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<v Speaker 1>Full trial audio everything hurting court no silences to skip, yes,

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<v Speaker 1>please before the call.

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<v Speaker 2>We have the matter of CommonWell for versus Lindsay Clancy.

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<v Speaker 2>Miss Clancy is present. She is represented by Attorney Kevin Runnington.

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<v Speaker 2>The Commonwealth is represented by Assistant District Attorney Jennifer Sprague

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<v Speaker 2>and Assistant District Attorneys Shannon Buckingham.

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<v Speaker 1>All right, well, good morning, council. Good boarding, miss miss Clancy.

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<v Speaker 1>I'm sorry counts. Before we we've got the view on

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<v Speaker 1>for today. What I'd like to do is talk to

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<v Speaker 1>you about another matter sidebar it just briefly.

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<v Speaker 3>If we could, all right go.

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<v Speaker 4>A hey.

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<v Speaker 2>William Sullivan, Justice, good morning, you're on America. See ye

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<v Speaker 2>bore of the court. Today we have the continuation of

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<v Speaker 2>the jury trial and the matter of Commonwealth versus Lindsay Clancy.

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<v Speaker 2>Ms Clancy is present. She is represented by Attorney Kevin Ruddington.

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<v Speaker 2>The Carmonwealth is represented by Assistant District Attorney Shannon Buckingham

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<v Speaker 2>an Assistant District Attorney Jennifer Sprague.

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<v Speaker 3>All right, well, good morning everyone.

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<v Speaker 1>So what i want to do is, first I'm going

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<v Speaker 1>to ask you those questions. Make sure everybody was able

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<v Speaker 1>to follow my instructions, and then I'm going to discuss

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<v Speaker 1>a little bit about what we're going to.

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<v Speaker 3>Do today in our schedule.

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<v Speaker 1>So first off, the first question, is any member of

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<v Speaker 1>the jury a red scene or her overheard anything from

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<v Speaker 1>any source that would affect your ability to be a

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<v Speaker 1>fair and impartial juror in this case?

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<v Speaker 3>Next question, is there.

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<v Speaker 1>Any other serious matter or concern bearing on your service

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<v Speaker 1>as a jury in this case anybody needs to bring

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<v Speaker 1>to my attention?

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<v Speaker 5>All right, So.

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<v Speaker 1>Again, thank you for following those instructions. And so I

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<v Speaker 1>want to do is just talk a little bit about

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<v Speaker 1>the next part of.

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<v Speaker 3>The trial, which is the view. You hear people talk

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<v Speaker 3>about it.

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<v Speaker 1>Now, I already kind of blew my cover when I

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<v Speaker 1>said I couldn't control the weather. I would have taken

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<v Speaker 1>credit for the fact that it's a beautiful day today,

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<v Speaker 1>But I already told.

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<v Speaker 3>You I couldn't control that, but the view.

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<v Speaker 1>So let me explain kind of what the views give

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<v Speaker 1>you this very brief instruction in regards to that, members

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<v Speaker 1>the jury, you're about to visit and go buy a

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<v Speaker 1>number of places that you've heard testimony about during the trial.

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<v Speaker 3>And the terminology we use for that. As I've said,

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<v Speaker 3>is a view. Now.

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<v Speaker 1>The purpose of the view is to help you better

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<v Speaker 1>understand the evidence that you've heard and we'll hear during

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<v Speaker 1>the trial, and to help you appreciate the location, the

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<v Speaker 1>surroundings about.

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<v Speaker 3>These different areas. All right.

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<v Speaker 1>Now, the view that you're going to take is part

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<v Speaker 1>of the case. The observations that you make while on

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<v Speaker 1>of you may be used by you and considered by

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<v Speaker 1>you in your deliberations in reaching a verdict.

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<v Speaker 3>So you can.

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<v Speaker 1>Consider what you're about to see during the course of

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<v Speaker 1>the view. The places that we're going to go to

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<v Speaker 1>in this case, we're gonna go We're gonna drive to

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<v Speaker 1>the CVS that was described. We're not gonna get out,

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<v Speaker 1>We're gonna see where that is. Then we're gonna drive

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<v Speaker 1>by that restaurant three V I think it's called in Plymouth.

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<v Speaker 3>Drive there.

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<v Speaker 1>Then we're going to go back to the home, which

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<v Speaker 1>is at forty seven Summer Street, and you'll have an

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<v Speaker 1>opportunity to go inside the house.

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<v Speaker 3>You'll go in there with the court.

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<v Speaker 1>Officers, the lawyers, myself, and because it's we've got a

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<v Speaker 1>large jury here, we're probably gonna do is break it

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<v Speaker 1>up into maybe three groups of six, all right, so

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<v Speaker 1>we'll take six and we'll all go down.

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<v Speaker 3>We'll look at different areas.

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<v Speaker 1>The attorneys will point out certain things that they may

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<v Speaker 1>want you to take note of, but you can look at.

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<v Speaker 3>Everything as far as just view it. When you're in there.

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<v Speaker 1>You're not to do any independent research and not to

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<v Speaker 1>kind of open up draws or open up doors or

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<v Speaker 1>anything like that. So the attorneys will give you opportunity.

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<v Speaker 1>We'll give you an opportunity just kind of look around

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<v Speaker 1>and view that. And so after that you're not to

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<v Speaker 1>return to the scene. In other words, after you do this,

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<v Speaker 1>you not to go back. If you have Jesus and

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<v Speaker 1>answered questions or anything like that, you not to go back.

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<v Speaker 1>This is your chance to see these areas in this residence,

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<v Speaker 1>all right. Like I said, you can consider what you're

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<v Speaker 1>about to see as part of the evidence in the case. Now,

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<v Speaker 1>during the trip to and back from these places, you're

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<v Speaker 1>not to discuss the case or anything about it amongst

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<v Speaker 1>yourselves or with anyone. When you're coming back, you're not

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<v Speaker 1>to discuss on the bus, hey we saw that, or

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<v Speaker 1>did you see this? Things like that. That's as they say,

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<v Speaker 1>that's verboten.

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<v Speaker 3>All right.

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<v Speaker 1>You can't talk about that on the way to and

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<v Speaker 1>from and so as they indicate you're gonna be under

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<v Speaker 1>the supervision of the court officers, I'd ask you to

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<v Speaker 1>follow this instruction. Follow their instructions carefully. They're very experienced

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<v Speaker 1>in doing these, and so they they'll help you kind

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<v Speaker 1>of go through this and set up I'll break up

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<v Speaker 1>into those groups and so just so you know, one

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<v Speaker 1>group will six go into the house.

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<v Speaker 3>The others will stay on the bus.

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<v Speaker 1>Okay, and when you're on the bus, you're not to

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<v Speaker 1>discuss the case.

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<v Speaker 3>E geez, I can't wait to see this or that,

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<v Speaker 3>none of that.

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<v Speaker 1>All right, It's probably pretty obvious, but I just kind

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<v Speaker 1>of have to kind of go through those instructions with you.

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<v Speaker 1>And so what we're gonna do now, I'm going to

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<v Speaker 1>excuse you so can kind of get yourselves together.

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<v Speaker 3>We'll bring you back down on the bus myself.

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<v Speaker 1>The attorneys will join you there, and then we will

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<v Speaker 1>I think we're going to go first to the CBS

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<v Speaker 1>in that restaurant first, and then second we'll go to

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<v Speaker 1>that address in Duxbury. All right, okay, thank you, Oh Jesus,

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<v Speaker 1>gott ahead myself. I'm told we have to square in

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<v Speaker 1>the court officers, So I apologize, So the court.

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<v Speaker 6>Officers please come quote and raise the right hand.

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<v Speaker 2>Do each of you solemnly swear that you will take

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<v Speaker 2>this jerry upon the premises in question, and then stop

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<v Speaker 2>them to do the same or any proper place or

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<v Speaker 2>thing bearing upon the issue in this trial as they

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<v Speaker 2>shall think necessary. That you will not permit the parties

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<v Speaker 2>to enter into debate within the hearing of the jury,

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<v Speaker 2>nor any person to speak to them, unless it be

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<v Speaker 2>Assistant District Attorney Jennifer Sprague or Assistant District Attorney Shannon

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<v Speaker 2>Buckingham on part of the Commonwealth, and Attorney Kevin Reddington

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<v Speaker 2>on part of the defendant, and they only to point

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<v Speaker 2>out such places in things that they deem expedient for

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<v Speaker 2>the determination of the issues, And that you will keep

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<v Speaker 2>this jury together until they shall return to the court,

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<v Speaker 2>unless the Court shall otherwise order. So help you God, Thank.

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<v Speaker 3>You all right, so we can take them.

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<v Speaker 7>Thank you all right?

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<v Speaker 3>How do we need anything we need to address before?

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<v Speaker 1>If you all rights who we'll be in recess at

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<v Speaker 1>this time to resume soon as we come back from

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<v Speaker 1>the view, we'll resume the trial.

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<v Speaker 3>Okay, thank you, all right? What's some recess please the

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<v Speaker 3>court room.

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<v Speaker 6>Okays the record.

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<v Speaker 2>We returned back to the matter of Commonwew versus Lindsey Clancy.

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<v Speaker 2>All partties are present, including the defendant, excluding the jury.

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<v Speaker 3>Thank you for that.

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<v Speaker 1>Ready for the jury comma all.

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<v Speaker 8>Right first of course, now it's section please be see

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<v Speaker 8>this kirana.

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<v Speaker 2>For the purpose of the record. We returned back to

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<v Speaker 2>the trial of Commonwealth versus Lindsey Clancy. All potties are present,

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<v Speaker 2>including the defendant and including all eighteen jurors.

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<v Speaker 3>All right, thank you, madam courks of the jury.

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<v Speaker 1>We're now going to return, as I told you before,

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<v Speaker 1>to the Karmwaal's case, and I'll last the calla.

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<v Speaker 3>To call their next witness.

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<v Speaker 6>Come on, well, Mark Anthony Mafia to the sea.

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<v Speaker 5>Well we'll wait and you want to just for the record,

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<v Speaker 5>the same objection and the objections sorry, that keeps okay,

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<v Speaker 5>Thank you, all right, Good morning, sair.

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<v Speaker 3>Al right twenty bucking an please.

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<v Speaker 6>Thank you, Good morning, sir.

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<v Speaker 9>Good morning.

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<v Speaker 6>Could you please tell you the jury your first and last.

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<v Speaker 9>Name, please, yes, Mark Anthony Mafia and how about.

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<v Speaker 6>Spelling your last name for the purpose of the record.

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<v Speaker 10>M A.

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<v Speaker 9>F FEO.

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<v Speaker 6>And where are you employed?

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<v Speaker 9>Sir, Duxbury Police Apartment.

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<v Speaker 6>How long you've been a police officer?

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<v Speaker 9>Twelve years?

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<v Speaker 6>And has your career been with the Duxbury Department? Did

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<v Speaker 6>you work anywhere else?

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<v Speaker 9>I worked in Rockland and Co Acid prior to Duxbury.

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<v Speaker 6>So how long have you been at Duxbury Police tene

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<v Speaker 6>years nine?

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<v Speaker 10>Yes?

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<v Speaker 6>What's your current ranker assignment at the Duxbury Police Department

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<v Speaker 6>patrol sergeant? And I'm going to draw your attention back

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<v Speaker 6>to January of twenty twenty three? What was your assignment then?

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<v Speaker 9>A detective?

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<v Speaker 6>Were you working on January twenty fourth of twenty twenty three?

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<v Speaker 9>I was not. I was called in to work.

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<v Speaker 6>Okay, So who contacted you at the time?

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<v Speaker 9>It was detected Detective Sergeant Jamali.

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<v Speaker 6>And is that the normal course in Duxberry when a

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<v Speaker 6>larger incident or investigation occurs that sometimes you'd be called

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<v Speaker 6>in to work a scene if you're not on shift. Yes,

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<v Speaker 6>and Detector Jamali? Where did he tell you to go?

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<v Speaker 9>Initially was reported? I believe it was forty two Summe

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<v Speaker 9>Street in dux Ray.

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<v Speaker 6>And so do you recall if you went to that location?

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<v Speaker 9>I did.

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<v Speaker 6>When you arrived there was the scene still active, meaning

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<v Speaker 6>there was still kind of ambulances and everything on scene. Yes,

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<v Speaker 6>did you go into.

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<v Speaker 9>The house not at that time.

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<v Speaker 3>No.

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<v Speaker 6>Were you advised when you arrived on scene that one

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<v Speaker 6>of the parties was being sent to the south Shore Hospital?

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<v Speaker 10>Yes?

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<v Speaker 6>And so as a result of that information, what did

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<v Speaker 6>you do?

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<v Speaker 9>I was then tasked with going down to Solcial Hospital.

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<v Speaker 6>Now, when you went to south Shore Hospital, did you

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<v Speaker 6>know the party that was going to be transport there?

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<v Speaker 3>Yes?

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<v Speaker 6>Who was the party that you were going to meet?

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<v Speaker 9>I was advised was the one of the home owners,

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<v Speaker 9>Lindsay Clancy.

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<v Speaker 6>And you later became aware that the home at forty

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<v Speaker 6>seven Summer Street was the home of Patrick and Lindsay Clancy. Correct,

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<v Speaker 6>that's correct. And again you were also later made aware

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<v Speaker 6>that they had the three children.

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<v Speaker 10>Correct.

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<v Speaker 6>Were you advised of where the three children were?

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<v Speaker 10>Yes?

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<v Speaker 6>And how about the husband? Were you advised of where

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<v Speaker 6>Patrick Clancy was? I was As far as the people

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<v Speaker 6>transported to Selshaw Hospital, you came to learn that only

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<v Speaker 6>Lindsay Clancy was sent to that location. Correct, that's correct.

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<v Speaker 6>Did you expect somebody else to be arriving there?

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<v Speaker 9>Initially? Before I had left the residence? It was a

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<v Speaker 9>little bit of confusion. They thought that the husband was

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<v Speaker 9>also being transported to Celshore and.

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<v Speaker 6>At some point where you later advised that that ambulance

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<v Speaker 6>was turned around and sent to Beth Israel and Plymouth.

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<v Speaker 10>Correct.

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<v Speaker 6>So when you were at the Selshare hospital, did you

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<v Speaker 6>have an opportunity to observe Lindsay Clancy?

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<v Speaker 3>I did?

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<v Speaker 6>And what condition when she when she you observed her

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<v Speaker 6>at Social Hospital.

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<v Speaker 9>She appeared sedated and unconscious with several lacerations to her

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<v Speaker 9>arms and neck.

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<v Speaker 3>I have no objections.

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<v Speaker 6>My approach to whatness more photographs I take a look

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<v Speaker 6>at those. Do you recognize the individual these photographs?

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<v Speaker 3>I do?

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<v Speaker 11>And were you primate of these photographs were taken?

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<v Speaker 9>I don't recall, okay, as.

