven Summer Street correct. I
Speaker 6: think you might have said forty two at one.
Speaker 9: Year, right, yeah, forty seven.
Speaker 6: And at the residence at forty seven Summer Street. Did
Speaker 6: you assist other Dexbury offices in securing the scene upon
Speaker 6: the arrival of the crime scene services? Were you present
Speaker 6: when the massachusettsts Police detectives Une executed a search war
Speaker 6: at forty seven Summer Street and was that kind of
Speaker 6: later that night into the early morning hours of the
Speaker 6: twenty fifth Yes, I have no further questions, thank you.
Speaker 3: That would just introduced those.
Speaker 8: Yeah, money, money, I've got a couple of other photographs
Speaker 8: that I'd like to just since you were at the hospital.
Speaker 3: And so short, if I could, sure.
Speaker 8: Uh, that's condition was when you went in the hospital,
Speaker 8: and so I heard, I don't recall those being honored like,
Speaker 8: so I would offer that if.
Speaker 12: I could, any objections maybe we approached sure out right?
Speaker 12: That may be admitted? Yeah, sure, yeah, if you want
Speaker 12: to do that.
Speaker 8: At some point I had a chance to take a
Speaker 8: look at her face, I imagine, sir correct?
Speaker 10: Is that fair inaccurate depiction?
Speaker 9: Yes, and she was unconscious at that point she did.
Speaker 10: That's correct.
Speaker 3: What about this, Jim, that may be admitted?
Speaker 8: And this you said that there were some cuts on
Speaker 8: her wrist, yes, if they're inaccurate depiction correct, and cuts
Speaker 8: on the neck as well, correct, and.
Speaker 3: From the other side of the front.
Speaker 1: Yes, okay, thank you, Jess, Like those photos may be admitted,
Speaker 1: thank you.
Speaker 3: And I'm just showing you another exhibit.
Speaker 8: This would have already been introduced into evidence, and this
Speaker 8: would be is it at one twelve?
Speaker 7: And this would also depict the area of the of
Speaker 7: the wrist. Is that correct?
Speaker 9: Correct?
Speaker 3: The cut was.
Speaker 7: Likewise also shows the cuts on the.
Speaker 3: Neck, is that correct?
Speaker 10: Correct?
Speaker 8: Now, when you went to the house, you were a
Speaker 8: detective at this point correct, correct, And obviously you're working
Speaker 8: in tandem at this time with the state police.
Speaker 3: They were also investigating.
Speaker 10: Right, correct, But you were the detective for the.
Speaker 9: Town of Duxbury, one of them, yes.
Speaker 8: One of them, okay. And one of the things Console
Speaker 8: had asked you about was the clothing that Lindsay was wearing,
Speaker 8: and it was cut off right, correct.
Speaker 7: So I'm just going to show you and ask if
Speaker 7: this appears to be a fair and.
Speaker 8: Accurate depiction rendition for example, one of her items clothing, Yes, okay,
Speaker 8: Well I don't know that's so I'm just going to
Speaker 8: just make sure it's in that's all.
Speaker 3: Does that show that there's blood on that item of clothing?
Speaker 9: Not that I see?
Speaker 8: Okay, it would be some type of residue of paint
Speaker 8: or something on the clothing if you.
Speaker 9: Recall, I don't recall.
Speaker 8: Now, did you notice on the pants any blood on
Speaker 8: the jeans?
Speaker 9: Well, if you recall, I don't recall.
Speaker 7: Now, how about the I guess it would be the top.
Speaker 3: That was worn. You notice any blood on that? Now?
Speaker 10: Was there a bra that.
Speaker 7: Was cut off?
Speaker 8: If you recall, yes, there was, and the blood seeped
Speaker 8: through the clothing into the into the briar itself.
Speaker 9: That correct, correct?
Speaker 3: And that would be obviously from.
Speaker 7: Outs side the clothing and then into the breath that
Speaker 7: was being worn.
Speaker 10: Right.
Speaker 9: Correct?
Speaker 3: That often he is juris agen.
Speaker 6: They're already in evidence. They've been marked, so I don't
Speaker 6: see this necessary mark them again, they're the same photographs.
Speaker 8: Well, I'll trust the representation there in evidence.
Speaker 7: I don't want to blow the court.
Speaker 8: So if they were already in evidence, then that's good.
Speaker 8: The bottom line is that you do agree that there
Speaker 8: was certainly blood on the interior and exterior clothing that
Speaker 8: she was wearing, right, that's correct. It also agree, sir,
Speaker 8: that there was blood in the area from the outside
Speaker 8: of the backyard, directly underneath the window.
Speaker 7: Is that correct? You agree with that if you remember
Speaker 7: looking at it.
Speaker 9: That is correct, the ground, the snow.
Speaker 8: And the leaves that were underneath it. Of course there
Speaker 8: are a lot of people walking around. You couldn't see
Speaker 8: the blood, correct, directly underneath the window, right the back window.
Speaker 7: You noticed, led it was on the.
Speaker 8: Window sill itself on the second floor, one hand one
Speaker 8: mark on.
Speaker 7: That window ledge.
Speaker 8: Yes, we also noted and led that at some point
Speaker 8: had gone onto the two shingles that were in.
Speaker 3: The area underneath that ledge underneath that window, right correct,
Speaker 3: And off of the blood on the floor on the
Speaker 3: ground with the ant documents, doct that may be admitted.
Speaker 10: Thank you.
Speaker 8: Now, the state police went and got a search word right, correct.
Speaker 8: And you were there when they were searching.
Speaker 10: Correct.
Speaker 8: You guys were helping out obviously it was a group
Speaker 8: effort to search the house for relevant or material evidence.
Speaker 10: Right correct. Now.
Speaker 8: One of the things that was seized were pill bottles,
Speaker 8: Is that right?
