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Speaker 1: And I believe that is the defendants motion to limit witnesses.

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Is that correct? That's the themotion we have all right

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now when I'm gonna.

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Speaker 2: I've read the motion, all right, I've read, I've read

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the great jury minutes from all the individuals who have

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scheduled to testify. So I'm going to hear from the

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defendant just in regards to this. Then I'll hear from

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the Commonwealth.

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Speaker 3: So mister anything, thank you, and I will restrict the

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hyperbolere This motion is asking that your Honor would direct

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the Commonwealth since apparently the Commonwealth will not agree voluntarily

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to restrict the presentation of a large number of first

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responders to this tragic incident. First of all, you know,

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let's face it, you know, firefighters, EMTs, police officers. You know,

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they're all wonderful people. They're doing the Lord's work. What

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these people have gone through and would go through and

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have gone through in their jobs cannot be underscored, and

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that's to be respected and embraced. But to present them,

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one after the other in this trial to testify too,

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and I would very briefly, I don't even have to

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mention their names, but Duxbury Fire Department paramedic detail to

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the home at forty seventh Summer Street. Dealt with dealing

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with the defendant, Lindsey Clancy, treating with her outside with

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her injuries. Ferry Police Department sergeant went to the house,

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heard noises. Stephen Is, a Duxbury Police Department officer, saw

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the defendant. Heard screaming in the basement. Duxbury Police Department

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heard another individual heard screaming in the basement, went in,

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saw the kids in the basement. Another firefighter heard noises,

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was outside. Another firefighter Duxbury Fire Department e MT saw

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Lindsay on the ground, was treating Lindsay who had screams

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coming from the house. Went into the house. Describes the

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basement scene. Robert another Pembroke Fire Department individual paramedic, same idea.

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Another Pembroke Fire Department paramedic who's in the house. Duxbury

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firefighter e MT. Saw the other EMT carrying two kids

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out of the basement. Saw two children on the floor,

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described the basement Marshfield. Marshfield Fired Apartment paramedic when in

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the basement, saw the children laying on the floor in

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the basement on their backs facing upward. So our blood

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would appeared to be blood around the nose of one

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of the children. Another firefighter Marshfield assisted in the basement,

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heard the screaming, yelling and made his observations. Another firefighter

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from Duxbury in the basement saw the children, little children

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wearing onesies and feedies, laying on their backs on the

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basement floor, assisted as he could. Another Duxbury Fire Department

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individual basement. Another Kingston Fire Department mutual aid gentlemen assisted

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in the basement, describes what he saw in the basement.

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Another Kingston Fire Department individual had heard the screaming and

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went downstairs, describes what he saw in the basement. Another

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Duxbury Fire Department individual responds to the scene, describes the scene,

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and then a Duxbury fightre Apartment individual responds saw Patrick

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in the kitchen's arm sobbing and made observations of the scene.

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So that was what was presented to the grand jury,

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and is from what we can see, is what the

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government would try to present at this trial. And I

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suggest to the court without sounding as though I'm trying

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to minimize the horror of what transpired here and what

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these good employees of the municipalities had to endure and

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see and probably to this day are suffering post traumatic

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stress from it. Legally and objectively, I suggest to Urana

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that it serves no purpose other than to inflame or

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try to inflame the passions of the jury, one right

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after the other after the other, offering them water or

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offering them time to gather themselves. And it may have

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worked on the grand jury, but it shouldn't work on

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the jury trail counselate.

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Speaker 2: Is this motion I understand the rational by, but isn't

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this motion kind of a little premature because I I mean,

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if you're talking about something being cumulative, don't have to

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hear what the first witness says first and then ask

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for the carwealth there's an offer of proof, there's anything

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different that this witness saw.

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Speaker 1: Or did or was going to bring to the jury.

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It's it's and I guess what I'm saying.

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Speaker 2: It's difficult for me sitting here right now to tell

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the Callwell, you can't call witness number two without knowing

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what witness number.

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Speaker 1: One is going to say.

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Speaker 2: This kind of flags issue for me helpful. You know,

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I went back and pulled out proposed Rule four h

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three that talks about, you know, needlessly presenting cumulative evidence,

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so I could be aware of that, got the cases

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pulled out for that, but.

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Speaker 1: I don't have everything in front of me. That's why

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that's the way I was looking at it right now.

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But calmwell, thank you, honor.

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Speaker 4: So in a typical murder case with one victim, we

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would be proving deliberate premeditation and or extreme atrocity a cruelty,

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either one of those. Proving for Storge murder, you'd have

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to prove that the defendant's actions caused the death. And

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the way we do that is with the person finding

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the body, then the people who treated the body trying

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to save that person, then the medical staff at the

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hospital treating them and then declaring them dead, and then

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the autopsy confirming that the actions of the defendant wore

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the cause of the death. Here, unfortunately, we have three victims,

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so that multiplies those witnesses by three. We also have

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the defendant herself, who was treated at the scene, so

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then that's a fourth multiplier. Then you also have Patrick Clancy,

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who is so devastated upon finding his children in the

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manner that he found them, that he was in an

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awful state and had to be brought to the hospital

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as well. So that's multiplying the people here by five.