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<v Speaker 6>Far as the condition that the person in these photographs was, again,

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<v Speaker 6>do you recall this to be a fair and accurate

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00:11:31.440 --> 00:11:32.639
<v Speaker 6>representation of what.

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<v Speaker 3>She looked like? Yes, the next work those may be admitted.

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<v Speaker 6>Sur If I could just draw your attention to the

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<v Speaker 6>screen aside you, I'm showing you now what's been marked

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<v Speaker 6>is exhibit one ten, and it was the individual depicted

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<v Speaker 6>in this photograph, Lindsay Clancy. And those are the injuries

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<v Speaker 6>that you observed that day of her on her neck,

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<v Speaker 6>correct and showing you on the screen what's been marked

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<v Speaker 6>is exhibit number one eleven. Again, is that Lindsay Clancy? Yes,

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<v Speaker 6>and that you observed on January twenty fourth on.

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<v Speaker 9>Her neck correct?

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<v Speaker 6>And one twelve Exhibit one twelve In the middle of

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<v Speaker 6>this photograph with an arm extended, there are some cuts

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00:12:13.039 --> 00:12:16.519
<v Speaker 6>in a cut in the middle. Did you observe those

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<v Speaker 6>on January twenty fourth as well?

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<v Speaker 10>I did?

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<v Speaker 6>And finally exhibit one thirteen that would be the other.

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<v Speaker 3>Arm.

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<v Speaker 6>Did you observe those cuts to that ar?

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<v Speaker 3>Yes.

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<v Speaker 6>Now, in addition to observing her at Sushore Hospital, did

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<v Speaker 6>you do anything to collect potential evidence that day?

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<v Speaker 3>I did?

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<v Speaker 6>And what did you do?

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<v Speaker 9>I gathered I believe they were already had been removed

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<v Speaker 9>from the hospital staff clothing, pants, shirt, I believe it

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<v Speaker 9>was a scarf and wedding bands.

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<v Speaker 6>Can I approach again you seven thirtographs if you could

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<v Speaker 6>take a look at those. Are these sex photographs familiar

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<v Speaker 6>to you or the items infected in these photographs familiar?

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<v Speaker 10>Yes?

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<v Speaker 3>Objection?

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<v Speaker 12>I have object any of the photographs they may be admitted.

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<v Speaker 6>Which would be one fourteen to seven.

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<v Speaker 10>Thank you.

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00:13:21.200 --> 00:13:21.799
<v Speaker 3>Thank you, madam.

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00:13:21.840 --> 00:13:27.559
<v Speaker 6>Report Now, sir, the items that you then collected, you

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00:13:27.600 --> 00:13:29.919
<v Speaker 6>said that they were provided to you. Who gave them

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00:13:29.919 --> 00:13:30.240
<v Speaker 6>to you?

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00:13:30.840 --> 00:13:33.200
<v Speaker 9>It was one of the hospital staff, okay.

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00:13:32.919 --> 00:13:38.080
<v Speaker 6>And so in examining those you would agree that those

287
00:13:38.080 --> 00:13:39.960
<v Speaker 6>items have been cut off of the individual.

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00:13:40.159 --> 00:13:40.480
<v Speaker 10>Correct.

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00:13:41.720 --> 00:13:45.759
<v Speaker 6>And so after taking custody of those particular items, did

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00:13:45.840 --> 00:13:48.440
<v Speaker 6>other law enforcement arrive at Sushare Hospital?

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00:13:48.639 --> 00:13:48.919
<v Speaker 3>Yes?

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00:13:49.240 --> 00:13:50.480
<v Speaker 6>And who arrived.

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00:13:50.600 --> 00:13:53.879
<v Speaker 9>Tripper Lawlor from the mass A Police and Asolo Piede

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00:13:53.879 --> 00:13:55.000
<v Speaker 9>from the Dutch Ray Police.

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00:13:55.360 --> 00:13:57.919
<v Speaker 6>And again you had been at the scene at forty

296
00:13:57.919 --> 00:14:00.480
<v Speaker 6>seven Summer Street, correct, Correct, And then you went to

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00:14:00.519 --> 00:14:04.919
<v Speaker 6>Soelfshaal Hospital. Were other members of the Duxbury department at

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00:14:05.240 --> 00:14:08.080
<v Speaker 6>the Summer Street address and at other locations during the

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00:14:08.120 --> 00:14:09.279
<v Speaker 6>time you were at the hospital?

300
00:14:09.840 --> 00:14:13.080
<v Speaker 9>I would believe so, but I'm not positive.

301
00:14:13.600 --> 00:14:16.080
<v Speaker 6>And were you aware that the State Police had become

302
00:14:16.080 --> 00:14:16.960
<v Speaker 6>involved in this case?

303
00:14:17.120 --> 00:14:17.279
<v Speaker 3>Yes?

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00:14:17.799 --> 00:14:21.559
<v Speaker 6>And based on your experience as a Duxbury officer, do

305
00:14:21.600 --> 00:14:24.000
<v Speaker 6>you sometimes work in tandem with the state Police on

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00:14:24.039 --> 00:14:25.360
<v Speaker 6>certain types of investigations.

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00:14:25.399 --> 00:14:25.679
<v Speaker 10>We do.

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00:14:26.159 --> 00:14:28.759
<v Speaker 6>And so when Trooper Lawler arrived at the hospital, did

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00:14:28.799 --> 00:14:30.399
<v Speaker 6>you turn over these items to him?

310
00:14:30.480 --> 00:14:30.759
<v Speaker 10>I did?

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00:14:31.559 --> 00:14:34.519
<v Speaker 6>Now, in the time that you were at the Self

312
00:14:34.559 --> 00:14:37.279
<v Speaker 6>Shore Hospital. Did you have the opportunity to speak at

313
00:14:37.279 --> 00:14:40.399
<v Speaker 6>all with Lindsay Clancy and the time that you observed her,

314
00:14:40.480 --> 00:14:44.919
<v Speaker 6>was she responsive at all? Was she in custody at

315
00:14:44.919 --> 00:14:45.399
<v Speaker 6>that point?

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00:14:48.799 --> 00:14:51.240
<v Speaker 9>I would say yes, Well.

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00:14:51.679 --> 00:14:54.159
<v Speaker 6>Let me ask you this as far as when a

318
00:14:54.200 --> 00:14:57.200
<v Speaker 6>person is placed in custody, usually advised them that they

319
00:14:57.240 --> 00:14:58.480
<v Speaker 6>are corracts correct.

320
00:14:58.759 --> 00:14:59.759
<v Speaker 7>Saying that he's not sure.

321
00:15:00.039 --> 00:15:02.960
<v Speaker 3>Absolutely, Yes, that's.

322
00:15:06.120 --> 00:15:09.559
<v Speaker 6>When you when you when your department has somebody in custody,

323
00:15:09.840 --> 00:15:13.000
<v Speaker 6>is it protocol to have an officer stay with that individual?

324
00:15:13.120 --> 00:15:13.320
<v Speaker 10>Yes?

325
00:15:13.759 --> 00:15:16.240
<v Speaker 6>And in this case, was somebody assigned to stay with

326
00:15:16.279 --> 00:15:20.120
<v Speaker 6>Lindsay Clancy? Yes, at the time you were at the hospital,

327
00:15:20.159 --> 00:15:20.799
<v Speaker 6>was at your role?

328
00:15:21.799 --> 00:15:22.159
<v Speaker 3>Yes?

329
00:15:22.440 --> 00:15:24.639
<v Speaker 6>At some point if someone else from your department come

330
00:15:24.720 --> 00:15:27.120
<v Speaker 6>to keep watch? Yes, who was that person?

331
00:15:27.600 --> 00:15:30.240
<v Speaker 9>I believe it was also Lapard? I know also Broader

332
00:15:30.399 --> 00:15:33.879
<v Speaker 9>was also assisting. I can't recall if he arrived at

333
00:15:33.879 --> 00:15:34.679
<v Speaker 9>the hospital as well.

334
00:15:34.879 --> 00:15:37.320
<v Speaker 6>Okay, but you recall officer Lapard.

335
00:15:37.440 --> 00:15:38.080
<v Speaker 9>Yes.

336
00:15:38.120 --> 00:15:43.159
<v Speaker 6>And once the scene was secured at Selsher Hospital, did

337
00:15:43.159 --> 00:15:43.559
<v Speaker 6>you leave?

338
00:15:43.759 --> 00:15:44.039
<v Speaker 3>I did?

339
00:15:44.159 --> 00:15:44.960
<v Speaker 6>And where did you go?

340
00:15:45.279 --> 00:15:47.200
<v Speaker 9>Back to the address in Duxbury.

341
00:15:47.080 --> 00:15:49.320
<v Speaker 6>And that would be forty seven Summer Street correct. I

342
00:15:49.320 --> 00:15:50.960
<v Speaker 6>think you might have said forty two at one.

343
00:15:50.879 --> 00:15:52.600
<v Speaker 9>Year, right, yeah, forty seven.

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00:15:53.600 --> 00:15:58.159
<v Speaker 6>And at the residence at forty seven Summer Street. Did

345
00:15:58.159 --> 00:16:02.080
<v Speaker 6>you assist other Dexbury offices in securing the scene upon

346
00:16:02.120 --> 00:16:06.399
<v Speaker 6>the arrival of the crime scene services? Were you present

347
00:16:06.720 --> 00:16:10.120
<v Speaker 6>when the massachusettsts Police detectives Une executed a search war

348
00:16:10.159 --> 00:16:12.840
<v Speaker 6>at forty seven Summer Street and was that kind of

349
00:16:12.919 --> 00:16:15.559
<v Speaker 6>later that night into the early morning hours of the

350
00:16:15.559 --> 00:16:20.519
<v Speaker 6>twenty fifth Yes, I have no further questions, thank you.

351
00:16:22.320 --> 00:16:23.639
<v Speaker 3>That would just introduced those.

352
00:16:25.519 --> 00:16:30.919
<v Speaker 8>Yeah, money, money, I've got a couple of other photographs

353
00:16:30.960 --> 00:16:34.120
<v Speaker 8>that I'd like to just since you were at the hospital.

354
00:16:33.679 --> 00:16:37.120
<v Speaker 3>And so short, if I could, sure.

355
00:16:38.639 --> 00:16:43.039
<v Speaker 8>Uh, that's condition was when you went in the hospital,

356
00:16:43.039 --> 00:16:47.600
<v Speaker 8>and so I heard, I don't recall those being honored like,

357
00:16:52.600 --> 00:16:54.879
<v Speaker 8>so I would offer that if.

358
00:16:54.399 --> 00:17:01.279
<v Speaker 12>I could, any objections maybe we approached sure out right?

359
00:17:01.360 --> 00:17:07.119
<v Speaker 12>That may be admitted? Yeah, sure, yeah, if you want

360
00:17:07.160 --> 00:17:07.440
<v Speaker 12>to do that.

361
00:17:11.559 --> 00:17:13.039
<v Speaker 8>At some point I had a chance to take a

362
00:17:13.039 --> 00:17:16.640
<v Speaker 8>look at her face, I imagine, sir correct?

363
00:17:17.680 --> 00:17:19.720
<v Speaker 10>Is that fair inaccurate depiction?

364
00:17:21.559 --> 00:17:24.079
<v Speaker 9>Yes, and she was unconscious at that point she did.

365
00:17:24.200 --> 00:17:24.680
<v Speaker 10>That's correct.

366
00:17:25.200 --> 00:17:27.759
<v Speaker 3>What about this, Jim, that may be admitted?

367
00:17:28.160 --> 00:17:30.759
<v Speaker 8>And this you said that there were some cuts on

368
00:17:30.799 --> 00:17:38.279
<v Speaker 8>her wrist, yes, if they're inaccurate depiction correct, and cuts

369
00:17:38.319 --> 00:17:41.680
<v Speaker 8>on the neck as well, correct, and.

370
00:17:44.400 --> 00:17:46.519
<v Speaker 3>From the other side of the front.

371
00:17:46.839 --> 00:17:52.000
<v Speaker 1>Yes, okay, thank you, Jess, Like those photos may be admitted,

372
00:17:53.000 --> 00:17:53.319
<v Speaker 1>thank you.

373
00:17:55.079 --> 00:17:56.920
<v Speaker 3>And I'm just showing you another exhibit.

374
00:17:56.960 --> 00:17:59.559
<v Speaker 8>This would have already been introduced into evidence, and this

375
00:17:59.640 --> 00:18:02.240
<v Speaker 8>would be is it at one twelve?

376
00:18:03.359 --> 00:18:08.720
<v Speaker 7>And this would also depict the area of the of

377
00:18:08.759 --> 00:18:10.000
<v Speaker 7>the wrist. Is that correct?

378
00:18:10.079 --> 00:18:10.400
<v Speaker 9>Correct?

379
00:18:10.640 --> 00:18:11.359
<v Speaker 3>The cut was.

380
00:18:14.680 --> 00:18:20.759
<v Speaker 7>Likewise also shows the cuts on the.

381
00:18:20.599 --> 00:18:21.680
<v Speaker 3>Neck, is that correct?

382
00:18:21.839 --> 00:18:22.240
<v Speaker 10>Correct?

383
00:18:24.319 --> 00:18:26.000
<v Speaker 8>Now, when you went to the house, you were a

384
00:18:26.039 --> 00:18:30.880
<v Speaker 8>detective at this point correct, correct, And obviously you're working

385
00:18:30.920 --> 00:18:33.000
<v Speaker 8>in tandem at this time with the state police.

386
00:18:33.000 --> 00:18:35.039
<v Speaker 3>They were also investigating.

387
00:18:34.440 --> 00:18:37.880
<v Speaker 10>Right, correct, But you were the detective for the.

388
00:18:37.720 --> 00:18:40.599
<v Speaker 9>Town of Duxbury, one of them, yes.

389
00:18:40.400 --> 00:18:43.079
<v Speaker 8>One of them, okay. And one of the things Console

390
00:18:43.119 --> 00:18:49.319
<v Speaker 8>had asked you about was the clothing that Lindsay was wearing,

391
00:18:49.359 --> 00:18:51.279
<v Speaker 8>and it was cut off right, correct.

392
00:18:51.839 --> 00:18:53.599
<v Speaker 7>So I'm just going to show you and ask if

393
00:18:53.599 --> 00:18:55.160
<v Speaker 7>this appears to be a fair and.

394
00:18:55.119 --> 00:19:05.319
<v Speaker 8>Accurate depiction rendition for example, one of her items clothing, Yes, okay,

395
00:19:05.359 --> 00:19:06.759
<v Speaker 8>Well I don't know that's so I'm just going to

396
00:19:06.920 --> 00:19:08.240
<v Speaker 8>just make sure it's in that's all.

397
00:19:09.640 --> 00:19:12.359
<v Speaker 3>Does that show that there's blood on that item of clothing?