Speaker 10: Correct? You know why they were seized? Did you seize
Speaker 10: any pill bottles?
Speaker 8: I did not, Were you there when the state police
Speaker 8: seized the pill bottles.
Speaker 3: I wasn't.
Speaker 8: Do you recall that the pill bottles were seized from,
Speaker 8: for example, in the kitchen you opened up a cabinet
Speaker 8: and they were right on a bunch of them, blind
Speaker 8: up on a shelf.
Speaker 9: I can't attest to that. I wasn't present for that.
Speaker 3: When I ask you this, where did they get the
Speaker 3: pill bottles from?
Speaker 9: You'd have to ask them. I wasn't there when they
Speaker 9: seized the bottles.
Speaker 3: You weren't there.
Speaker 9: I wasn't in that room. We were in multiple rooms
Speaker 9: at a.
Speaker 8: Time, so I maybe I may stay corrected. I'm sorry
Speaker 8: if I thought I asked you if you were there
Speaker 8: when the state police was seizing the bottles, and I thought.
Speaker 3: You said you were.
Speaker 9: I was in the house.
Speaker 10: Correct, in the house, but you weren't there when they
Speaker 10: were seizing it. How about up in the bedroom. Did
Speaker 10: you go up in the bedroom? I did?
Speaker 8: Did you observe the blood on the floor ido?
Speaker 3: Yes?
Speaker 10: Correct?
Speaker 8: And when you went into the bedroom you made observations
Speaker 8: as a detective?
Speaker 7: Certainly?
Speaker 3: Yes?
Speaker 8: Does this appear to be a fair accurately rendition of
Speaker 8: the floor blood drops on the floor?
Speaker 3: It?
Speaker 8: Yes, this is a indication of the bed itself, the
Speaker 8: right side of the bed.
Speaker 7: Additional blood that was located.
Speaker 8: On the floor next to the boots just appeared to
Speaker 8: be the night stand that was next to the bed.
Speaker 9: It doesn't.
Speaker 8: And do you see what's on top of the night skin? Yes,
Speaker 8: but what's on top of the night stand.
Speaker 9: There's two cups, a knife looks like a jar or something,
Speaker 9: and maybe a.
Speaker 7: Clock also blood drops.
Speaker 3: Correct.
Speaker 8: This is a additional photograph moving father down.
Speaker 7: Towards the right side of the bed.
Speaker 10: Correct.
Speaker 8: This is a close up of the knife that was
Speaker 8: on the night stand as well as the little cup
Speaker 8: that was near and something that says deep sleep pillow spray.
Speaker 3: You see that, yep?
Speaker 10: And that was on the on that top of.
Speaker 7: The furniture correct.
Speaker 10: Correct.
Speaker 8: This again is an area depicting areas of clothing. It
Speaker 8: looks like a little headband, a wire perhaps the tragic phone.
Speaker 3: And let on the floor.
Speaker 10: Correct.
Speaker 7: And this shows the location of the bed.
Speaker 8: Additional photograph of the blood towards the end of the
Speaker 8: bed and also the area of the window right.
Speaker 3: Went off of these.
Speaker 6: Jet to that photograph.
Speaker 3: Can I see council in regards that may be admitted.
Speaker 7: Different angle.
Speaker 8: But basically the boots that I already showed you in
Speaker 8: the blood showing that the blood kind of follows through
Speaker 8: along the edge of the bed, the furniture and then up.
Speaker 3: To the wall.
Speaker 10: Was there also, like.
Speaker 7: If you one of those full length.
Speaker 9: Mirrors, I don't go.
Speaker 3: In that all right, those pictures may be admitted.
Speaker 10: So you had nothing willing.
Speaker 3: To take a council mock these.
Speaker 7: So you had nothing to do with the seizure or
Speaker 7: the models.
Speaker 8: Correct, Yeah, you don't have a memory of looking in
Speaker 8: the cabinet in the kitchen and seeing a number of
Speaker 8: journals or spiral bound notebooks and books.
Speaker 10: Correct?
Speaker 8: Was that pretty much the extent of your involvement with
Speaker 8: this case that night?
Speaker 9: That night, guess?
Speaker 8: And you really didn't get involved with any further investigation
Speaker 8: on this matter as far as seizing evidence except for
Speaker 8: what you testified to.
Speaker 9: Right, we did seize I located a laptop in the
Speaker 9: hallway closet, okay, and that was I believe sees by
Speaker 9: the state police as well.
Speaker 8: Okay, anything else you recall how about do you remember.
Speaker 7: And you guys are searching or you watched the state
Speaker 7: plice search.
Speaker 2: Did they open up the.
Speaker 10: Row to the nice stand that was next to the bed,
Speaker 10: the number of.
Speaker 7: Toad bottles in it.
Speaker 9: Again, I wasn't present when that was taken, so I
Speaker 9: can't attest to that.
Speaker 13: I don't recall, Okay, Bucket, you redirect.
Speaker 6: Sure when you were at the hospital with Lindsay Clancy
Speaker 6: with the defendant, were the medical staff in the emergency
Speaker 6: department actively treating the wounds to her neck and her wrists?
Speaker 9: No, they were not.
Speaker 6: And when you came back to the home at forty
Speaker 6: seven Summer Street to secure the scene and wait for
Speaker 6: crime scene services, nobody went into the house that didn't
Speaker 6: need to be there before crime scene service, is correct?
Speaker 9: Correct?
Speaker 6: And that in your experience? Is that normal?
Speaker 3: Yes?
Speaker 6: And so were you present when any of the photographs
Speaker 6: that were shown to you by defense council were taken?
Speaker 9: I don't believe so.
Speaker 6: Okay, So your testimony today about those photos is your
Speaker 6: best memory of what the scene looked like at that time?
