Speaker 1: Good morning, yes, please, good morning everyone. Today is Thursday
May twenty eight, twenty six. This is the fourth criminal
session at Coming Superior Court before the Animal Justice William Sullivant.
Speaker 2: You're on a matter of refold.
Speaker 1: The court is doctor number twenty three eight three c R.
Is your zero one to nine eight common Well versus
Lindsay Clancy. Miss Clancy is present by way of zoom
console is present in the court room. You're on our
counsel because please take a name for the record, because
the common Well, good morning, jumper space will come off.
Speaker 3: Terry Sprague, good good morning, Shot Buckingham for the coms
bucking and good morning Breton.
Speaker 4: On behalf five was Clansy, who obviously is will Ustens over.
Speaker 3: Time's Rayton, good morning, and miss Clancy good morning.
Speaker 4: All right.
Speaker 3: So this is really more of just the status type conference.
I just kind of wanted to uh see where we
are in regards to discovery issues and then also discuss
kind of what we're going to do.
Speaker 4: Uh.
Speaker 3: The next date, which will be the final trial conference,
is June eighteen. I mean, so I just kind of
wan I had a different date in my head, but
I just wanted to confirm that all right. So I guess,
first off, where are we in regards to the discovery.
I understand that the examiner's report.
Speaker 2: Was filed, so you came, yes, one out of the
three examiner's reports were filed. Doctor mac is working on
his report. Should have it to us sometime next week.
Doctor Satoff is interviewing the defendant tomorrow and then again,
should have the report either next week or the week after,
and then I think discovery will be complete on the
commost part. At that point, we turned over a last
little bit of discovery regarding toxicology from the autopsies of
the children this week. That was the only thing from
the lab outstanding. So that's all set. The records from
Naternal Hospital and Quinnipiac have come in. We just asked
the court order that we can inspect and copy them
both both parties.
Speaker 3: Counsel any objection to that, all right, So both parties
may be allowed to inspect and copy those records.
Speaker 2: Thank you. I also have provided a defense council copy
of ours an idea of how many people but potentially testify.
I addressed one thing with defense counsel this morning. You'll
note that there are one hundred and sixty eight witnesses.
A lot of that has to do with the Kamal
versus Gordon case and the lab requiring that we call
a lot of foundational witnesses. But we've been talking to
Defense Council about that, and one thing that we wanted
to put on the record this morning regards NMS Labs.
That's a private lab that tested some of the defendant's blood.
In order to get those results in under Gordon, we
would have had to call I think approximately twelve witnesses
and fly them in from out of state. Defense Council
I believe is not well. I'll let you speak for yourself.
Speaker 4: Thank you, you run. I understand the Gordon case. So
obviously I could put the government's feet to the fire,
so to speak, and have them bring in literally every
single witness that had anything to do with the care,
custody control testing of the blood. I do not do
that as a matter of course, unless it's relevant material
to my defense, which it is not in this case.
So I told the DA that I would not be
requiring them to bring twelve people in just to say
that someone had the blood sample chain of custody. Somebody
put it under a microscope, and they're going to have
I think one witness that would probably testify to what
the findings were, so we'll be agreeable on that.
Speaker 2: And the others have been summoned, so if anything changes,
we would make arrangements to bring them in.
Speaker 4: I have just a year one who knows probably around
fifty witnesses, but most of them are civilian witnesses. We've
been very, very cooperative on both sides as far as
exchanging reports and documents and evidence and things of that nature.
And there seems to be an overlap on a number
of witnesses on the civilian side that's in the government's
list is in my list. So won't be that bad.
It's not be that good, but it's not going to
be that bad, all right?
Speaker 3: How about from the defendant styandpoint regards to discovery, where
where do we stand in regards to that?
Speaker 4: I will say that I have found the DA's office
to be extremely responsive. I made a phone call but
a month ago and requested opportunity to look at physical evidence.
They had it off set up for me to go in.
They were very accommodating, and den spragg sends me an
email or two once or twice a week with more discovery.
So I'm good with the discovery, all right, It's cool.