398
00:19:15.839 --> 00:19:16.720
<v Speaker 9>Not that I see?

399
00:19:16.960 --> 00:19:25.000
<v Speaker 8>Okay, it would be some type of residue of paint

400
00:19:25.079 --> 00:19:26.440
<v Speaker 8>or something on the clothing if you.

401
00:19:26.400 --> 00:19:27.680
<v Speaker 9>Recall, I don't recall.

402
00:19:27.759 --> 00:19:35.200
<v Speaker 8>Now, did you notice on the pants any blood on

403
00:19:35.359 --> 00:19:36.279
<v Speaker 8>the jeans?

404
00:19:37.400 --> 00:19:39.480
<v Speaker 9>Well, if you recall, I don't recall.

405
00:19:39.519 --> 00:19:43.279
<v Speaker 7>Now, how about the I guess it would be the top.

406
00:19:43.480 --> 00:19:47.880
<v Speaker 3>That was worn. You notice any blood on that? Now?

407
00:19:48.400 --> 00:19:49.279
<v Speaker 10>Was there a bra that.

408
00:19:49.319 --> 00:19:49.920
<v Speaker 7>Was cut off?

409
00:19:49.960 --> 00:19:53.359
<v Speaker 8>If you recall, yes, there was, and the blood seeped

410
00:19:53.559 --> 00:19:56.240
<v Speaker 8>through the clothing into the into the briar itself.

411
00:19:56.799 --> 00:19:57.599
<v Speaker 9>That correct, correct?

412
00:19:58.359 --> 00:19:59.880
<v Speaker 3>And that would be obviously from.

413
00:19:59.680 --> 00:20:02.319
<v Speaker 7>Outs side the clothing and then into the breath that

414
00:20:02.480 --> 00:20:03.039
<v Speaker 7>was being worn.

415
00:20:03.200 --> 00:20:03.400
<v Speaker 10>Right.

416
00:20:03.400 --> 00:20:04.799
<v Speaker 9>Correct?

417
00:20:04.640 --> 00:20:07.079
<v Speaker 3>That often he is juris agen.

418
00:20:08.119 --> 00:20:11.160
<v Speaker 6>They're already in evidence. They've been marked, so I don't

419
00:20:11.200 --> 00:20:13.720
<v Speaker 6>see this necessary mark them again, they're the same photographs.

420
00:20:13.880 --> 00:20:17.000
<v Speaker 8>Well, I'll trust the representation there in evidence.

421
00:20:17.000 --> 00:20:19.160
<v Speaker 7>I don't want to blow the court.

422
00:20:19.359 --> 00:20:24.079
<v Speaker 8>So if they were already in evidence, then that's good.

423
00:20:25.200 --> 00:20:28.119
<v Speaker 8>The bottom line is that you do agree that there

424
00:20:28.200 --> 00:20:34.319
<v Speaker 8>was certainly blood on the interior and exterior clothing that

425
00:20:34.400 --> 00:20:37.519
<v Speaker 8>she was wearing, right, that's correct. It also agree, sir,

426
00:20:37.640 --> 00:20:41.200
<v Speaker 8>that there was blood in the area from the outside

427
00:20:41.240 --> 00:20:44.440
<v Speaker 8>of the backyard, directly underneath the window.

428
00:20:44.839 --> 00:20:47.160
<v Speaker 7>Is that correct? You agree with that if you remember

429
00:20:47.200 --> 00:20:47.720
<v Speaker 7>looking at it.

430
00:20:47.759 --> 00:20:52.559
<v Speaker 9>That is correct, the ground, the snow.

431
00:20:52.559 --> 00:20:54.279
<v Speaker 8>And the leaves that were underneath it. Of course there

432
00:20:54.279 --> 00:20:56.400
<v Speaker 8>are a lot of people walking around. You couldn't see

433
00:20:56.400 --> 00:20:59.920
<v Speaker 8>the blood, correct, directly underneath the window, right the back window.

434
00:21:00.079 --> 00:21:02.000
<v Speaker 7>You noticed, led it was on the.

435
00:21:01.799 --> 00:21:05.599
<v Speaker 8>Window sill itself on the second floor, one hand one

436
00:21:06.960 --> 00:21:07.799
<v Speaker 8>mark on.

437
00:21:07.880 --> 00:21:09.000
<v Speaker 7>That window ledge.

438
00:21:09.160 --> 00:21:12.640
<v Speaker 8>Yes, we also noted and led that at some point

439
00:21:12.799 --> 00:21:16.000
<v Speaker 8>had gone onto the two shingles that were in.

440
00:21:15.960 --> 00:21:19.960
<v Speaker 3>The area underneath that ledge underneath that window, right correct,

441
00:21:23.000 --> 00:21:24.599
<v Speaker 3>And off of the blood on the floor on the

442
00:21:24.599 --> 00:21:29.279
<v Speaker 3>ground with the ant documents, doct that may be admitted.

443
00:21:29.839 --> 00:21:31.240
<v Speaker 10>Thank you.

444
00:21:31.279 --> 00:21:35.440
<v Speaker 8>Now, the state police went and got a search word right, correct.

445
00:21:35.880 --> 00:21:37.559
<v Speaker 8>And you were there when they were searching.

446
00:21:37.759 --> 00:21:38.119
<v Speaker 10>Correct.

447
00:21:38.759 --> 00:21:41.640
<v Speaker 8>You guys were helping out obviously it was a group

448
00:21:41.680 --> 00:21:45.720
<v Speaker 8>effort to search the house for relevant or material evidence.

449
00:21:45.359 --> 00:21:46.519
<v Speaker 10>Right correct. Now.

450
00:21:46.519 --> 00:21:50.160
<v Speaker 8>One of the things that was seized were pill bottles,

451
00:21:50.200 --> 00:21:50.680
<v Speaker 8>Is that right?

452
00:21:50.880 --> 00:21:54.640
<v Speaker 10>Correct? You know why they were seized? Did you seize

453
00:21:54.680 --> 00:21:55.480
<v Speaker 10>any pill bottles?

454
00:21:55.519 --> 00:21:57.839
<v Speaker 8>I did not, Were you there when the state police

455
00:21:57.839 --> 00:21:58.839
<v Speaker 8>seized the pill bottles.

456
00:21:58.880 --> 00:21:59.359
<v Speaker 3>I wasn't.

457
00:21:59.720 --> 00:22:02.519
<v Speaker 8>Do you recall that the pill bottles were seized from,

458
00:22:02.960 --> 00:22:05.359
<v Speaker 8>for example, in the kitchen you opened up a cabinet

459
00:22:05.400 --> 00:22:07.440
<v Speaker 8>and they were right on a bunch of them, blind

460
00:22:07.519 --> 00:22:08.400
<v Speaker 8>up on a shelf.

461
00:22:09.079 --> 00:22:11.519
<v Speaker 9>I can't attest to that. I wasn't present for that.

462
00:22:11.559 --> 00:22:13.039
<v Speaker 3>When I ask you this, where did they get the

463
00:22:13.039 --> 00:22:13.880
<v Speaker 3>pill bottles from?

464
00:22:14.079 --> 00:22:17.319
<v Speaker 9>You'd have to ask them. I wasn't there when they

465
00:22:17.519 --> 00:22:18.279
<v Speaker 9>seized the bottles.

466
00:22:18.279 --> 00:22:18.880
<v Speaker 3>You weren't there.

467
00:22:18.920 --> 00:22:21.880
<v Speaker 9>I wasn't in that room. We were in multiple rooms

468
00:22:21.880 --> 00:22:22.079
<v Speaker 9>at a.

469
00:22:22.079 --> 00:22:24.480
<v Speaker 8>Time, so I maybe I may stay corrected. I'm sorry

470
00:22:24.559 --> 00:22:26.279
<v Speaker 8>if I thought I asked you if you were there

471
00:22:26.279 --> 00:22:28.680
<v Speaker 8>when the state police was seizing the bottles, and I thought.

472
00:22:28.480 --> 00:22:29.039
<v Speaker 3>You said you were.

473
00:22:29.079 --> 00:22:29.759
<v Speaker 9>I was in the house.

474
00:22:29.839 --> 00:22:31.920
<v Speaker 10>Correct, in the house, but you weren't there when they

475
00:22:31.920 --> 00:22:34.720
<v Speaker 10>were seizing it. How about up in the bedroom. Did

476
00:22:34.759 --> 00:22:35.960
<v Speaker 10>you go up in the bedroom? I did?

477
00:22:36.119 --> 00:22:40.559
<v Speaker 8>Did you observe the blood on the floor ido?

478
00:22:42.359 --> 00:22:42.720
<v Speaker 3>Yes?

479
00:22:44.920 --> 00:22:45.279
<v Speaker 10>Correct?

480
00:22:47.079 --> 00:22:49.799
<v Speaker 8>And when you went into the bedroom you made observations

481
00:22:49.799 --> 00:22:50.680
<v Speaker 8>as a detective?

482
00:22:52.799 --> 00:22:53.160
<v Speaker 7>Certainly?

483
00:22:54.839 --> 00:22:55.000
<v Speaker 3>Yes?

484
00:22:56.880 --> 00:23:00.839
<v Speaker 8>Does this appear to be a fair accurately rendition of

485
00:23:00.880 --> 00:23:02.839
<v Speaker 8>the floor blood drops on the floor?

486
00:23:02.920 --> 00:23:03.000
<v Speaker 3>It?

487
00:23:04.039 --> 00:23:11.680
<v Speaker 8>Yes, this is a indication of the bed itself, the

488
00:23:11.759 --> 00:23:12.640
<v Speaker 8>right side of the bed.

489
00:23:12.759 --> 00:23:15.400
<v Speaker 7>Additional blood that was located.

490
00:23:15.000 --> 00:23:18.240
<v Speaker 8>On the floor next to the boots just appeared to

491
00:23:18.279 --> 00:23:20.200
<v Speaker 8>be the night stand that was next to the bed.

492
00:23:20.359 --> 00:23:20.880
<v Speaker 9>It doesn't.

493
00:23:20.960 --> 00:23:23.400
<v Speaker 8>And do you see what's on top of the night skin? Yes,

494
00:23:23.480 --> 00:23:24.880
<v Speaker 8>but what's on top of the night stand.

495
00:23:24.960 --> 00:23:28.319
<v Speaker 9>There's two cups, a knife looks like a jar or something,

496
00:23:28.319 --> 00:23:28.799
<v Speaker 9>and maybe a.

497
00:23:28.759 --> 00:23:30.759
<v Speaker 7>Clock also blood drops.

498
00:23:30.759 --> 00:23:31.920
<v Speaker 3>Correct.

499
00:23:32.240 --> 00:23:36.680
<v Speaker 8>This is a additional photograph moving father down.

500
00:23:36.519 --> 00:23:37.799
<v Speaker 7>Towards the right side of the bed.

501
00:23:37.920 --> 00:23:38.319
<v Speaker 10>Correct.

502
00:23:41.759 --> 00:23:44.240
<v Speaker 8>This is a close up of the knife that was

503
00:23:44.240 --> 00:23:47.359
<v Speaker 8>on the night stand as well as the little cup

504
00:23:47.400 --> 00:23:52.000
<v Speaker 8>that was near and something that says deep sleep pillow spray.

505
00:23:52.119 --> 00:23:52.960
<v Speaker 3>You see that, yep?

506
00:23:53.160 --> 00:23:55.960
<v Speaker 10>And that was on the on that top of.

507
00:23:55.960 --> 00:23:58.319
<v Speaker 7>The furniture correct.

508
00:23:58.440 --> 00:23:58.799
<v Speaker 10>Correct.

509
00:24:00.440 --> 00:24:04.640
<v Speaker 8>This again is an area depicting areas of clothing. It

510
00:24:04.680 --> 00:24:09.400
<v Speaker 8>looks like a little headband, a wire perhaps the tragic phone.

511
00:24:09.440 --> 00:24:10.640
<v Speaker 3>And let on the floor.

512
00:24:10.759 --> 00:24:11.079
<v Speaker 10>Correct.

513
00:24:14.400 --> 00:24:17.839
<v Speaker 7>And this shows the location of the bed.

514
00:24:18.519 --> 00:24:21.480
<v Speaker 8>Additional photograph of the blood towards the end of the

515
00:24:21.519 --> 00:24:24.279
<v Speaker 8>bed and also the area of the window right.

516
00:24:26.039 --> 00:24:26.839
<v Speaker 3>Went off of these.

517
00:24:26.759 --> 00:24:31.039
<v Speaker 6>Jet to that photograph.

518
00:24:31.680 --> 00:24:35.759
<v Speaker 3>Can I see council in regards that may be admitted.

519
00:24:39.599 --> 00:24:40.920
<v Speaker 7>Different angle.

520
00:24:41.000 --> 00:24:43.599
<v Speaker 8>But basically the boots that I already showed you in

521
00:24:43.640 --> 00:24:46.680
<v Speaker 8>the blood showing that the blood kind of follows through

522
00:24:47.240 --> 00:24:50.319
<v Speaker 8>along the edge of the bed, the furniture and then up.

523
00:24:50.240 --> 00:24:50.759
<v Speaker 3>To the wall.

524
00:24:52.279 --> 00:24:53.119
<v Speaker 10>Was there also, like.

525
00:24:53.079 --> 00:24:55.279
<v Speaker 7>If you one of those full length.

526
00:24:55.160 --> 00:24:56.680
<v Speaker 9>Mirrors, I don't go.

527
00:25:00.079 --> 00:25:03.640
<v Speaker 3>In that all right, those pictures may be admitted.

528
00:25:04.960 --> 00:25:06.839
<v Speaker 10>So you had nothing willing.

529
00:25:06.680 --> 00:25:08.359
<v Speaker 3>To take a council mock these.

530
00:25:13.799 --> 00:25:15.839
<v Speaker 7>So you had nothing to do with the seizure or

531
00:25:16.240 --> 00:25:17.039
<v Speaker 7>the models.

532
00:25:17.519 --> 00:25:21.319
<v Speaker 8>Correct, Yeah, you don't have a memory of looking in

533
00:25:21.440 --> 00:25:24.640
<v Speaker 8>the cabinet in the kitchen and seeing a number of

534
00:25:24.720 --> 00:25:27.200
<v Speaker 8>journals or spiral bound notebooks and books.

535
00:25:27.200 --> 00:25:27.559
<v Speaker 10>Correct?

536
00:25:29.279 --> 00:25:31.599
<v Speaker 8>Was that pretty much the extent of your involvement with

537
00:25:31.720 --> 00:25:32.599
<v Speaker 8>this case that night?

538
00:25:33.319 --> 00:25:34.640
<v Speaker 9>That night, guess?

539
00:25:34.960 --> 00:25:38.440
<v Speaker 8>And you really didn't get involved with any further investigation

540
00:25:38.559 --> 00:25:42.400
<v Speaker 8>on this matter as far as seizing evidence except for

541
00:25:42.440 --> 00:25:43.480
<v Speaker 8>what you testified to.