Speaker 6: And as far as your role in the search warrant execution,
Speaker 6: fair to say there were quite a number of State
Speaker 6: Police Duxbury officers as well as crime scene troopers un
Speaker 6: scene in the house during that and each person did
Speaker 6: they have their own kind of role in what they
Speaker 6: were doing. Correct, And did you kind of stay to
Speaker 6: your area?
Speaker 10: Yes?
Speaker 6: And you indicated that you found only found a laptop
Speaker 6: in the first floor closet, correct, Correct, And so any
Speaker 6: of the other manners in which the rooms were searched
Speaker 6: you were not a part of. Correct, Thank you nothing
Speaker 6: for them.
Speaker 8: You didn't have to stay to the area as a
Speaker 8: detective in the Duxbury Police department, did you, correct? So
Speaker 8: you were able to go and assist with the search
Speaker 8: and go into the different rooms and look for potential evidence.
Speaker 14: Right, that's correct?
Speaker 8: And do you remember approximately how many Duxbury Police officers
Speaker 8: were in or about the house, either outside on the porch,
Speaker 8: on the deck house, downstairs upstairs?
Speaker 9: I don't it.
Speaker 3: Would it be more than ten?
Speaker 9: No, I wouldn't say more than ten.
Speaker 10: How about State police?
Speaker 3: You remember how many they were?
Speaker 10: Of them? So all told?
Speaker 8: When you considered that the Sheriff's department wasn't there too?
Speaker 10: Were they?
Speaker 3: If you recall, sometimes they send them to take pictures.
Speaker 3: I don't know if they Okay?
Speaker 8: Would you agree that they were probably more than ten
Speaker 8: officers from State police and Duxbury Police that would be
Speaker 8: doing this investigation? Correct, all right, a number of police
Speaker 8: cruisers and then you have perhaps just asking the yellow tape,
Speaker 8: you know, crime scene, don't pass it.
Speaker 10: And all that.
Speaker 8: Now, if I was, for example, to show up and
Speaker 8: pull up in my car and get out, and they're
Speaker 8: not gonna let me wander in the house and look around,
Speaker 8: are they correct? I mean that's just for law enforcement
Speaker 8: officers only until they clear the scene. Correct, that's after
Speaker 8: they execute their search warrants and find whatever evidence is
Speaker 8: relevant in their opinion, correct that they seize, right, Yes,
Speaker 8: once the scene is clear, then people are able to
Speaker 8: go back into the home.
Speaker 3: Right.
Speaker 8: And you don't know I would imagine when they cleared
Speaker 8: the scene. Correct, Thank you, that's all weird.
Speaker 13: Anything on that, all right, thank you, sir, Thank you,
Speaker 13: Thank you.
Speaker 3: Three Bucky please.
Speaker 13: Olright, good afternoon, sir, afternoon, sir, all right, three Bucky
Speaker 13: and polease, thank.
Speaker 6: You, good morning, good morning. Could you please tell the
Speaker 6: juris your first.
Speaker 11: And last name Richard Lepard and.
Speaker 6: Can you spell your last name for the record.
Speaker 11: L ipp aar D.
Speaker 6: And how you employed?
Speaker 11: I worked for the Duxbury Police Department.
Speaker 6: And how long have you been a police officer?
Speaker 11: Six and a half years?
Speaker 6: Have you worked for Duxbury the entire time or did
Speaker 6: you work.
Speaker 11: Some police house the entire time?
Speaker 6: What's your current assignment at the Duxbury Police patrolman? Back
Speaker 6: in January of twenty twenty three, were you also on
Speaker 6: patrol then, yes, ma'am. Were you working the day of
Speaker 6: January twenty fourth, twenty twenty three, Yes, At some point
Speaker 6: while you were on ship that day, were you you
Speaker 6: asked to assist in an ongoing investigation for an incident
Speaker 6: that occurred at forty seven Summer Street in Duxbury.
Speaker 11: Yes, I was called back in.
Speaker 6: You were called back in?
Speaker 11: Yep?
Speaker 6: Had you finished your shift?
Speaker 11: Yes, ma'am.
Speaker 6: And so where were.
Speaker 11: You asked to go to the police department?
Speaker 6: When you came to the police department, where did they
Speaker 6: direct you to go? As far as the investigation went?
Speaker 11: South Shore Hospital in Weymouth.
Speaker 6: And so when you arrived at Solfshare Hospital, was there
Speaker 6: already another Duxberry officer.
Speaker 11: There, Detective Mafia was there?
Speaker 10: Okay?
Speaker 6: And what was the purpose of you going to south
Speaker 6: Shore Hospital.
Speaker 11: To overwatch the person in custody?
Speaker 6: Okay? And did you learn who that person was?
Speaker 10: Yes?
Speaker 6: And fair to say that individual was a woman by
Speaker 6: the name of Lindsay Clancy Crackt.
Speaker 3: Yes.
Speaker 6: What were your observations of her when you were at
Speaker 6: south Shore Hospital?
Speaker 11: She seemed to be sedated, not speaking or anything on
Speaker 11: the hospital bed, just laying there.
Speaker 6: And excuse me, when you were there or during the
Speaker 6: time that you were there, did you ever have any
Speaker 6: conversation with her?
Speaker 3: No?
Speaker 6: Did she remain unresponsive during the time that you were there?
Speaker 10: Yes?
Speaker 6: And were you also there when somebody came in and
Speaker 6: took some photographs of her?
Speaker 11: I do not recall.
Speaker 6: Were medical staff tending to her during the time that
Speaker 6: you were with her?
Speaker 10: Yes?
Speaker 6: Where in the Soelshire hospital was this the emergency department
Speaker 6: or someplace else?
Speaker 11: Emergency department?