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Speaker 1: Now.

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Speaker 4: When the first responders arrived at the home that night,

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they thought they were responding to one victim, the defendant.

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Then they found out that the children were there, and

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they found them in the state that they were in,

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and it was a chaotic scene. They're asking for more help,

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they're trying to figure out what's going on. They're trying

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to treat these children, and so there's a lot of

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handing off. People start CPR, people move on to another

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child when someone else arrives who's better equipped to deal with,

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say a baby versus a five year old, And so

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we have multiple people working on these children, trying to

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save their lives and then get them to the hospital

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and get them and unfortunately none of them survived. But

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the Commonwealth did not choose the number of victims. The

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defendant did. The commult did not choose the ages of

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the victims the defendant did. The Kammult did not choose

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the horrific nature in which they died.

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Speaker 1: The defendant did.

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Speaker 4: It is not the Commonwealth putting on a circus or

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a parade. It's the Commonwealth presenting the evidence in this

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case to prove that the defendant killed those children and

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the manner in which they were killed. Now, if defense

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would like us to reduce some of these witnesses, that

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would mean not talking about one of the children. So

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if he would like to tell me which of these

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children don't matter, you.

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Speaker 1: Know what, let's say it. We don't need that, all right,

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we don't need that.

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Speaker 2: I The question right now for both of you is

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this is emotion saying that there is going to be

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cumulative evidence. I don't know what's going to be presented,

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So how can I say that witness two doesn't bring

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anything extra.

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Speaker 1: After witness went.

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Speaker 2: I understand the theory the Commonwealth, and I'm not telling

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the Carwealth how to try their case. I'm not, and

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I'm just i've been I guess the issue has been

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brought up that the defendant views the Commonwealth's approach one way,

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the Commonwealth views it a different way. I'm the one

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who's going to have to decide, and I don't have

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anywhere near enough information right now to determine if something

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violates you know, Section four h three.

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Speaker 1: But I understand the Carnwells position.

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Speaker 2: There's a number of witnesses, and they all may very

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well bring something unique to the Commonwealth's case.

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Speaker 1: So it's really what I'm probably going to be doing.

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Speaker 2: As we go through this is have everybody come over

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here to the sidebar, hope fully calmly talking about an

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offer proof, and is this witness bringing something? If they do, fine,

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I'm not restricting the commonwealth thing.

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Speaker 1: I just I appreciate the.

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Speaker 2: Fact that it was brought to my attention. Now I

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can be aware of it and we can just deal

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with it as the trial goes on, just like you know,

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I mean, like we said, all of us have tried

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a number of homicides, so we know how they it's done,

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and so I'm aware of how calmwealth it has to

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prove multiple elements in every case, and so I'll be

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cognizant of that. So I guess probably just be prepared

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that the defense objection will be it's cumulative, and we

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come over here and if there's some reason why there's

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something else that this witness brings or reason why you

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want to call, then we'll deal with it.

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Speaker 1: At that point.

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Speaker 2: We will be prepared, all right, all right, So I'm

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not I'm gonna take no action on this, assuming that

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it will be raised again in the next couple of weeks.

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Speaker 1: We'll deal with it as it comes up. I appreciate

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the parties raid.

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Speaker 2: That is exactly why we have motions in elimonae, so

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I know that this is an issue that's coming up.

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I appreciate the Commonwealth setting out what their response is,

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so I'm kind of ready for.

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Speaker 1: That as well.

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Speaker 2: So I'm gonna I'm not gonna take any action.

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Speaker 1: On that motion in eliminade.

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Speaker 2: Like I said, I'm sure we'll be talking about that

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a little bit later. Anything else we need to address today.

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Speaker 1: Council, all right, Defendant.

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Speaker 2: All right, So the plan we're gonna be in recess

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on this matter until Monday. Parties should be prepared to

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uh give openings. I'll give a very brief pre charge

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at that point, and then we will just begin with

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the evidence, hopefully Monday morning, and I will probably get

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that order out in regards to mister Clancy's requests sometime

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tomorrow morning.

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Speaker 1: All right, So again, I want to.

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Speaker 2: Thank you everybody for kind of helping me get through

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these issues today, and thank you for all your hard

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work on this. So we'll be in recess until Monday

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morning

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Speaker 3: On this boy for this matter has continue to Monday

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July twenty seventh, twenty twenty six at nine am for

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the Jerry trial.