542
00:25:43.519 --> 00:25:46.920
<v Speaker 9>Right, we did seize I located a laptop in the

543
00:25:46.960 --> 00:25:50.400
<v Speaker 9>hallway closet, okay, and that was I believe sees by

544
00:25:50.400 --> 00:25:51.480
<v Speaker 9>the state police as well.

545
00:25:51.640 --> 00:25:56.079
<v Speaker 8>Okay, anything else you recall how about do you remember.

546
00:25:57.240 --> 00:25:59.400
<v Speaker 7>And you guys are searching or you watched the state

547
00:25:59.440 --> 00:25:59.960
<v Speaker 7>plice search.

548
00:26:01.799 --> 00:26:02.680
<v Speaker 2>Did they open up the.

549
00:26:04.160 --> 00:26:06.720
<v Speaker 10>Row to the nice stand that was next to the bed,

550
00:26:08.400 --> 00:26:09.000
<v Speaker 10>the number of.

551
00:26:08.960 --> 00:26:09.960
<v Speaker 7>Toad bottles in it.

552
00:26:12.119 --> 00:26:15.240
<v Speaker 9>Again, I wasn't present when that was taken, so I

553
00:26:15.279 --> 00:26:16.039
<v Speaker 9>can't attest to that.

554
00:26:17.279 --> 00:26:24.559
<v Speaker 13>I don't recall, Okay, Bucket, you redirect.

555
00:26:26.839 --> 00:26:30.240
<v Speaker 6>Sure when you were at the hospital with Lindsay Clancy

556
00:26:30.279 --> 00:26:33.119
<v Speaker 6>with the defendant, were the medical staff in the emergency

557
00:26:33.119 --> 00:26:35.839
<v Speaker 6>department actively treating the wounds to her neck and her wrists?

558
00:26:36.160 --> 00:26:36.759
<v Speaker 9>No, they were not.

559
00:26:37.240 --> 00:26:40.240
<v Speaker 6>And when you came back to the home at forty

560
00:26:40.240 --> 00:26:43.720
<v Speaker 6>seven Summer Street to secure the scene and wait for

561
00:26:43.759 --> 00:26:48.119
<v Speaker 6>crime scene services, nobody went into the house that didn't

562
00:26:48.119 --> 00:26:50.240
<v Speaker 6>need to be there before crime scene service, is correct?

563
00:26:50.359 --> 00:26:50.720
<v Speaker 9>Correct?

564
00:26:50.799 --> 00:26:52.480
<v Speaker 6>And that in your experience? Is that normal?

565
00:26:52.599 --> 00:26:52.799
<v Speaker 3>Yes?

566
00:26:53.359 --> 00:26:56.319
<v Speaker 6>And so were you present when any of the photographs

567
00:26:56.359 --> 00:26:58.160
<v Speaker 6>that were shown to you by defense council were taken?

568
00:26:58.319 --> 00:26:59.319
<v Speaker 9>I don't believe so.

569
00:26:59.559 --> 00:27:02.319
<v Speaker 6>Okay, So your testimony today about those photos is your

570
00:27:02.319 --> 00:27:04.839
<v Speaker 6>best memory of what the scene looked like at that time?

571
00:27:06.160 --> 00:27:09.160
<v Speaker 6>And as far as your role in the search warrant execution,

572
00:27:09.640 --> 00:27:12.200
<v Speaker 6>fair to say there were quite a number of State

573
00:27:12.240 --> 00:27:17.079
<v Speaker 6>Police Duxbury officers as well as crime scene troopers un

574
00:27:17.160 --> 00:27:21.400
<v Speaker 6>scene in the house during that and each person did

575
00:27:21.400 --> 00:27:23.279
<v Speaker 6>they have their own kind of role in what they

576
00:27:23.279 --> 00:27:26.160
<v Speaker 6>were doing. Correct, And did you kind of stay to

577
00:27:26.279 --> 00:27:26.920
<v Speaker 6>your area?

578
00:27:27.599 --> 00:27:27.920
<v Speaker 10>Yes?

579
00:27:28.079 --> 00:27:30.880
<v Speaker 6>And you indicated that you found only found a laptop

580
00:27:30.920 --> 00:27:33.640
<v Speaker 6>in the first floor closet, correct, Correct, And so any

581
00:27:33.680 --> 00:27:37.000
<v Speaker 6>of the other manners in which the rooms were searched

582
00:27:37.079 --> 00:27:39.119
<v Speaker 6>you were not a part of. Correct, Thank you nothing

583
00:27:39.160 --> 00:27:39.400
<v Speaker 6>for them.

584
00:27:39.680 --> 00:27:42.119
<v Speaker 8>You didn't have to stay to the area as a

585
00:27:42.200 --> 00:27:45.559
<v Speaker 8>detective in the Duxbury Police department, did you, correct? So

586
00:27:45.599 --> 00:27:48.039
<v Speaker 8>you were able to go and assist with the search

587
00:27:48.119 --> 00:27:51.279
<v Speaker 8>and go into the different rooms and look for potential evidence.

588
00:27:51.359 --> 00:27:52.160
<v Speaker 14>Right, that's correct?

589
00:27:52.400 --> 00:27:55.559
<v Speaker 8>And do you remember approximately how many Duxbury Police officers

590
00:27:55.599 --> 00:27:59.119
<v Speaker 8>were in or about the house, either outside on the porch,

591
00:27:59.200 --> 00:28:01.519
<v Speaker 8>on the deck house, downstairs upstairs?

592
00:28:01.559 --> 00:28:02.319
<v Speaker 9>I don't it.

593
00:28:02.319 --> 00:28:03.359
<v Speaker 3>Would it be more than ten?

594
00:28:05.000 --> 00:28:06.359
<v Speaker 9>No, I wouldn't say more than ten.

595
00:28:06.559 --> 00:28:07.480
<v Speaker 10>How about State police?

596
00:28:07.480 --> 00:28:08.519
<v Speaker 3>You remember how many they were?

597
00:28:08.559 --> 00:28:10.880
<v Speaker 10>Of them? So all told?

598
00:28:10.880 --> 00:28:13.799
<v Speaker 8>When you considered that the Sheriff's department wasn't there too?

599
00:28:13.839 --> 00:28:14.160
<v Speaker 10>Were they?

600
00:28:14.160 --> 00:28:16.839
<v Speaker 3>If you recall, sometimes they send them to take pictures.

601
00:28:16.880 --> 00:28:18.160
<v Speaker 3>I don't know if they Okay?

602
00:28:19.240 --> 00:28:22.160
<v Speaker 8>Would you agree that they were probably more than ten

603
00:28:22.400 --> 00:28:25.759
<v Speaker 8>officers from State police and Duxbury Police that would be

604
00:28:25.839 --> 00:28:29.880
<v Speaker 8>doing this investigation? Correct, all right, a number of police

605
00:28:29.920 --> 00:28:33.519
<v Speaker 8>cruisers and then you have perhaps just asking the yellow tape,

606
00:28:33.640 --> 00:28:35.279
<v Speaker 8>you know, crime scene, don't pass it.

607
00:28:35.240 --> 00:28:35.599
<v Speaker 10>And all that.

608
00:28:36.240 --> 00:28:38.440
<v Speaker 8>Now, if I was, for example, to show up and

609
00:28:38.559 --> 00:28:40.559
<v Speaker 8>pull up in my car and get out, and they're

610
00:28:40.559 --> 00:28:42.519
<v Speaker 8>not gonna let me wander in the house and look around,

611
00:28:42.559 --> 00:28:46.319
<v Speaker 8>are they correct? I mean that's just for law enforcement

612
00:28:46.359 --> 00:28:50.279
<v Speaker 8>officers only until they clear the scene. Correct, that's after

613
00:28:50.359 --> 00:28:53.720
<v Speaker 8>they execute their search warrants and find whatever evidence is

614
00:28:53.799 --> 00:28:56.720
<v Speaker 8>relevant in their opinion, correct that they seize, right, Yes,

615
00:28:56.839 --> 00:28:58.960
<v Speaker 8>once the scene is clear, then people are able to

616
00:28:59.160 --> 00:29:00.000
<v Speaker 8>go back into the home.

617
00:29:00.319 --> 00:29:00.720
<v Speaker 3>Right.

618
00:29:00.960 --> 00:29:03.119
<v Speaker 8>And you don't know I would imagine when they cleared

619
00:29:03.119 --> 00:29:05.640
<v Speaker 8>the scene. Correct, Thank you, that's all weird.

620
00:29:05.640 --> 00:29:07.920
<v Speaker 13>Anything on that, all right, thank you, sir, Thank you,

621
00:29:08.279 --> 00:29:08.519
<v Speaker 13>Thank you.

622
00:29:09.720 --> 00:29:12.160
<v Speaker 3>Three Bucky please.

623
00:29:14.160 --> 00:29:18.000
<v Speaker 13>Olright, good afternoon, sir, afternoon, sir, all right, three Bucky

624
00:29:18.000 --> 00:29:18.759
<v Speaker 13>and polease, thank.

625
00:29:18.599 --> 00:29:20.920
<v Speaker 6>You, good morning, good morning. Could you please tell the

626
00:29:21.000 --> 00:29:21.799
<v Speaker 6>juris your first.

627
00:29:21.599 --> 00:29:24.759
<v Speaker 11>And last name Richard Lepard and.

628
00:29:24.680 --> 00:29:26.839
<v Speaker 6>Can you spell your last name for the record.

629
00:29:26.759 --> 00:29:28.960
<v Speaker 11>L ipp aar D.

630
00:29:29.400 --> 00:29:30.359
<v Speaker 6>And how you employed?

631
00:29:31.039 --> 00:29:32.759
<v Speaker 11>I worked for the Duxbury Police Department.

632
00:29:33.000 --> 00:29:34.480
<v Speaker 6>And how long have you been a police officer?

633
00:29:35.000 --> 00:29:36.000
<v Speaker 11>Six and a half years?

634
00:29:36.720 --> 00:29:39.279
<v Speaker 6>Have you worked for Duxbury the entire time or did

635
00:29:39.279 --> 00:29:39.680
<v Speaker 6>you work.

636
00:29:39.559 --> 00:29:41.279
<v Speaker 11>Some police house the entire time?

637
00:29:41.920 --> 00:29:47.480
<v Speaker 6>What's your current assignment at the Duxbury Police patrolman? Back

638
00:29:47.480 --> 00:29:49.880
<v Speaker 6>in January of twenty twenty three, were you also on

639
00:29:49.960 --> 00:29:53.119
<v Speaker 6>patrol then, yes, ma'am. Were you working the day of

640
00:29:53.160 --> 00:29:57.960
<v Speaker 6>January twenty fourth, twenty twenty three, Yes, At some point

641
00:29:58.079 --> 00:30:00.039
<v Speaker 6>while you were on ship that day, were you you

642
00:30:00.160 --> 00:30:03.599
<v Speaker 6>asked to assist in an ongoing investigation for an incident

643
00:30:03.680 --> 00:30:06.000
<v Speaker 6>that occurred at forty seven Summer Street in Duxbury.

644
00:30:06.400 --> 00:30:08.359
<v Speaker 11>Yes, I was called back in.

645
00:30:09.400 --> 00:30:10.200
<v Speaker 6>You were called back in?

646
00:30:10.440 --> 00:30:10.680
<v Speaker 11>Yep?

647
00:30:10.799 --> 00:30:11.880
<v Speaker 6>Had you finished your shift?

648
00:30:12.039 --> 00:30:12.599
<v Speaker 11>Yes, ma'am.

649
00:30:12.839 --> 00:30:13.759
<v Speaker 6>And so where were.

650
00:30:13.640 --> 00:30:15.960
<v Speaker 11>You asked to go to the police department?

651
00:30:17.079 --> 00:30:19.599
<v Speaker 6>When you came to the police department, where did they

652
00:30:19.759 --> 00:30:22.000
<v Speaker 6>direct you to go? As far as the investigation went?

653
00:30:22.200 --> 00:30:23.799
<v Speaker 11>South Shore Hospital in Weymouth.

654
00:30:24.319 --> 00:30:26.839
<v Speaker 6>And so when you arrived at Solfshare Hospital, was there

655
00:30:26.839 --> 00:30:28.519
<v Speaker 6>already another Duxberry officer.

656
00:30:28.240 --> 00:30:30.440
<v Speaker 11>There, Detective Mafia was there?

657
00:30:30.599 --> 00:30:30.920
<v Speaker 10>Okay?

658
00:30:31.359 --> 00:30:33.079
<v Speaker 6>And what was the purpose of you going to south

659
00:30:33.079 --> 00:30:34.279
<v Speaker 6>Shore Hospital.

660
00:30:36.680 --> 00:30:39.359
<v Speaker 11>To overwatch the person in custody?

661
00:30:39.640 --> 00:30:42.000
<v Speaker 6>Okay? And did you learn who that person was?

662
00:30:42.400 --> 00:30:42.720
<v Speaker 10>Yes?

663
00:30:43.119 --> 00:30:45.880
<v Speaker 6>And fair to say that individual was a woman by

664
00:30:45.920 --> 00:30:47.319
<v Speaker 6>the name of Lindsay Clancy Crackt.

665
00:30:47.559 --> 00:30:47.759
<v Speaker 3>Yes.

666
00:30:48.039 --> 00:30:50.960
<v Speaker 6>What were your observations of her when you were at

667
00:30:51.000 --> 00:30:51.880
<v Speaker 6>south Shore Hospital?

668
00:30:53.200 --> 00:30:58.000
<v Speaker 11>She seemed to be sedated, not speaking or anything on

669
00:30:58.039 --> 00:30:59.720
<v Speaker 11>the hospital bed, just laying there.

670
00:31:00.319 --> 00:31:04.680
<v Speaker 6>And excuse me, when you were there or during the

671
00:31:04.720 --> 00:31:06.599
<v Speaker 6>time that you were there, did you ever have any

672
00:31:06.599 --> 00:31:07.559
<v Speaker 6>conversation with her?

673
00:31:07.920 --> 00:31:08.079
<v Speaker 3>No?

674
00:31:08.400 --> 00:31:11.000
<v Speaker 6>Did she remain unresponsive during the time that you were there?

675
00:31:11.319 --> 00:31:11.599
<v Speaker 10>Yes?

676
00:31:12.240 --> 00:31:16.480
<v Speaker 6>And were you also there when somebody came in and

677
00:31:16.519 --> 00:31:18.599
<v Speaker 6>took some photographs of her?

678
00:31:19.240 --> 00:31:20.160
<v Speaker 11>I do not recall.

679
00:31:24.279 --> 00:31:26.440
<v Speaker 6>Were medical staff tending to her during the time that

680
00:31:26.480 --> 00:31:27.039
<v Speaker 6>you were with her?