Speaker 6: And shortly after you were there observing her, did she
Speaker 6: or did the doctors indicate she was going to be
Speaker 6: transported someplace else?
Speaker 3: Yes?
Speaker 6: Where was she going to go?
Speaker 11: That she was going to be med flighted to the
Speaker 11: Brigham in Boston.
Speaker 6: And other than yourself or other law enforcement and medical staff,
Speaker 6: did anyone speak with her at the Soelshore Hospital?
Speaker 11: No?
Speaker 6: And when she was transported to the hospital and Boston,
Speaker 6: did you go along with the transport?
Speaker 3: Yes?
Speaker 6: Do you remember how she was transported.
Speaker 11: It was a medlight helicopter, so you.
Speaker 6: Wrote in the helicopter with her.
Speaker 10: Yes.
Speaker 6: And when you arrived at the Brigham in Boston, where
Speaker 6: did she go there?
Speaker 11: She went to the emergency room.
Speaker 6: Did you remain with her during that time period?
Speaker 10: Correct?
Speaker 6: And was there anyone else with you at the Brigham
Speaker 6: with her?
Speaker 11: Off, Sir Broderick, And.
Speaker 6: So the two of you were what was your role.
Speaker 11: Just to overwatch and stay with.
Speaker 6: Her at any point when you were with her at
Speaker 6: the Brigham did she ever was she ever awake or responsive?
Speaker 11: No, not to my knowledge.
Speaker 6: And how long were you at the Brigham with her?
Speaker 11: About fifteen to sixteen hours, okay.
Speaker 6: So fair to say it was over the course of
Speaker 6: that night until the next morning, Yes, ma'am. Over the
Speaker 6: course of the night and the next morning. Do you
Speaker 6: observe her medical status change?
Speaker 11: There was some type of medical code during the nighttime.
Speaker 11: I'm not sure what it was.
Speaker 6: Okay, But you were present in the room when that happened.
Speaker 11: Yes, we were outside the room outside.
Speaker 15: Ye.
Speaker 6: And the next morning, when your shift concluded, did somebody
Speaker 6: else from the Duxbury Police Department come and relieve you?
Speaker 11: Yes?
Speaker 6: During the time that you were there did anyone besides
Speaker 6: medical staff or the law enforcement officers that you were
Speaker 6: with interact with the defendant. No, thank you nothing for that.
Speaker 3: It's ready money.
Speaker 8: Afternoon, So young man working for the town of Duxbury.
Speaker 8: And you were detailed to the home initially correct, No, sir,
Speaker 8: you didn't go to the house at all, No, sir, okay,
Speaker 8: you went directly to Self Shore.
Speaker 3: Correct.
Speaker 8: And when you were at south Shore, your purpose was to,
Speaker 8: as you say, overwatch Well, that basically is, she was
Speaker 8: in custody at that point, right, correct. So one of
Speaker 8: your obligations was is to, I guess, guard the unconscious person,
Speaker 8: to make sure what to do, what, just to stand there, correct, okay,
Speaker 8: And you did in.
Speaker 10: The South Shore hospital, right, yes, sir.
Speaker 8: And you made your observations of her bandage or whatever
Speaker 8: laying in the bed and.
Speaker 3: She was not conscious correct.
Speaker 11: Correct.
Speaker 8: And at some point the decision was made medically that
Speaker 8: they were going to have her med flighted to the
Speaker 8: Boston hospital bring him a woman's right correct.
Speaker 3: And that was by way of the helicopter.
Speaker 11: Yes, sir, you had a.
Speaker 8: Helicopter ride into Boston with her, right, Yes, sir, you
Speaker 8: were over watching her in the helicopter again, right, Yes,
Speaker 8: she still had not gained consciousness at all. Correct, She
Speaker 8: wasn't talking to you or medical staff or anybody.
Speaker 10: Right, correct.
Speaker 8: He was already had the tubes and stuff in her
Speaker 8: mouth coming out. She was bandaged up and wrapped up
Speaker 8: and basically laying down in the gurney in the helllicopter.
Speaker 11: Right, yes, sir.
Speaker 8: So once she gets to Brigham and Women's Hospital, they
Speaker 8: bring her into the emergency room, right, yes. And that
Speaker 8: room was loaded with equipment, boxes, wires, tubes, buzzing beeps, lights,
Speaker 8: things of that nature, right, Yes, life saving equipment that
Speaker 8: was in there, right, Yes, very small room, wasn't it.
Speaker 10: Yes, kind of had to maneuver.
Speaker 11: There was enough space for the medical staff to maneuver,
Speaker 11: all right.
Speaker 8: And how many police officers were over watching the unconscious
Speaker 8: person while she was in the emergency room and Bringham
Speaker 8: a woman too, That would be you and the other
Speaker 8: officer from Duxbury, Yes, sir. At what point did the
Speaker 8: state police officers arrive in the hospital.
Speaker 11: I don't recall them coming to the hospital.
Speaker 3: Did you ever see state police in the hospital.
Speaker 11: Possibly at South Shore Hospital, but not in Boston.
Speaker 8: So you're in Brigham and Women's off of the helicopter
Speaker 8: into the emergency room for a day, is that correct?
Speaker 10: Correct?
Speaker 11: Sixteen hours?
Speaker 10: Did you go back there again after.
Speaker 11: That day to subshore hospital.
Speaker 8: No, Brigham a women's hospital, No, So you're limited to
Speaker 8: the time that you were there as to you and
Speaker 8: your brother officer were there in the room with her, correct, Yes,
Speaker 8: and a number of nurses and doctors, right, Yes, you
Speaker 8: had to say it was pretty much it was chaos.
Speaker 3: It was pretty It was.
Speaker 10: Like bedlamb in that room, wasn't it?
Speaker 11: Yes, very busy.