681
00:31:27.319 --> 00:31:27.640
<v Speaker 10>Yes?

682
00:31:27.839 --> 00:31:30.640
<v Speaker 6>Where in the Soelshire hospital was this the emergency department

683
00:31:30.680 --> 00:31:31.359
<v Speaker 6>or someplace else?

684
00:31:31.519 --> 00:31:32.599
<v Speaker 11>Emergency department?

685
00:31:33.079 --> 00:31:38.039
<v Speaker 6>And shortly after you were there observing her, did she

686
00:31:38.279 --> 00:31:39.960
<v Speaker 6>or did the doctors indicate she was going to be

687
00:31:39.960 --> 00:31:41.119
<v Speaker 6>transported someplace else?

688
00:31:41.640 --> 00:31:41.880
<v Speaker 3>Yes?

689
00:31:42.039 --> 00:31:42.960
<v Speaker 6>Where was she going to go?

690
00:31:43.759 --> 00:31:45.440
<v Speaker 11>That she was going to be med flighted to the

691
00:31:45.440 --> 00:31:46.599
<v Speaker 11>Brigham in Boston.

692
00:31:47.200 --> 00:31:51.039
<v Speaker 6>And other than yourself or other law enforcement and medical staff,

693
00:31:51.039 --> 00:31:53.720
<v Speaker 6>did anyone speak with her at the Soelshore Hospital?

694
00:31:54.359 --> 00:31:54.519
<v Speaker 11>No?

695
00:31:55.319 --> 00:32:00.480
<v Speaker 6>And when she was transported to the hospital and Boston,

696
00:32:00.519 --> 00:32:02.279
<v Speaker 6>did you go along with the transport?

697
00:32:02.559 --> 00:32:02.799
<v Speaker 3>Yes?

698
00:32:02.880 --> 00:32:04.559
<v Speaker 6>Do you remember how she was transported.

699
00:32:04.720 --> 00:32:06.920
<v Speaker 11>It was a medlight helicopter, so you.

700
00:32:06.880 --> 00:32:08.160
<v Speaker 6>Wrote in the helicopter with her.

701
00:32:08.400 --> 00:32:08.680
<v Speaker 10>Yes.

702
00:32:09.200 --> 00:32:14.119
<v Speaker 6>And when you arrived at the Brigham in Boston, where

703
00:32:14.160 --> 00:32:15.079
<v Speaker 6>did she go there?

704
00:32:15.599 --> 00:32:17.359
<v Speaker 11>She went to the emergency room.

705
00:32:17.920 --> 00:32:20.200
<v Speaker 6>Did you remain with her during that time period?

706
00:32:20.519 --> 00:32:20.960
<v Speaker 10>Correct?

707
00:32:21.559 --> 00:32:24.680
<v Speaker 6>And was there anyone else with you at the Brigham

708
00:32:24.720 --> 00:32:25.119
<v Speaker 6>with her?

709
00:32:25.599 --> 00:32:28.079
<v Speaker 11>Off, Sir Broderick, And.

710
00:32:28.079 --> 00:32:31.240
<v Speaker 6>So the two of you were what was your role.

711
00:32:31.799 --> 00:32:34.160
<v Speaker 11>Just to overwatch and stay with.

712
00:32:34.160 --> 00:32:36.680
<v Speaker 6>Her at any point when you were with her at

713
00:32:36.720 --> 00:32:41.799
<v Speaker 6>the Brigham did she ever was she ever awake or responsive?

714
00:32:42.920 --> 00:32:44.400
<v Speaker 11>No, not to my knowledge.

715
00:32:47.039 --> 00:32:48.880
<v Speaker 6>And how long were you at the Brigham with her?

716
00:32:52.319 --> 00:32:54.839
<v Speaker 11>About fifteen to sixteen hours, okay.

717
00:32:54.680 --> 00:32:56.319
<v Speaker 6>So fair to say it was over the course of

718
00:32:56.359 --> 00:32:59.119
<v Speaker 6>that night until the next morning, Yes, ma'am. Over the

719
00:32:59.160 --> 00:33:01.000
<v Speaker 6>course of the night and the next morning. Do you

720
00:33:01.279 --> 00:33:03.880
<v Speaker 6>observe her medical status change?

721
00:33:05.279 --> 00:33:08.640
<v Speaker 11>There was some type of medical code during the nighttime.

722
00:33:08.759 --> 00:33:09.960
<v Speaker 11>I'm not sure what it was.

723
00:33:10.119 --> 00:33:13.359
<v Speaker 6>Okay, But you were present in the room when that happened.

724
00:33:13.640 --> 00:33:16.000
<v Speaker 11>Yes, we were outside the room outside.

725
00:33:16.200 --> 00:33:16.279
<v Speaker 15>Ye.

726
00:33:18.839 --> 00:33:22.279
<v Speaker 6>And the next morning, when your shift concluded, did somebody

727
00:33:22.319 --> 00:33:25.079
<v Speaker 6>else from the Duxbury Police Department come and relieve you?

728
00:33:25.759 --> 00:33:26.119
<v Speaker 11>Yes?

729
00:33:26.839 --> 00:33:30.920
<v Speaker 6>During the time that you were there did anyone besides

730
00:33:31.000 --> 00:33:34.119
<v Speaker 6>medical staff or the law enforcement officers that you were

731
00:33:34.160 --> 00:33:39.640
<v Speaker 6>with interact with the defendant. No, thank you nothing for that.

732
00:33:41.680 --> 00:33:44.839
<v Speaker 3>It's ready money.

733
00:33:44.680 --> 00:33:50.119
<v Speaker 8>Afternoon, So young man working for the town of Duxbury.

734
00:33:50.319 --> 00:33:54.839
<v Speaker 8>And you were detailed to the home initially correct, No, sir,

735
00:33:54.880 --> 00:33:56.839
<v Speaker 8>you didn't go to the house at all, No, sir, okay,

736
00:33:56.880 --> 00:33:58.119
<v Speaker 8>you went directly to Self Shore.

737
00:33:58.319 --> 00:33:58.720
<v Speaker 3>Correct.

738
00:33:58.759 --> 00:34:01.599
<v Speaker 8>And when you were at south Shore, your purpose was to,

739
00:34:01.599 --> 00:34:04.279
<v Speaker 8>as you say, overwatch Well, that basically is, she was

740
00:34:04.319 --> 00:34:07.279
<v Speaker 8>in custody at that point, right, correct. So one of

741
00:34:07.359 --> 00:34:11.360
<v Speaker 8>your obligations was is to, I guess, guard the unconscious person,

742
00:34:11.400 --> 00:34:15.239
<v Speaker 8>to make sure what to do, what, just to stand there, correct, okay,

743
00:34:16.079 --> 00:34:17.199
<v Speaker 8>And you did in.

744
00:34:17.159 --> 00:34:18.840
<v Speaker 10>The South Shore hospital, right, yes, sir.

745
00:34:18.840 --> 00:34:22.599
<v Speaker 8>And you made your observations of her bandage or whatever

746
00:34:22.760 --> 00:34:23.599
<v Speaker 8>laying in the bed and.

747
00:34:23.559 --> 00:34:25.039
<v Speaker 3>She was not conscious correct.

748
00:34:25.360 --> 00:34:25.760
<v Speaker 11>Correct.

749
00:34:26.000 --> 00:34:29.320
<v Speaker 8>And at some point the decision was made medically that

750
00:34:29.360 --> 00:34:32.119
<v Speaker 8>they were going to have her med flighted to the

751
00:34:32.159 --> 00:34:35.000
<v Speaker 8>Boston hospital bring him a woman's right correct.

752
00:34:35.079 --> 00:34:36.599
<v Speaker 3>And that was by way of the helicopter.

753
00:34:36.880 --> 00:34:37.880
<v Speaker 11>Yes, sir, you had a.

754
00:34:37.800 --> 00:34:41.039
<v Speaker 8>Helicopter ride into Boston with her, right, Yes, sir, you

755
00:34:41.079 --> 00:34:44.079
<v Speaker 8>were over watching her in the helicopter again, right, Yes,

756
00:34:44.119 --> 00:34:48.199
<v Speaker 8>she still had not gained consciousness at all. Correct, She

757
00:34:48.280 --> 00:34:51.440
<v Speaker 8>wasn't talking to you or medical staff or anybody.

758
00:34:51.000 --> 00:34:51.960
<v Speaker 10>Right, correct.

759
00:34:52.000 --> 00:34:53.960
<v Speaker 8>He was already had the tubes and stuff in her

760
00:34:53.960 --> 00:34:57.039
<v Speaker 8>mouth coming out. She was bandaged up and wrapped up

761
00:34:57.119 --> 00:35:01.039
<v Speaker 8>and basically laying down in the gurney in the helllicopter.

762
00:35:00.559 --> 00:35:01.440
<v Speaker 11>Right, yes, sir.

763
00:35:02.360 --> 00:35:04.599
<v Speaker 8>So once she gets to Brigham and Women's Hospital, they

764
00:35:04.599 --> 00:35:08.079
<v Speaker 8>bring her into the emergency room, right, yes. And that

765
00:35:08.159 --> 00:35:16.320
<v Speaker 8>room was loaded with equipment, boxes, wires, tubes, buzzing beeps, lights,

766
00:35:16.360 --> 00:35:19.960
<v Speaker 8>things of that nature, right, Yes, life saving equipment that

767
00:35:20.039 --> 00:35:24.239
<v Speaker 8>was in there, right, Yes, very small room, wasn't it.

768
00:35:24.320 --> 00:35:25.639
<v Speaker 10>Yes, kind of had to maneuver.

769
00:35:27.880 --> 00:35:30.320
<v Speaker 11>There was enough space for the medical staff to maneuver,

770
00:35:30.559 --> 00:35:30.920
<v Speaker 11>all right.

771
00:35:30.960 --> 00:35:34.280
<v Speaker 8>And how many police officers were over watching the unconscious

772
00:35:34.280 --> 00:35:36.840
<v Speaker 8>person while she was in the emergency room and Bringham

773
00:35:36.840 --> 00:35:39.079
<v Speaker 8>a woman too, That would be you and the other

774
00:35:39.119 --> 00:35:42.000
<v Speaker 8>officer from Duxbury, Yes, sir. At what point did the

775
00:35:42.000 --> 00:35:44.199
<v Speaker 8>state police officers arrive in the hospital.

776
00:35:47.559 --> 00:35:49.599
<v Speaker 11>I don't recall them coming to the hospital.

777
00:35:49.679 --> 00:35:52.079
<v Speaker 3>Did you ever see state police in the hospital.

778
00:35:54.119 --> 00:35:56.599
<v Speaker 11>Possibly at South Shore Hospital, but not in Boston.

779
00:35:57.440 --> 00:36:01.159
<v Speaker 8>So you're in Brigham and Women's off of the helicopter

780
00:36:01.360 --> 00:36:04.880
<v Speaker 8>into the emergency room for a day, is that correct?

781
00:36:05.800 --> 00:36:06.159
<v Speaker 10>Correct?

782
00:36:06.199 --> 00:36:06.960
<v Speaker 11>Sixteen hours?

783
00:36:07.039 --> 00:36:09.159
<v Speaker 10>Did you go back there again after.

784
00:36:08.880 --> 00:36:11.239
<v Speaker 11>That day to subshore hospital.

785
00:36:11.280 --> 00:36:15.599
<v Speaker 8>No, Brigham a women's hospital, No, So you're limited to

786
00:36:15.639 --> 00:36:17.760
<v Speaker 8>the time that you were there as to you and

787
00:36:17.800 --> 00:36:22.599
<v Speaker 8>your brother officer were there in the room with her, correct, Yes,

788
00:36:23.000 --> 00:36:26.880
<v Speaker 8>and a number of nurses and doctors, right, Yes, you

789
00:36:26.920 --> 00:36:28.880
<v Speaker 8>had to say it was pretty much it was chaos.

790
00:36:28.920 --> 00:36:29.760
<v Speaker 3>It was pretty It was.

791
00:36:29.760 --> 00:36:31.480
<v Speaker 10>Like bedlamb in that room, wasn't it?

792
00:36:32.199 --> 00:36:33.119
<v Speaker 11>Yes, very busy.

793
00:36:33.440 --> 00:36:37.599
<v Speaker 8>And you don't remember any other police officers. How about

794
00:36:37.880 --> 00:36:40.559
<v Speaker 8>internal police officers from Brigham and Women's Hospital?

795
00:36:40.599 --> 00:36:42.159
<v Speaker 10>Do you recall them being there?

796
00:36:42.599 --> 00:36:44.760
<v Speaker 11>There may have been security, but I do not recall.

797
00:36:45.639 --> 00:36:48.519
<v Speaker 8>So is it your testimony that you do not recall

798
00:36:48.800 --> 00:36:53.760
<v Speaker 8>any other police being in that room or outside the

799
00:36:53.840 --> 00:36:55.000
<v Speaker 8>room when you were.

800
00:36:54.880 --> 00:36:55.840
<v Speaker 11>There, correct?

801
00:36:56.199 --> 00:37:00.159
<v Speaker 8>Now, at some point police were detailed, if you know, oh,

802
00:37:00.559 --> 00:37:03.159
<v Speaker 8>to sit outside the room to guide the door, is

803
00:37:03.159 --> 00:37:03.719
<v Speaker 8>that correct?

804
00:37:04.119 --> 00:37:09.400
<v Speaker 3>Yes? And what were you guiding against actually overall.

805
00:37:10.559 --> 00:37:12.960
<v Speaker 11>Anybody coming to visit, right, because.

806
00:37:12.760 --> 00:37:14.119
<v Speaker 10>Nobody was allowed to visit right?

807
00:37:14.559 --> 00:37:14.960
<v Speaker 3>Correct?

808
00:37:19.119 --> 00:37:21.360
<v Speaker 8>And then while you were there in the early morning,

809
00:37:21.440 --> 00:37:23.519
<v Speaker 8>I was about two twenty four or something like that.

810
00:37:23.559 --> 00:37:27.280
<v Speaker 3>There was, as you said to the jury of code right. Yes.

811
00:37:27.679 --> 00:37:31.559
<v Speaker 8>And again that kind of amped up the bedlamb at

812
00:37:31.559 --> 00:37:34.280
<v Speaker 8>that point, didn't it, Yes, sir, with people running from

813
00:37:34.280 --> 00:37:38.000
<v Speaker 8>all over, and you could hear on the microphone code

814
00:37:38.000 --> 00:37:42.239
<v Speaker 8>blue with the room being identified, right, yes, and that

815
00:37:42.360 --> 00:37:45.559
<v Speaker 8>meant that she was dead or dying right.

816
00:37:46.480 --> 00:37:46.840
<v Speaker 11>Yes.

817
00:37:48.920 --> 00:37:51.280
<v Speaker 10>She was chained to the hospital bed too, wasn't she.

818
00:37:52.440 --> 00:37:56.079
<v Speaker 11>I do not recall her being handcuffed? No, sir.

819
00:37:57.159 --> 00:38:03.320
<v Speaker 3>Do you recall when you left? Yes?

820
00:38:06.239 --> 00:38:10.760
<v Speaker 11>The next morning around ten from what I remember.

821
00:38:10.519 --> 00:38:12.639
<v Speaker 10>Okay, And you were relieved by.

822
00:38:12.519 --> 00:38:16.679
<v Speaker 11>Who Officer Daily from the Duxbury Police Department and Officer

823
00:38:16.800 --> 00:38:18.920
<v Speaker 11>Johnson from the Duxbury Police Department.

824
00:38:19.000 --> 00:38:22.960
<v Speaker 8>All right, so you've got two Duxbury Police officers. And

825
00:38:23.360 --> 00:38:25.960
<v Speaker 8>do your memory with any other law enforcement officers?

826
00:38:26.159 --> 00:38:26.760
<v Speaker 11>Not with them?

827
00:38:26.800 --> 00:38:29.719
<v Speaker 10>No, how about on their own?

828
00:38:29.760 --> 00:38:32.360
<v Speaker 8>Did you observe other law enforcement officers come in that

829
00:38:32.440 --> 00:38:33.559
<v Speaker 8>room or outside the room?

830
00:38:33.679 --> 00:38:35.880
<v Speaker 3>No, sir, And then you that was the end of

831
00:38:35.920 --> 00:38:38.880
<v Speaker 3>your shift and you left, yes, sir? Okay, thank you, sir.

832
00:38:40.440 --> 00:38:43.639
<v Speaker 3>Counsel think further, all right, thank you, sir, Thank you.

833
00:38:46.480 --> 00:38:46.840
<v Speaker 6>Come off.

834
00:38:46.920 --> 00:38:49.000
<v Speaker 15>Calls Doctor Mark Kenowitz.

835
00:38:50.000 --> 00:38:52.719
<v Speaker 7>For the record. Object this.

836
00:38:54.559 --> 00:38:55.400
<v Speaker 3>Circumstances.

837
00:38:55.599 --> 00:38:56.840
<v Speaker 15>Do you want to go to sidebar.

838
00:38:58.760 --> 00:39:04.719
<v Speaker 13>Hy trees bray concern, thank you Anna, lots of stuff,

839
00:39:06.920 --> 00:39:10.880
<v Speaker 13>Cadethnue doc half you answer Hi, May yes, please, thank you,

840
00:39:11.239 --> 00:39:11.840
<v Speaker 13>good afternoon.

841
00:39:11.920 --> 00:39:13.639
<v Speaker 16>Could you please state and spell your name for the

842
00:39:13.719 --> 00:39:18.360
<v Speaker 16>record mark Joseph Tanarowitz, M A R K J O

843
00:39:18.679 --> 00:39:21.400
<v Speaker 16>S E P H T E N E R O

844
00:39:21.800 --> 00:39:22.480
<v Speaker 16>W I c Z.

845
00:39:23.199 --> 00:39:24.960
<v Speaker 15>And what is your date of birth star to twenty

846
00:39:25.000 --> 00:39:27.119
<v Speaker 15>eight sixty nine? What do you do for a living?

847
00:39:28.280 --> 00:39:31.519
<v Speaker 17>I was an emergency physician. I'm currently not acting as

848
00:39:31.559 --> 00:39:32.400
<v Speaker 17>an emergency physician.

849
00:39:32.960 --> 00:39:33.760
<v Speaker 15>What do you currently do?

850
00:39:34.519 --> 00:39:36.840
<v Speaker 17>I do disability review for the Day Rhode Island.

851
00:39:37.599 --> 00:39:41.039
<v Speaker 15>And so directing your attention back to January of twenty

852
00:39:41.159 --> 00:39:44.079
<v Speaker 15>twenty three, were you an emergency room physician at that time?

853
00:39:44.280 --> 00:39:44.800
<v Speaker 3>Yes? I was?

854
00:39:45.000 --> 00:39:48.360
<v Speaker 15>And where did you work? Beth Israel, Deaconess Plymouth And

855
00:39:48.440 --> 00:39:51.719
<v Speaker 15>could you briefly describe for the jurors your educational background

856
00:39:51.760 --> 00:39:54.000
<v Speaker 15>and the training that you underwent to qualify to be

857
00:39:54.039 --> 00:39:55.239
<v Speaker 15>an emergency room physician.

858
00:39:55.440 --> 00:39:58.480
<v Speaker 17>I did my undergraduate education at Trinity College. I did

859
00:39:58.519 --> 00:40:02.039
<v Speaker 17>a one year postbacalaureate pre medical program at Bremmar College.

860
00:40:02.679 --> 00:40:05.840
<v Speaker 17>I then got my medical degree from Brown University, and

861
00:40:05.960 --> 00:40:09.159
<v Speaker 17>I did my residency in emergency medicine at UMSS Memorial

862
00:40:09.199 --> 00:40:09.559
<v Speaker 17>in Worcester.

863
00:40:10.559 --> 00:40:12.920
<v Speaker 15>And when you finished your education and training, did you

864
00:40:13.079 --> 00:40:17.920
<v Speaker 15>work in emergency care after that point up until you've

865
00:40:18.000 --> 00:40:22.440
<v Speaker 15>changed positions? In directing your attention to January twenty fourth,

866
00:40:22.599 --> 00:40:24.920
<v Speaker 15>twenty twenty three, were you working in the evening hours

867
00:40:25.000 --> 00:40:25.320
<v Speaker 15>that day?

868
00:40:25.599 --> 00:40:25.920
<v Speaker 18>I was?

869
00:40:26.559 --> 00:40:28.400
<v Speaker 15>And at some point in time did you treat a

870
00:40:28.519 --> 00:40:29.880
<v Speaker 15>child named Dawson Clancy?

871
00:40:30.199 --> 00:40:30.400
<v Speaker 10>Yes?

872
00:40:31.199 --> 00:40:32.159
<v Speaker 15>How did he arrive at.

873
00:40:32.079 --> 00:40:33.000
<v Speaker 11>The hospital here?

874
00:40:33.119 --> 00:40:34.679
<v Speaker 17>Arrived by Fire department ambulance?

875
00:40:35.360 --> 00:40:37.559
<v Speaker 15>And when he arrived were you given a summary of

876
00:40:37.639 --> 00:40:39.800
<v Speaker 15>his injuries by emergency personnel?

877
00:40:40.000 --> 00:40:40.199
<v Speaker 3>Yes?

878
00:40:40.400 --> 00:40:41.519
<v Speaker 15>What did you learn at that time?

879
00:40:41.920 --> 00:40:45.039
<v Speaker 17>I was told that he reportedly had been strangled, and

880
00:40:45.159 --> 00:40:47.039
<v Speaker 17>he was found without a pulse and not breathing.

881
00:40:48.280 --> 00:40:50.880
<v Speaker 15>And what observations did you make of Dawson yourself?

882
00:40:51.519 --> 00:40:52.239
<v Speaker 3>When he arrived?

883
00:40:52.320 --> 00:40:56.760
<v Speaker 17>He had a breathing tubein they had placed a device

884
00:40:56.880 --> 00:40:58.880
<v Speaker 17>into the bone of his leg to give him intravenoce

885
00:40:58.920 --> 00:41:02.639
<v Speaker 17>fluids and medicines CPR was in progress. He was not

886
00:41:02.719 --> 00:41:04.400
<v Speaker 17>breathing on his own, and and he had no pulse

887
00:41:04.400 --> 00:41:05.400
<v Speaker 17>and I was not responding.

888
00:41:06.440 --> 00:41:10.280
<v Speaker 15>And after quote straight, did you observe any trauma to

889
00:41:10.360 --> 00:41:10.800
<v Speaker 15>his body.

890
00:41:11.800 --> 00:41:14.400
<v Speaker 17>I believe there were some old appearing bruises on his legs,

891
00:41:15.199 --> 00:41:19.119
<v Speaker 17>and there was some ruptured blood vessels on his face.

892
00:41:20.079 --> 00:41:22.639
<v Speaker 15>And did you observe anything in the area of his neck,

893
00:41:23.639 --> 00:41:29.079
<v Speaker 15>not that I can recall. And what did you do

894
00:41:29.199 --> 00:41:29.920
<v Speaker 15>to treat Dawson.

895
00:41:30.599 --> 00:41:33.920
<v Speaker 17>We continued CPR, We continued to give him ivy fluids.

896
00:41:34.440 --> 00:41:37.119
<v Speaker 17>We gave him doses of adrenaline to try and restart

897
00:41:37.199 --> 00:41:41.000
<v Speaker 17>his heart. We confirmed that the breathing tube was in

898
00:41:41.079 --> 00:41:45.079
<v Speaker 17>the right position. We eventually gave medicines to treat the

899
00:41:45.360 --> 00:41:48.360
<v Speaker 17>presumed acid build up in his blood. We gave him

900
00:41:48.400 --> 00:41:50.519
<v Speaker 17>calcium to make sure that his heart would if it

901
00:41:50.599 --> 00:41:52.079
<v Speaker 17>started again, would beat effectively.

902
00:41:52.639 --> 00:41:53.400
<v Speaker 10>And that's what we did.

903
00:41:54.199 --> 00:41:56.760
<v Speaker 15>And how did you go about making sure that the

904
00:41:57.039 --> 00:41:59.320
<v Speaker 15>breathing apparatus was in place properly?

905
00:42:00.719 --> 00:42:06.280
<v Speaker 17>Basically four ways. We detected carbon dioxide in the air

906
00:42:06.360 --> 00:42:08.679
<v Speaker 17>coming out of his lungs, which usually just comes from

907
00:42:08.719 --> 00:42:12.519
<v Speaker 17>the lungs. I listened and could hear breath sounds. I

908
00:42:12.639 --> 00:42:16.079
<v Speaker 17>looked with a video lorynge scope to confirm that the

909
00:42:16.159 --> 00:42:19.079
<v Speaker 17>tube was between the vocal cords going into the lungs.

910
00:42:19.119 --> 00:42:20.840
<v Speaker 9>And we didn't X ray and when.

911
00:42:20.760 --> 00:42:22.639
<v Speaker 15>You say you were hearing breath sounds, was that him

912
00:42:22.679 --> 00:42:25.119
<v Speaker 15>breathing on his own or something else breathing for him?

913
00:42:25.159 --> 00:42:27.119
<v Speaker 17>That it was someone breathing for him, squeezing the bag

914
00:42:27.159 --> 00:42:28.960
<v Speaker 17>attached to the breathing tube, And.

915
00:42:29.039 --> 00:42:31.760
<v Speaker 15>So that the breath sounds you heard just confirmed that

916
00:42:32.159 --> 00:42:37.159
<v Speaker 15>whoever was squeezing the bag mask bag valve mask, the

917
00:42:37.280 --> 00:42:38.920
<v Speaker 15>air from that was going into the lungs and then

918
00:42:38.960 --> 00:42:40.519
<v Speaker 15>coming carbon dix grost coming out.

919
00:42:40.639 --> 00:42:42.039
<v Speaker 9>He was not breathing spontaneously.

920
00:42:42.159 --> 00:42:42.440
<v Speaker 3>Okay.

921
00:42:43.039 --> 00:42:46.719
<v Speaker 15>And are you while all of this is happening, are

922
00:42:46.760 --> 00:42:48.880
<v Speaker 15>you continuing to assess him in his condition?

923
00:42:49.239 --> 00:42:49.440
<v Speaker 10>Yes?

924
00:42:49.760 --> 00:42:50.920
<v Speaker 15>And what were your assessments?

925
00:42:51.360 --> 00:42:54.199
<v Speaker 17>So we would stop periodically every several minutes to very

926
00:42:54.280 --> 00:42:56.039
<v Speaker 17>briefly check to see if he was breathing on his

927
00:42:56.119 --> 00:42:58.639
<v Speaker 17>own or if he had a pulse, and he was not.

928
00:42:58.800 --> 00:43:01.519
<v Speaker 17>At any point. At one point towards the end of

929
00:43:01.519 --> 00:43:04.599
<v Speaker 17>the resuscitation, I used an ultrasound to determine if his

930
00:43:04.719 --> 00:43:07.320
<v Speaker 17>heart was being effectively and there was no.

931
00:43:07.360 --> 00:43:07.960
<v Speaker 10>Evidence of that.

932
00:43:09.280 --> 00:43:13.639
<v Speaker 15>And based on your training and experience, at some point

933
00:43:13.679 --> 00:43:18.199
<v Speaker 15>in time, did you make a determination that your efforts

934
00:43:18.239 --> 00:43:18.760
<v Speaker 15>weren't going.

935
00:43:18.679 --> 00:43:19.480
<v Speaker 6>To be successful?

936
00:43:20.159 --> 00:43:24.199
<v Speaker 17>I did, based on the time from when resuscitative efforts

937
00:43:24.239 --> 00:43:27.159
<v Speaker 17>started in the field by the paramedics, and the time

938
00:43:27.199 --> 00:43:30.400
<v Speaker 17>that we put in, and the fact that despite the

939
00:43:30.480 --> 00:43:34.159
<v Speaker 17>best resuscitative efforts we could, the fluids, the medicines, the

940
00:43:34.280 --> 00:43:38.880
<v Speaker 17>CPR breathing for him, it did not look like his

941
00:43:38.960 --> 00:43:40.000
<v Speaker 17>heart wouldever start again.

942
00:43:40.519 --> 00:43:44.000
<v Speaker 15>Approximately how long did you and your team work on Dawson.

943
00:43:44.280 --> 00:43:47.480
<v Speaker 17>I believe we worked on Dawson about forty minutes, in

944
00:43:47.559 --> 00:43:49.280
<v Speaker 17>addition to what the paramedics.

945
00:43:48.840 --> 00:43:49.679
<v Speaker 9>Had done previously.

946
00:43:52.480 --> 00:43:54.159
<v Speaker 15>At any point in time did you try to use

947
00:43:54.199 --> 00:43:57.000
<v Speaker 15>a defibrillator? I did not, And why is that?

948
00:43:57.599 --> 00:44:00.519
<v Speaker 17>He was unfortunately never in a heart rhythm that would

949
00:44:00.559 --> 00:44:03.360
<v Speaker 17>have made defibrillation and effective treatment.

950
00:44:04.000 --> 00:44:06.239
<v Speaker 15>So your heart has to be in a certain condition

951
00:44:06.400 --> 00:44:08.360
<v Speaker 15>for a defibrillator to even work.

952
00:44:08.840 --> 00:44:12.760
<v Speaker 17>Yes, there are two heart rhythms basically equivaling out of

953
00:44:12.800 --> 00:44:16.360
<v Speaker 17>the heart that if you use a defibrillator you can

954
00:44:16.400 --> 00:44:19.920
<v Speaker 17>restore a rhythm that makes the heart beat effectively.