Speaker 8: And you don't remember any other police officers. How about
Speaker 8: internal police officers from Brigham and Women's Hospital?
Speaker 10: Do you recall them being there?
Speaker 11: There may have been security, but I do not recall.
Speaker 8: So is it your testimony that you do not recall
Speaker 8: any other police being in that room or outside the
Speaker 8: room when you were.
Speaker 11: There, correct?
Speaker 8: Now, at some point police were detailed, if you know, oh,
Speaker 8: to sit outside the room to guide the door, is
Speaker 8: that correct?
Speaker 3: Yes? And what were you guiding against actually overall.
Speaker 11: Anybody coming to visit, right, because.
Speaker 10: Nobody was allowed to visit right?
Speaker 3: Correct?
Speaker 8: And then while you were there in the early morning,
Speaker 8: I was about two twenty four or something like that.
Speaker 3: There was, as you said to the jury of code right. Yes.
Speaker 8: And again that kind of amped up the bedlamb at
Speaker 8: that point, didn't it, Yes, sir, with people running from
Speaker 8: all over, and you could hear on the microphone code
Speaker 8: blue with the room being identified, right, yes, and that
Speaker 8: meant that she was dead or dying right.
Speaker 11: Yes.
Speaker 10: She was chained to the hospital bed too, wasn't she.
Speaker 11: I do not recall her being handcuffed? No, sir.
Speaker 3: Do you recall when you left? Yes?
Speaker 11: The next morning around ten from what I remember.
Speaker 10: Okay, And you were relieved by.
Speaker 11: Who Officer Daily from the Duxbury Police Department and Officer
Speaker 11: Johnson from the Duxbury Police Department.
Speaker 8: All right, so you've got two Duxbury Police officers. And
Speaker 8: do your memory with any other law enforcement officers?
Speaker 11: Not with them?
Speaker 10: No, how about on their own?
Speaker 8: Did you observe other law enforcement officers come in that
Speaker 8: room or outside the room?
Speaker 3: No, sir, And then you that was the end of
Speaker 3: your shift and you left, yes, sir? Okay, thank you, sir.
Speaker 3: Counsel think further, all right, thank you, sir, Thank you.
Speaker 6: Come off.
Speaker 15: Calls Doctor Mark Kenowitz.
Speaker 7: For the record. Object this.
Speaker 3: Circumstances.
Speaker 15: Do you want to go to sidebar.
Speaker 13: Hy trees bray concern, thank you Anna, lots of stuff,
Speaker 13: Cadethnue doc half you answer Hi, May yes, please, thank you,
Speaker 13: good afternoon.
Speaker 16: Could you please state and spell your name for the
Speaker 16: record mark Joseph Tanarowitz, M A R K J O
Speaker 16: S E P H T E N E R O
Speaker 16: W I c Z.
Speaker 15: And what is your date of birth star to twenty
Speaker 15: eight sixty nine? What do you do for a living?
Speaker 17: I was an emergency physician. I'm currently not acting as
Speaker 17: an emergency physician.
Speaker 15: What do you currently do?
Speaker 17: I do disability review for the Day Rhode Island.
Speaker 15: And so directing your attention back to January of twenty
Speaker 15: twenty three, were you an emergency room physician at that time?
Speaker 3: Yes? I was?
Speaker 15: And where did you work? Beth Israel, Deaconess Plymouth And
Speaker 15: could you briefly describe for the jurors your educational background
Speaker 15: and the training that you underwent to qualify to be
Speaker 15: an emergency room physician.
Speaker 17: I did my undergraduate education at Trinity College. I did
Speaker 17: a one year postbacalaureate pre medical program at Bremmar College.
Speaker 17: I then got my medical degree from Brown University, and
Speaker 17: I did my residency in emergency medicine at UMSS Memorial
Speaker 17: in Worcester.
Speaker 15: And when you finished your education and training, did you
Speaker 15: work in emergency care after that point up until you've
Speaker 15: changed positions? In directing your attention to January twenty fourth,
Speaker 15: twenty twenty three, were you working in the evening hours
Speaker 15: that day?
Speaker 18: I was?
Speaker 15: And at some point in time did you treat a
Speaker 15: child named Dawson Clancy?
Speaker 10: Yes?
Speaker 15: How did he arrive at.
Speaker 11: The hospital here?
Speaker 17: Arrived by Fire department ambulance?
Speaker 15: And when he arrived were you given a summary of
Speaker 15: his injuries by emergency personnel?
Speaker 3: Yes?
Speaker 15: What did you learn at that time?
Speaker 17: I was told that he reportedly had been strangled, and
Speaker 17: he was found without a pulse and not breathing.
Speaker 15: And what observations did you make of Dawson yourself?
Speaker 3: When he arrived?
Speaker 17: He had a breathing tubein they had placed a device
Speaker 17: into the bone of his leg to give him intravenoce
Speaker 17: fluids and medicines CPR was in progress. He was not
Speaker 17: breathing on his own, and and he had no pulse
Speaker 17: and I was not responding.
Speaker 15: And after quote straight, did you observe any trauma to
Speaker 15: his body.
Speaker 17: I believe there were some old appearing bruises on his legs,
Speaker 17: and there was some ruptured blood vessels on his face.
Speaker 15: And did you observe anything in the area of his neck,
Speaker 15: not that I can recall. And what did you do
Speaker 15: to treat Dawson.
Speaker 17: We continued CPR, We continued to give him ivy fluids.
Speaker 17: We gave him doses of adrenaline to try and restart
Speaker 17: his heart. We confirmed that the breathing tube was in
Speaker 17: the right position. We eventually gave medicines to treat the
Speaker 17: presumed acid build up in his blood. We gave him
Speaker 17: calcium to make sure that his heart would if it
Speaker 17: started again, would beat effectively.
Speaker 10: And that's what we did.