955
00:44:20.440 --> 00:44:22.039
<v Speaker 3>He was never in one of those rhythms.

956
00:44:23.079 --> 00:44:26.719
<v Speaker 15>And at some point in time did you declare Dawson deceased?

957
00:44:27.000 --> 00:44:27.199
<v Speaker 10>Yes?

958
00:44:28.119 --> 00:44:29.360
<v Speaker 15>And do you recall when that was.

959
00:44:29.960 --> 00:44:32.440
<v Speaker 17>I believe from my review of the records recently, it

960
00:44:32.480 --> 00:44:33.719
<v Speaker 17>was at nineteen twenty eight.

961
00:44:34.159 --> 00:44:37.199
<v Speaker 15>In nineteen twenty eight, would that be seven twenty eight pm.

962
00:44:37.400 --> 00:44:46.280
<v Speaker 3>It's correct, Thank you doctor, it's really definitely.

963
00:44:48.960 --> 00:44:51.599
<v Speaker 8>You indicated that you observe what appear to be older

964
00:44:51.679 --> 00:44:54.840
<v Speaker 8>bruises to his legs. Yes, sene area.

965
00:44:55.199 --> 00:44:58.039
<v Speaker 3>Yes. And he also had an interoscious device.

966
00:44:58.119 --> 00:44:59.119
<v Speaker 10>I think is that what you said?

967
00:44:59.280 --> 00:45:03.480
<v Speaker 8>Yes, he did, and that would require inserting a needle

968
00:45:03.559 --> 00:45:05.639
<v Speaker 8>or something into the excel shambone area.

969
00:45:05.760 --> 00:45:07.960
<v Speaker 3>Yes, into the tibia. Thank you. Sure, that's all I

970
00:45:08.000 --> 00:45:11.239
<v Speaker 3>have anything for the right, Thank you doctor.

971
00:45:11.320 --> 00:45:14.639
<v Speaker 15>Thank you from the call, doctor Benjamin Kaufman.

972
00:45:16.079 --> 00:45:20.000
<v Speaker 13>A right, good afternoon, document. I would like to just

973
00:45:20.079 --> 00:45:22.599
<v Speaker 13>note the same objection, same ruling.

974
00:45:23.280 --> 00:45:25.840
<v Speaker 15>Thank you, honor, good afternoon. Could you please stay and

975
00:45:25.880 --> 00:45:26.960
<v Speaker 15>spell your name for the record.

976
00:45:27.480 --> 00:45:30.320
<v Speaker 4>It's Benjamin Kaufman B E N J A M I

977
00:45:30.599 --> 00:45:32.719
<v Speaker 4>N K A U F M A N and your

978
00:45:32.800 --> 00:45:35.400
<v Speaker 4>date of birth star September tenth, nineteen eighty four.

979
00:45:35.920 --> 00:45:36.800
<v Speaker 15>What do you do for a living?

980
00:45:37.320 --> 00:45:38.960
<v Speaker 14>I'm an emergency medicine doctor.

981
00:45:39.320 --> 00:45:40.320
<v Speaker 15>How long have you been doing that?

982
00:45:41.400 --> 00:45:42.280
<v Speaker 14>About twelve years?

983
00:45:42.679 --> 00:45:45.360
<v Speaker 15>Could you briefly describe for the jurors your educational and

984
00:45:45.400 --> 00:45:47.360
<v Speaker 15>training background that qualifies you for that role?

985
00:45:48.119 --> 00:45:51.519
<v Speaker 4>Yeah, I went to Boston University for medical school, and

986
00:45:51.639 --> 00:45:56.039
<v Speaker 4>then King's County for residency training, and then Columbia for

987
00:45:56.320 --> 00:45:58.280
<v Speaker 4>fellowship in Global Emergency Medicine.

988
00:45:59.199 --> 00:46:02.559
<v Speaker 15>And where do you currently work Beth, Israel and Plymouth

989
00:46:03.199 --> 00:46:05.960
<v Speaker 15>And back in January of twenty twenty three did you

990
00:46:06.039 --> 00:46:06.400
<v Speaker 15>work there?

991
00:46:06.719 --> 00:46:07.039
<v Speaker 3>I did?

992
00:46:07.719 --> 00:46:10.639
<v Speaker 15>And specifically on January twenty fourth, twenty twenty three, were

993
00:46:10.679 --> 00:46:11.519
<v Speaker 15>you working that evening?

994
00:46:11.800 --> 00:46:12.119
<v Speaker 6>I was.

995
00:46:12.760 --> 00:46:14.920
<v Speaker 15>And while you were working that evening, did you treat

996
00:46:14.920 --> 00:46:16.519
<v Speaker 15>a patient named Callen Clancy?

997
00:46:16.920 --> 00:46:17.960
<v Speaker 14>Yes, that was my patient.

998
00:46:18.320 --> 00:46:20.320
<v Speaker 15>And do you recall how he arrived at the hospital?

999
00:46:21.199 --> 00:46:23.719
<v Speaker 14>Yes, with the EMS with CPR ongoing.

1000
00:46:24.280 --> 00:46:27.000
<v Speaker 15>And is it typical that when EMS arrived with a

1001
00:46:27.039 --> 00:46:29.280
<v Speaker 15>patient they give you kind of a summary or a

1002
00:46:29.360 --> 00:46:30.880
<v Speaker 15>rundown of the patient's condition.

1003
00:46:31.320 --> 00:46:31.559
<v Speaker 6>It is.

1004
00:46:32.000 --> 00:46:35.119
<v Speaker 15>And did they give you that rundown on Kllen's condition?

1005
00:46:35.960 --> 00:46:36.320
<v Speaker 3>They did.

1006
00:46:37.440 --> 00:46:40.480
<v Speaker 4>He at the time his heart had stopped and CPR

1007
00:46:40.679 --> 00:46:43.079
<v Speaker 4>was ongoing and he was not breathing.

1008
00:46:43.159 --> 00:46:46.239
<v Speaker 14>He was receiving breaths by a bag bob mas ventilation.

1009
00:46:47.360 --> 00:46:51.480
<v Speaker 15>And what did you do in terms of treating Callen?

1010
00:46:52.599 --> 00:46:55.440
<v Speaker 4>So as soon as he came in, Basically, we put

1011
00:46:55.519 --> 00:46:59.719
<v Speaker 4>in a breathing tube and we were able to get

1012
00:46:59.760 --> 00:47:01.000
<v Speaker 4>an eye established.

1013
00:47:01.239 --> 00:47:03.199
<v Speaker 14>The first thing that we do is give a.

1014
00:47:03.199 --> 00:47:06.760
<v Speaker 4>Dose of epinephrine, and in this case you can look

1015
00:47:06.840 --> 00:47:10.280
<v Speaker 4>directly at the heart with an ultrasound, and his heart

1016
00:47:10.360 --> 00:47:13.920
<v Speaker 4>started beating after we were able to give that dose.

1017
00:47:15.039 --> 00:47:16.280
<v Speaker 14>At that point, we.

1018
00:47:17.840 --> 00:47:22.719
<v Speaker 4>Continued compressions, continued giving him breaths through the breathing tube.

1019
00:47:23.480 --> 00:47:27.760
<v Speaker 4>And Plymouth Hospital does not have pediatrics or the ability

1020
00:47:27.840 --> 00:47:31.599
<v Speaker 4>to care for that level of pediatric patients. So we're

1021
00:47:31.639 --> 00:47:36.039
<v Speaker 4>on the phone with Boston Children's Hospital making preparations basically

1022
00:47:36.159 --> 00:47:38.519
<v Speaker 4>to get him to the more definitive care.

1023
00:47:39.719 --> 00:47:43.800
<v Speaker 15>And about how long into your care of Callen did

1024
00:47:43.880 --> 00:47:46.000
<v Speaker 15>he regain a heartbeat?

1025
00:47:47.880 --> 00:47:50.440
<v Speaker 14>Probably from the time that he got to the er,

1026
00:47:51.079 --> 00:47:52.480
<v Speaker 14>maybe like ten minutes.

1027
00:47:52.280 --> 00:47:55.639
<v Speaker 15>Or so, I'm guessing at any point in time did

1028
00:47:55.760 --> 00:47:58.719
<v Speaker 15>he regain the ability to breathe on his own while

1029
00:47:58.760 --> 00:48:01.880
<v Speaker 15>he was in your care. No, did you do any

1030
00:48:02.159 --> 00:48:06.920
<v Speaker 15>examination or testing to determine Kalen's brain function, So.

1031
00:48:08.280 --> 00:48:11.400
<v Speaker 4>At no point did he exhibit any brain function. I'm

1032
00:48:11.480 --> 00:48:14.400
<v Speaker 4>not a neurologist, so we are not the definitive person.

1033
00:48:14.480 --> 00:48:18.199
<v Speaker 4>But an emergency medicine a there's a scale called the

1034
00:48:18.239 --> 00:48:21.760
<v Speaker 4>Glasgow Coma scale, which is generally from three to fifteen.

1035
00:48:21.840 --> 00:48:26.679
<v Speaker 4>There's different variations for pediatrics, but he scored the lowest,

1036
00:48:26.840 --> 00:48:29.280
<v Speaker 4>which basically is you're in a coma or have no

1037
00:48:29.440 --> 00:48:32.159
<v Speaker 4>brain response during the entire time that he was in

1038
00:48:32.239 --> 00:48:32.519
<v Speaker 4>my care.

1039
00:48:33.360 --> 00:48:37.360
<v Speaker 15>So on that scale, the three to fifteen fifteen, would

1040
00:48:37.400 --> 00:48:41.360
<v Speaker 15>that be someone who's walking and talking and acting normally,

1041
00:48:41.719 --> 00:48:44.239
<v Speaker 15>that's correct, and a three is that someone with no

1042
00:48:44.360 --> 00:48:44.880
<v Speaker 15>brain function?

1043
00:48:45.920 --> 00:48:46.559
<v Speaker 3>That is correct.

1044
00:48:46.880 --> 00:48:49.639
<v Speaker 15>And you testified that Callen was at a three when

1045
00:48:49.679 --> 00:48:50.440
<v Speaker 15>you treated him.

1046
00:48:51.320 --> 00:48:53.679
<v Speaker 14>Had no time during his care did he have any

1047
00:48:54.039 --> 00:48:55.840
<v Speaker 14>brain function that was evident.

1048
00:48:55.559 --> 00:48:56.159
<v Speaker 10>On my exam?

1049
00:48:57.440 --> 00:49:01.280
<v Speaker 15>And at some point in time was it decided to

1050
00:49:01.480 --> 00:49:03.880
<v Speaker 15>transfer his care to Boston Children's Hospital.

1051
00:49:04.760 --> 00:49:07.639
<v Speaker 4>Yes, we were in contact with them basically immediately, and

1052
00:49:07.760 --> 00:49:11.280
<v Speaker 4>then he was flown by helicopter to Boston Children's Hospital

1053
00:49:11.480 --> 00:49:14.159
<v Speaker 4>and they the whole time that I see you, doctors

1054
00:49:14.199 --> 00:49:17.320
<v Speaker 4>were on the phone reviewing the case and making recommendations.

1055
00:49:18.559 --> 00:49:22.119
<v Speaker 15>And at any point in time to your knowledge, from

1056
00:49:22.119 --> 00:49:25.400
<v Speaker 15>the time he entered the emergency department at Beth Israel

1057
00:49:25.440 --> 00:49:29.599
<v Speaker 15>Deaconess Plymouth until he arrived at Boston Children's Hospital, was

1058
00:49:29.639 --> 00:49:30.960
<v Speaker 15>he able to breathe on his own?

1059
00:49:31.760 --> 00:49:36.480
<v Speaker 3>No, thank you, doctor, all right, kensel I have no questions.

1060
00:49:36.480 --> 00:49:36.719
<v Speaker 12>Thank you.

1061
00:49:37.159 --> 00:49:39.519
<v Speaker 3>Thank you, don Tony Bucky.

1062
00:49:39.639 --> 00:49:42.039
<v Speaker 6>You're call Melissa Arkadepaine.

1063
00:49:44.679 --> 00:49:51.480
<v Speaker 3>Please like this Tony Bucky, Please thank you.

1064
00:49:52.239 --> 00:49:55.239
<v Speaker 6>Good afternoon. Could you please tell the jersey your first

1065
00:49:55.280 --> 00:49:58.400
<v Speaker 6>and last name? Melissa account of pain. Can you spell

1066
00:49:58.440 --> 00:49:59.480
<v Speaker 6>your lesson for the record?

1067
00:49:59.639 --> 00:50:03.320
<v Speaker 3>He C, D, I, PA, N E.

1068
00:50:04.440 --> 00:50:07.519
<v Speaker 6>And did you work for Social Hospital?

1069
00:50:08.159 --> 00:50:08.360
<v Speaker 9>Yes?

1070
00:50:08.719 --> 00:50:10.639
<v Speaker 6>And what was your role at Social Hospital?

1071
00:50:12.199 --> 00:50:15.800
<v Speaker 18>My last role was a supervisor of the specimen process

1072
00:50:15.960 --> 00:50:17.280
<v Speaker 18>in department in the laboratory.

1073
00:50:18.559 --> 00:50:23.519
<v Speaker 6>And do you still work in that role No? Back

1074
00:50:23.679 --> 00:50:27.559
<v Speaker 6>in twenty twenty three, specifically January, were you in that role?

1075
00:50:27.840 --> 00:50:28.000
<v Speaker 10>Yes?

1076
00:50:28.679 --> 00:50:31.039
<v Speaker 6>And how long had you worked for or have you

1077
00:50:31.159 --> 00:50:33.119
<v Speaker 6>worked for Social Hospital over the course of the years

1078
00:50:33.679 --> 00:50:37.599
<v Speaker 6>over twenty years? You said that you were the specimen

1079
00:50:37.719 --> 00:50:38.840
<v Speaker 6>processing supervisor.

1080
00:50:38.960 --> 00:50:39.280
<v Speaker 10>Correct.

1081
00:50:39.320 --> 00:50:42.639
<v Speaker 6>What are the general responsibilities for.

1082
00:50:42.679 --> 00:50:46.159
<v Speaker 18>That role overseeing the department where all of the specimens

1083
00:50:46.199 --> 00:50:49.119
<v Speaker 18>from within the hospital and even outside of the hospital

1084
00:50:49.199 --> 00:50:52.599
<v Speaker 18>will come in through that department to be received, checked,

1085
00:50:52.679 --> 00:50:54.920
<v Speaker 18>make sure they have orders, make sure they're collected in

1086
00:50:55.000 --> 00:50:55.440
<v Speaker 18>the correct.

1087
00:50:55.559 --> 00:50:55.719
<v Speaker 3>Two.