Speaker 15: And how did you go about making sure that the
Speaker 15: breathing apparatus was in place properly?
Speaker 17: Basically four ways. We detected carbon dioxide in the air
Speaker 17: coming out of his lungs, which usually just comes from
Speaker 17: the lungs. I listened and could hear breath sounds. I
Speaker 17: looked with a video lorynge scope to confirm that the
Speaker 17: tube was between the vocal cords going into the lungs.
Speaker 9: And we didn't X ray and when.
Speaker 15: You say you were hearing breath sounds, was that him
Speaker 15: breathing on his own or something else breathing for him?
Speaker 17: That it was someone breathing for him, squeezing the bag
Speaker 17: attached to the breathing tube, And.
Speaker 15: So that the breath sounds you heard just confirmed that
Speaker 15: whoever was squeezing the bag mask bag valve mask, the
Speaker 15: air from that was going into the lungs and then
Speaker 15: coming carbon dix grost coming out.
Speaker 9: He was not breathing spontaneously.
Speaker 3: Okay.
Speaker 15: And are you while all of this is happening, are
Speaker 15: you continuing to assess him in his condition?
Speaker 10: Yes?
Speaker 15: And what were your assessments?
Speaker 17: So we would stop periodically every several minutes to very
Speaker 17: briefly check to see if he was breathing on his
Speaker 17: own or if he had a pulse, and he was not.
Speaker 17: At any point. At one point towards the end of
Speaker 17: the resuscitation, I used an ultrasound to determine if his
Speaker 17: heart was being effectively and there was no.
Speaker 10: Evidence of that.
Speaker 15: And based on your training and experience, at some point
Speaker 15: in time, did you make a determination that your efforts
Speaker 15: weren't going.
Speaker 6: To be successful?
Speaker 17: I did, based on the time from when resuscitative efforts
Speaker 17: started in the field by the paramedics, and the time
Speaker 17: that we put in, and the fact that despite the
Speaker 17: best resuscitative efforts we could, the fluids, the medicines, the
Speaker 17: CPR breathing for him, it did not look like his
Speaker 17: heart wouldever start again.
Speaker 15: Approximately how long did you and your team work on Dawson.
Speaker 17: I believe we worked on Dawson about forty minutes, in
Speaker 17: addition to what the paramedics.
Speaker 9: Had done previously.
Speaker 15: At any point in time did you try to use
Speaker 15: a defibrillator? I did not, And why is that?
Speaker 17: He was unfortunately never in a heart rhythm that would
Speaker 17: have made defibrillation and effective treatment.
Speaker 15: So your heart has to be in a certain condition
Speaker 15: for a defibrillator to even work.
Speaker 17: Yes, there are two heart rhythms basically equivaling out of
Speaker 17: the heart that if you use a defibrillator you can
Speaker 17: restore a rhythm that makes the heart beat effectively.
Speaker 3: He was never in one of those rhythms.
Speaker 15: And at some point in time did you declare Dawson deceased?
Speaker 10: Yes?
Speaker 15: And do you recall when that was.
Speaker 17: I believe from my review of the records recently, it
Speaker 17: was at nineteen twenty eight.
Speaker 15: In nineteen twenty eight, would that be seven twenty eight pm.
Speaker 3: It's correct, Thank you doctor, it's really definitely.
Speaker 8: You indicated that you observe what appear to be older
Speaker 8: bruises to his legs. Yes, sene area.
Speaker 3: Yes. And he also had an interoscious device.
Speaker 10: I think is that what you said?
Speaker 8: Yes, he did, and that would require inserting a needle
Speaker 8: or something into the excel shambone area.
Speaker 3: Yes, into the tibia. Thank you. Sure, that's all I
Speaker 3: have anything for the right, Thank you doctor.
Speaker 15: Thank you from the call, doctor Benjamin Kaufman.
Speaker 13: A right, good afternoon, document. I would like to just
Speaker 13: note the same objection, same ruling.
Speaker 15: Thank you, honor, good afternoon. Could you please stay and
Speaker 15: spell your name for the record.
Speaker 4: It's Benjamin Kaufman B E N J A M I
Speaker 4: N K A U F M A N and your
Speaker 4: date of birth star September tenth, nineteen eighty four.
Speaker 15: What do you do for a living?
Speaker 14: I'm an emergency medicine doctor.
Speaker 15: How long have you been doing that?
Speaker 14: About twelve years?
Speaker 15: Could you briefly describe for the jurors your educational and
Speaker 15: training background that qualifies you for that role?
Speaker 4: Yeah, I went to Boston University for medical school, and
Speaker 4: then King's County for residency training, and then Columbia for
Speaker 4: fellowship in Global Emergency Medicine.
Speaker 15: And where do you currently work Beth, Israel and Plymouth
Speaker 15: And back in January of twenty twenty three did you
Speaker 15: work there?
Speaker 3: I did?
Speaker 15: And specifically on January twenty fourth, twenty twenty three, were
Speaker 15: you working that evening?
Speaker 6: I was.
Speaker 15: And while you were working that evening, did you treat
Speaker 15: a patient named Callen Clancy?
Speaker 14: Yes, that was my patient.
Speaker 15: And do you recall how he arrived at the hospital?
Speaker 14: Yes, with the EMS with CPR ongoing.
Speaker 15: And is it typical that when EMS arrived with a
Speaker 15: patient they give you kind of a summary or a
Speaker 15: rundown of the patient's condition.
Speaker 6: It is.
Speaker 15: And did they give you that rundown on Kllen's condition?
Speaker 3: They did.
Speaker 4: He at the time his heart had stopped and CPR
Speaker 4: was ongoing and he was not breathing.
Speaker 14: He was receiving breaths by a bag bob mas ventilation.
Speaker 15: And what did you do in terms of treating Callen?
Speaker 4: So as soon as he came in, Basically, we put
Speaker 4: in a breathing tube and we were able to get
Speaker 4: an eye established.
Speaker 14: The first thing that we do is give a.
Speaker 4: Dose of epinephrine, and in this case you can look
Speaker 4: directly at the heart with an ultrasound, and his heart
Speaker 4: started beating after we were able to give that dose.
Speaker 14: At that point, we.
Speaker 4: Continued compressions, continued giving him breaths through the breathing tube.
Speaker 4: And Plymouth Hospital does not have pediatrics or the ability
Speaker 4: to care for that level of pediatric patients. So we're
Speaker 4: on the phone with Boston Children's Hospital making preparations basically
Speaker 4: to get him to the more definitive care.
Speaker 15: And about how long into your care of Callen did
Speaker 15: he regain a heartbeat?
Speaker 14: Probably from the time that he got to the er,
Speaker 14: maybe like ten minutes.
Speaker 15: Or so, I'm guessing at any point in time did
Speaker 15: he regain the ability to breathe on his own while
Speaker 15: he was in your care. No, did you do any
Speaker 15: examination or testing to determine Kalen's brain function, So.
Speaker 4: At no point did he exhibit any brain function. I'm
Speaker 4: not a neurologist, so we are not the definitive person.
Speaker 4: But an emergency medicine a there's a scale called the
Speaker 4: Glasgow Coma scale, which is generally from three to fifteen.
Speaker 4: There's different variations for pediatrics, but he scored the lowest,
Speaker 4: which basically is you're in a coma or have no
Speaker 4: brain response during the entire time that he was in
Speaker 4: my care.
Speaker 15: So on that scale, the three to fifteen fifteen, would
Speaker 15: that be someone who's walking and talking and acting normally,
Speaker 15: that's correct, and a three is that someone with no
Speaker 15: brain function?
Speaker 3: That is correct.
Speaker 15: And you testified that Callen was at a three when
Speaker 15: you treated him.
Speaker 14: Had no time during his care did he have any
Speaker 14: brain function that was evident.
Speaker 10: On my exam?
Speaker 15: And at some point in time was it decided to
Speaker 15: transfer his care to Boston Children's Hospital.
Speaker 4: Yes, we were in contact with them basically immediately, and
Speaker 4: then he was flown by helicopter to Boston Children's Hospital
Speaker 4: and they the whole time that I see you, doctors
Speaker 4: were on the phone reviewing the case and making recommendations.
Speaker 15: And at any point in time to your knowledge, from
Speaker 15: the time he entered the emergency department at Beth Israel
Speaker 15: Deaconess Plymouth until he arrived at Boston Children's Hospital, was
Speaker 15: he able to breathe on his own?
Speaker 3: No, thank you, doctor, all right, kensel I have no questions.
Speaker 12: Thank you.
Speaker 3: Thank you, don Tony Bucky.
Speaker 6: You're call Melissa Arkadepaine.
Speaker 3: Please like this Tony Bucky, Please thank you.
Speaker 6: Good afternoon. Could you please tell the jersey your first
Speaker 6: and last name? Melissa account of pain. Can you spell
Speaker 6: your lesson for the record?
Speaker 3: He C, D, I, PA, N E.
Speaker 6: And did you work for Social Hospital?
Speaker 9: Yes?
Speaker 6: And what was your role at Social Hospital?
Speaker 18: My last role was a supervisor of the specimen process
Speaker 18: in department in the laboratory.
Speaker 6: And do you still work in that role No? Back
Speaker 6: in twenty twenty three, specifically January, were you in that role?
Speaker 10: Yes?
Speaker 6: And how long had you worked for or have you
Speaker 6: worked for Social Hospital over the course of the years
Speaker 6: over twenty years? You said that you were the specimen
Speaker 6: processing supervisor.
Speaker 10: Correct.
Speaker 6: What are the general responsibilities for.
Speaker 18: That role overseeing the department where all of the specimens
Speaker 18: from within the hospital and even outside of the hospital
Speaker 18: will come in through that department to be received, checked,
Speaker 18: make sure they have orders, make sure they're collected in
Speaker 18: the correct.
Speaker 3: Two.
Speaker 6: And the laboratory at Social Hospit is responsible for processing
Speaker 6: blood samples, urine samples that come from other areas of
Speaker 6: the hospital. Correct. Correct, So can you just generally tell
Speaker 6: us how blooder urine sample would come from the emergency
Speaker 6: department at Social hospital to the laboratory.
Speaker 18: So in most cases, blood sample or urine will come
Speaker 18: through a pneumatic tube system from the emergency room. They'll
Speaker 18: put it in a tube, hit a button, and it
Speaker 18: will come over to the lamb, which is what's across
Speaker 18: the street, and we would take it out of that
Speaker 18: canister and process it at that point.
Speaker 6: And the specimens that are collected in a place like
Speaker 6: the emergency department are done by a nurse or technician
Speaker 6: who takes the samples, puts them in the appropriate file
Speaker 6: or tube, and labels them correct. And so when they
Speaker 6: come to you through that pneumatic system, what does your
Speaker 6: laboratory do with the samples.
Speaker 18: Well, we check the sample, make sure it's labeled, make
Speaker 18: sure it's in the correct tube, and then we would
Speaker 18: process it.
Speaker 6: And traditionally, would your laboratory see ve several samples, meaning
Speaker 6: several vials of blood or urine from one patient, they could, yes,
Speaker 6: And as far as the orders for testing you at
Speaker 6: the laboratory would only run particular tests that are ordered
Speaker 6: by a physician correct correct. Does that usually consume the
Speaker 6: whole sample that you receive from the emergency department. Not
Speaker 6: always now, And so would it be a common procedure
Speaker 6: that samples from a particular patient would be retained in
Speaker 6: case additional testing needed to be done. Yes, and working
Speaker 6: in the lab as the specimen processing supervisor you familiar
Speaker 6: would just referred to as a preservation notice. I am,
Speaker 6: what do you know that to be?