1088
00:50:57.559 --> 00:51:01.840
<v Speaker 6>And the laboratory at Social Hospit is responsible for processing

1089
00:51:02.119 --> 00:51:04.559
<v Speaker 6>blood samples, urine samples that come from other areas of

1090
00:51:04.559 --> 00:51:08.400
<v Speaker 6>the hospital. Correct. Correct, So can you just generally tell

1091
00:51:08.519 --> 00:51:11.679
<v Speaker 6>us how blooder urine sample would come from the emergency

1092
00:51:11.719 --> 00:51:13.920
<v Speaker 6>department at Social hospital to the laboratory.

1093
00:51:14.400 --> 00:51:17.679
<v Speaker 18>So in most cases, blood sample or urine will come

1094
00:51:17.760 --> 00:51:21.360
<v Speaker 18>through a pneumatic tube system from the emergency room. They'll

1095
00:51:21.360 --> 00:51:23.000
<v Speaker 18>put it in a tube, hit a button, and it

1096
00:51:23.039 --> 00:51:25.199
<v Speaker 18>will come over to the lamb, which is what's across

1097
00:51:25.239 --> 00:51:27.679
<v Speaker 18>the street, and we would take it out of that

1098
00:51:27.840 --> 00:51:30.840
<v Speaker 18>canister and process it at that point.

1099
00:51:31.239 --> 00:51:34.320
<v Speaker 6>And the specimens that are collected in a place like

1100
00:51:34.400 --> 00:51:37.800
<v Speaker 6>the emergency department are done by a nurse or technician

1101
00:51:38.239 --> 00:51:41.800
<v Speaker 6>who takes the samples, puts them in the appropriate file

1102
00:51:41.920 --> 00:51:44.840
<v Speaker 6>or tube, and labels them correct. And so when they

1103
00:51:44.920 --> 00:51:47.159
<v Speaker 6>come to you through that pneumatic system, what does your

1104
00:51:47.199 --> 00:51:49.880
<v Speaker 6>laboratory do with the samples.

1105
00:51:50.239 --> 00:51:52.719
<v Speaker 18>Well, we check the sample, make sure it's labeled, make

1106
00:51:52.760 --> 00:51:55.559
<v Speaker 18>sure it's in the correct tube, and then we would

1107
00:51:55.679 --> 00:51:56.280
<v Speaker 18>process it.

1108
00:51:56.960 --> 00:52:02.400
<v Speaker 6>And traditionally, would your laboratory see ve several samples, meaning

1109
00:52:02.480 --> 00:52:07.440
<v Speaker 6>several vials of blood or urine from one patient, they could, yes,

1110
00:52:07.960 --> 00:52:11.559
<v Speaker 6>And as far as the orders for testing you at

1111
00:52:11.599 --> 00:52:14.800
<v Speaker 6>the laboratory would only run particular tests that are ordered

1112
00:52:14.840 --> 00:52:17.719
<v Speaker 6>by a physician correct correct. Does that usually consume the

1113
00:52:17.760 --> 00:52:20.559
<v Speaker 6>whole sample that you receive from the emergency department. Not

1114
00:52:20.719 --> 00:52:23.719
<v Speaker 6>always now, And so would it be a common procedure

1115
00:52:23.800 --> 00:52:27.079
<v Speaker 6>that samples from a particular patient would be retained in

1116
00:52:27.159 --> 00:52:30.760
<v Speaker 6>case additional testing needed to be done. Yes, and working

1117
00:52:30.920 --> 00:52:34.400
<v Speaker 6>in the lab as the specimen processing supervisor you familiar

1118
00:52:34.480 --> 00:52:36.920
<v Speaker 6>would just referred to as a preservation notice. I am,

1119
00:52:37.159 --> 00:52:38.079
<v Speaker 6>what do you know that to be?

1120
00:52:38.440 --> 00:52:41.079
<v Speaker 18>So that is a notice that we would receive from

1121
00:52:41.159 --> 00:52:45.639
<v Speaker 18>a law enforcement agency asking us to hold specific samples

1122
00:52:46.079 --> 00:52:47.199
<v Speaker 18>for a particular patient.

1123
00:52:47.440 --> 00:52:49.800
<v Speaker 6>And what would your laboratory do when you receive a

1124
00:52:49.840 --> 00:52:51.800
<v Speaker 6>preservation notice for a particular patient?

1125
00:52:52.000 --> 00:52:54.679
<v Speaker 18>So the samples would be pulled aside, they would be

1126
00:52:54.719 --> 00:52:57.400
<v Speaker 18>put in a specimen bag. A copy of that preservation

1127
00:52:57.599 --> 00:53:00.239
<v Speaker 18>notice gets put in the bag with the samples and

1128
00:53:00.360 --> 00:53:05.440
<v Speaker 18>it is put in a separate bin within the specimen refrigerator.

1129
00:53:06.119 --> 00:53:10.239
<v Speaker 6>And the specimen refrigerator is that a place that specimens

1130
00:53:10.320 --> 00:53:13.719
<v Speaker 6>are are stored until they're either used or discarded?

1131
00:53:14.000 --> 00:53:14.320
<v Speaker 10>Correct?

1132
00:53:14.800 --> 00:53:20.880
<v Speaker 6>And does that preserve the specimen? Meaning they need to

1133
00:53:20.920 --> 00:53:21.800
<v Speaker 6>be refrigerated?

1134
00:53:21.920 --> 00:53:25.719
<v Speaker 18>So, but we we separate those specimens that potentially could

1135
00:53:26.199 --> 00:53:30.079
<v Speaker 18>be needed elsewhere into a separate spot so that they don't.

1136
00:53:29.920 --> 00:53:34.320
<v Speaker 6>Get discarded Now, were you aware that a preservation notice

1137
00:53:34.360 --> 00:53:36.840
<v Speaker 6>had been served on Celshore Hospital for the blood and

1138
00:53:36.920 --> 00:53:40.039
<v Speaker 6>urine of Lindsay Clancy on January twenty fourth, twenty twenty three, Hi,

1139
00:53:40.119 --> 00:53:43.519
<v Speaker 6>bless and was were those samples of blood and urine

1140
00:53:43.559 --> 00:53:46.280
<v Speaker 6>collected in the same manner you just described and then

1141
00:53:46.360 --> 00:53:47.639
<v Speaker 6>and put in a separate bin?

1142
00:53:47.880 --> 00:53:48.039
<v Speaker 3>Yes?

1143
00:53:48.719 --> 00:53:52.360
<v Speaker 6>And on January thirty first, twenty twenty three, did you

1144
00:53:52.679 --> 00:53:55.440
<v Speaker 6>have the opportunity to interact with a trooper from the

1145
00:53:55.480 --> 00:53:56.639
<v Speaker 6>Massachusetts State Police?

1146
00:53:56.760 --> 00:53:57.000
<v Speaker 16>I did?

1147
00:53:57.480 --> 00:54:00.360
<v Speaker 6>And what was that interaction? Can you describe it to us?

1148
00:54:00.760 --> 00:54:04.760
<v Speaker 18>He came with a warrant to collect the specimens, and

1149
00:54:04.880 --> 00:54:05.360
<v Speaker 18>so did you.

1150
00:54:05.400 --> 00:54:09.079
<v Speaker 6>Collect the specimens that were labeled for Lindsay Clancy? I did.

1151
00:54:09.199 --> 00:54:11.760
<v Speaker 18>Somebody had already put them in that bin in a bag,

1152
00:54:11.920 --> 00:54:14.719
<v Speaker 18>so I just went to the band, retrieved them, made

1153
00:54:14.760 --> 00:54:17.800
<v Speaker 18>sure they were hers, and gave them to the officer.

1154
00:54:18.239 --> 00:54:20.920
<v Speaker 6>And in fact, you handed over six files of blood

1155
00:54:21.039 --> 00:54:23.679
<v Speaker 6>in one vile of your into the trooper on that day. Correct.

1156
00:54:23.960 --> 00:54:27.960
<v Speaker 18>I don't remember the exact samples or sample type that

1157
00:54:28.039 --> 00:54:30.000
<v Speaker 18>I handed over, but I do know that I gave

1158
00:54:30.079 --> 00:54:30.760
<v Speaker 18>him samples.

1159
00:54:31.000 --> 00:54:33.719
<v Speaker 6>Okay, And as far as your memory, you recall that

1160
00:54:33.880 --> 00:54:37.400
<v Speaker 6>you double checked the ID label on the items to

1161
00:54:37.440 --> 00:54:41.119
<v Speaker 6>make sure that they belonged to Lindsay Clancy. Definitely, No

1162
00:54:41.239 --> 00:54:43.599
<v Speaker 6>think further, Thank you, no.

1163
00:54:43.800 --> 00:54:45.800
<v Speaker 3>Questions, thank you, bye, thank you, thank you.

1164
00:54:46.920 --> 00:54:47.119
<v Speaker 7>Dan.

1165
00:54:47.199 --> 00:54:49.199
<v Speaker 15>At this time, the come Old had moved to submit

1166
00:54:49.280 --> 00:54:53.639
<v Speaker 15>the certified medical records from Beth Israel Deaconess in Plymouth

1167
00:54:54.119 --> 00:54:58.239
<v Speaker 15>for Core Clancy, Dawson Clancy, and Calend Clancy in one binder.

1168
00:54:58.880 --> 00:55:01.119
<v Speaker 3>Oh do fine, they may be admitted.

1169
00:55:04.679 --> 00:55:05.440
<v Speaker 6>It's a good approach.

1170
00:55:05.480 --> 00:55:12.320
<v Speaker 1>Sidebar yest jury uh and talking to council. We are

1171
00:55:12.480 --> 00:55:15.639
<v Speaker 1>gonna break for today, all right. But I've talked about

1172
00:55:15.679 --> 00:55:18.039
<v Speaker 1>over here is in regards to the schedule.

1173
00:55:17.719 --> 00:55:22.760
<v Speaker 3>Where we are, we are if not on schedule as

1174
00:55:23.760 --> 00:55:24.159
<v Speaker 3>a right.

1175
00:55:24.400 --> 00:55:26.639
<v Speaker 1>And much of it is because of the work when

1176
00:55:26.719 --> 00:55:30.519
<v Speaker 1>when when you're not here, councilors going over some of

1177
00:55:30.599 --> 00:55:32.960
<v Speaker 1>the exhibits and some of that, and that's that's part

1178
00:55:33.000 --> 00:55:36.320
<v Speaker 1>of some of these these breaks, at least for you,

1179
00:55:36.719 --> 00:55:37.039
<v Speaker 1>all right.

1180
00:55:37.079 --> 00:55:38.119
<v Speaker 3>So I just kind of want to let you know

1181
00:55:38.360 --> 00:55:41.000
<v Speaker 3>that's what's going on. So we're gonna I'm gonna.

1182
00:55:40.800 --> 00:55:43.920
<v Speaker 1>Excuse you know, it's been a long week anyway, So

1183
00:55:43.920 --> 00:55:47.559
<v Speaker 1>we're gonna take a break till Monday, all right, and

1184
00:55:47.639 --> 00:55:52.039
<v Speaker 1>on Monday. The schedule anticipation will start about nine uh,

1185
00:55:52.199 --> 00:55:55.519
<v Speaker 1>maybe a little bit a little bit later than that.

1186
00:55:55.559 --> 00:55:56.840
<v Speaker 3>But I asked you to be here ready to go

1187
00:55:56.880 --> 00:55:59.199
<v Speaker 3>at nine is uh is some matters.

1188
00:55:59.239 --> 00:56:01.199
<v Speaker 1>I may have to talk the council, so it might

1189
00:56:01.280 --> 00:56:03.960
<v Speaker 1>give a little bit late to start for you on Monday,

1190
00:56:04.719 --> 00:56:06.880
<v Speaker 1>and then the anticipations.

1191
00:56:06.079 --> 00:56:09.880
<v Speaker 3>Will go most of the day. All right. Like I said,

1192
00:56:10.599 --> 00:56:13.400
<v Speaker 3>we are well on schedule. It's not ahead.

1193
00:56:13.920 --> 00:56:16.679
<v Speaker 1>What I want to remind you now, which you know,

1194
00:56:16.760 --> 00:56:18.920
<v Speaker 1>I'm going to remind you that you're going to be

1195
00:56:20.800 --> 00:56:22.199
<v Speaker 1>not here for a couple of days.

1196
00:56:23.079 --> 00:56:26.599
<v Speaker 3>It's very important. You've heard some of the evidence. You

1197
00:56:26.679 --> 00:56:29.119
<v Speaker 3>haven't heard all of the evidence. All right. You've heard,

1198
00:56:29.400 --> 00:56:32.079
<v Speaker 3>you haven't heard the law that you apply to this.

1199
00:56:32.360 --> 00:56:33.960
<v Speaker 3>So you have to keep an open mind.

1200
00:56:34.800 --> 00:56:36.760
<v Speaker 1>And the best way to do that is don't talk

1201
00:56:36.800 --> 00:56:42.840
<v Speaker 1>about this with anyone, don't do any research, don't watch anything.

1202
00:56:43.280 --> 00:56:46.360
<v Speaker 1>If something comes on, turn it off. And just like

1203
00:56:46.480 --> 00:56:48.519
<v Speaker 1>I said, if you're talking to somebody that brings up.

1204
00:56:48.719 --> 00:56:49.119
<v Speaker 3>Blame me.

1205
00:56:49.800 --> 00:56:53.079
<v Speaker 1>All right, Judge said, I am not to talk about it.

1206
00:56:53.119 --> 00:56:55.199
<v Speaker 1>I'm not going to listen to anybody talking about this

1207
00:56:56.000 --> 00:56:56.679
<v Speaker 1>and shut them.

1208
00:56:56.639 --> 00:56:57.679
<v Speaker 3>Down right away.

1209
00:56:58.119 --> 00:57:00.280
<v Speaker 1>I appreciate all the work that you put in here

1210
00:57:00.360 --> 00:57:03.960
<v Speaker 1>so far. I look forward to seeing you on Monday.

1211
00:57:04.440 --> 00:57:06.000
<v Speaker 1>Hope you have a nice weekend.

1212
00:57:06.159 --> 00:57:07.360
<v Speaker 3>And we'll see you there.

1213
00:57:07.639 --> 00:57:11.679
<v Speaker 8>All right, thank you, all right, sure, close a note

1214
00:57:11.719 --> 00:57:13.280
<v Speaker 8>books and face based up on the chest.

1215
00:57:18.159 --> 00:57:20.119
<v Speaker 3>Sessions, see it all right.

1216
00:57:20.800 --> 00:57:24.280
<v Speaker 1>Anything else we need to address before Monday morning, Council,

1217
00:57:25.480 --> 00:57:27.760
<v Speaker 1>all right. So we'll be in recess on this matter

1218
00:57:27.960 --> 00:57:31.880
<v Speaker 1>until Monday morning at nine o'clock we'll resume to trial.

1219
00:57:32.119 --> 00:57:40.519
<v Speaker 3>Thank you all uys quotes some recess. Please exit the court.