Speaker 18: So that is a notice that we would receive from
Speaker 18: a law enforcement agency asking us to hold specific samples
Speaker 18: for a particular patient.
Speaker 6: And what would your laboratory do when you receive a
Speaker 6: preservation notice for a particular patient?
Speaker 18: So the samples would be pulled aside, they would be
Speaker 18: put in a specimen bag. A copy of that preservation
Speaker 18: notice gets put in the bag with the samples and
Speaker 18: it is put in a separate bin within the specimen refrigerator.
Speaker 6: And the specimen refrigerator is that a place that specimens
Speaker 6: are are stored until they're either used or discarded?
Speaker 10: Correct?
Speaker 6: And does that preserve the specimen? Meaning they need to
Speaker 6: be refrigerated?
Speaker 18: So, but we we separate those specimens that potentially could
Speaker 18: be needed elsewhere into a separate spot so that they don't.
Speaker 6: Get discarded Now, were you aware that a preservation notice
Speaker 6: had been served on Celshore Hospital for the blood and
Speaker 6: urine of Lindsay Clancy on January twenty fourth, twenty twenty three, Hi,
Speaker 6: bless and was were those samples of blood and urine
Speaker 6: collected in the same manner you just described and then
Speaker 6: and put in a separate bin?
Speaker 3: Yes?
Speaker 6: And on January thirty first, twenty twenty three, did you
Speaker 6: have the opportunity to interact with a trooper from the
Speaker 6: Massachusetts State Police?
Speaker 16: I did?
Speaker 6: And what was that interaction? Can you describe it to us?
Speaker 18: He came with a warrant to collect the specimens, and
Speaker 18: so did you.
Speaker 6: Collect the specimens that were labeled for Lindsay Clancy? I did.
Speaker 18: Somebody had already put them in that bin in a bag,
Speaker 18: so I just went to the band, retrieved them, made
Speaker 18: sure they were hers, and gave them to the officer.
Speaker 6: And in fact, you handed over six files of blood
Speaker 6: in one vile of your into the trooper on that day. Correct.
Speaker 18: I don't remember the exact samples or sample type that
Speaker 18: I handed over, but I do know that I gave
Speaker 18: him samples.
Speaker 6: Okay, And as far as your memory, you recall that
Speaker 6: you double checked the ID label on the items to
Speaker 6: make sure that they belonged to Lindsay Clancy. Definitely, No
Speaker 6: think further, Thank you, no.
Speaker 3: Questions, thank you, bye, thank you, thank you.
Speaker 7: Dan.
Speaker 15: At this time, the come Old had moved to submit
Speaker 15: the certified medical records from Beth Israel Deaconess in Plymouth
Speaker 15: for Core Clancy, Dawson Clancy, and Calend Clancy in one binder.
Speaker 3: Oh do fine, they may be admitted.
Speaker 6: It's a good approach.
Speaker 1: Sidebar yest jury uh and talking to council. We are
Speaker 1: gonna break for today, all right. But I've talked about
Speaker 1: over here is in regards to the schedule.
Speaker 3: Where we are, we are if not on schedule as
Speaker 3: a right.
Speaker 1: And much of it is because of the work when
Speaker 1: when when you're not here, councilors going over some of
Speaker 1: the exhibits and some of that, and that's that's part
Speaker 1: of some of these these breaks, at least for you,
Speaker 1: all right.
Speaker 3: So I just kind of want to let you know
Speaker 3: that's what's going on. So we're gonna I'm gonna.
Speaker 1: Excuse you know, it's been a long week anyway, So
Speaker 1: we're gonna take a break till Monday, all right, and
Speaker 1: on Monday. The schedule anticipation will start about nine uh,
Speaker 1: maybe a little bit a little bit later than that.
Speaker 3: But I asked you to be here ready to go
Speaker 3: at nine is uh is some matters.
Speaker 1: I may have to talk the council, so it might
Speaker 1: give a little bit late to start for you on Monday,
Speaker 1: and then the anticipations.
Speaker 3: Will go most of the day. All right. Like I said,
Speaker 3: we are well on schedule. It's not ahead.
Speaker 1: What I want to remind you now, which you know,
Speaker 1: I'm going to remind you that you're going to be
Speaker 1: not here for a couple of days.
Speaker 3: It's very important. You've heard some of the evidence. You
Speaker 3: haven't heard all of the evidence. All right. You've heard,
Speaker 3: you haven't heard the law that you apply to this.
Speaker 3: So you have to keep an open mind.
Speaker 1: And the best way to do that is don't talk
Speaker 1: about this with anyone, don't do any research, don't watch anything.
Speaker 1: If something comes on, turn it off. And just like
Speaker 1: I said, if you're talking to somebody that brings up.
Speaker 3: Blame me.
Speaker 1: All right, Judge said, I am not to talk about it.
Speaker 1: I'm not going to listen to anybody talking about this
Speaker 1: and shut them.
Speaker 3: Down right away.
Speaker 1: I appreciate all the work that you put in here
Speaker 1: so far. I look forward to seeing you on Monday.
Speaker 1: Hope you have a nice weekend.
Speaker 3: And we'll see you there.
Speaker 8: All right, thank you, all right, sure, close a note
Speaker 8: books and face based up on the chest.
Speaker 3: Sessions, see it all right.
Speaker 1: Anything else we need to address before Monday morning, Council,
Speaker 1: all right. So we'll be in recess on this matter
Speaker 1: until Monday morning at nine o'clock we'll resume to trial.
Speaker 3: Thank you all uys quotes some recess. Please exit the court.