Speaker 2: I'm sorry. I would just ask and now that discovery
is complete on the cammal side, other than the two
doctors' reports, I would just ask for reciprocal discovery in
terms of any reports of investigators regarding the potential witnesses.
Speaker 4: I don't have any, I never do, Okay, all right, all.
Speaker 3: Right, So it seems to me the thing we're really
kind of waiting on right now would be those final
two examiners reports. And then I guess the question i'd have.
I probably know the answer, but is there going to
be any objection to both parties.
Speaker 4: With the exchange of each other's whoever started?
Speaker 3: Okay, that's why I figured I just under the rule.
I just wanted to make sure that's kind of where
we were. So, what is there anything we need do
address today that the party think we should kind of
deal with.
Speaker 2: There were a couple of things that I just want
to bring to the court's attention. One Jessica Kenny from
the Sheriff's Department had reached out about the June eighteenth
state and whether the defendant would be here in person.
It was my understanding that after today she would be
appearing in person for all dates.
Speaker 4: Because I respectfully interrupted, I apologize. I have been ordered
to start a trial in federal court that Monday. Whatever
that day is, the fifteenth. I think Joseph Kerosey is
the case. It was advanced, So I just want to
let you know. I'll ask the judge if we're on
at two o'clock, I am yeah, Can we put it
on intentatively for two because she might let me leave it,
you know, like one, and then I can come down
here for two. I'm pretty sure it's it's cabin Stone.
It's definitely going I'm starting one Monday in there too,
and it's just going to go back to back. So
I just wanted to raise that issue right now rather
than wait until the day before.
Speaker 3: You don't, why don't we go back and address that,
because I think that's the discussion on that we may
best be done at sidebarks. It's going to talk about
some medical issues and things like that, so so put
that one on old with any other issues.
Speaker 2: So what Toorney Kenny was asking for was that if
the have is sent to Tothbury, that a copy also
be sent to her because the Serf's Department is providing transportation, so.
Speaker 3: We can we can do that, so any habes that
go out to Tewkesbury, copy will be also made to
the Sheriff's department because is they we talked about, they'll
be providing transportation in their van from Tewksbury to the
court and then from the court back to.
Speaker 4: Tewkesbury, right, which has been uh, very very acceptable and
they've been very good, very great on their transportation.
Speaker 3: All right, all right, so call us what else?
Speaker 2: So emotions and when they adue next week on the fourth,
we will be filing a motion for a view. We
have been in touch with the homeowner, the current homeowner.
He does plan on objecting and we'll have counsel here.
So I just wanted to give the court notice that
there will be a hearing on that.
Speaker 4: On the eighteenth.
Speaker 2: On the eighteenth, well, we'll have.
Speaker 3: A hearing on that for sure, all right, So.
Speaker 4: We'll not jump into that one.
Speaker 3: Yeah, there'll be one of the hearings. That will one
of the issues we'll talk about on the eighteenth.
Speaker 2: And I'll provide a copy of our motion to the
homeowner's attorney.
Speaker 3: Okay, all right, Almost anything else do you see. No,
your honor, all right, it's ranking.
Speaker 4: I don't think so. I mean the eighteenth obviously will
address the issues that you said about any medical issues
and things of that nature. No, I can't think of
much of anything. The only concern I have is the
motion and eliminades that I do next week. I don't know,
honestly if I'll be able to get them done by
next week because I am stating that trial and federal court.
But on the other hand, I can't really think of
many defense motions and eliminade, so I'm not too concerned
about that, so I know that the court would give
me some latitude on that.
Speaker 3: Well, why don't we do this thing while what you
have by the fourth, doing the fourth by the fourth
call off file yours we have done by the fourth.
Part of the reason I think that we had that
final trial cor conference about a month really before we
actually start the trial was because of things like this,
so that we can, you know, address whatever motions eliminate
the best we can at that point. So you just
make your best effort. We'll councilors experience, both all three
councils very experienced, so I think to be able to
kind of get what you can done by then, and
if not, you need a little bit more time. I
don't the eighteenth is not going to be It's not
gonna be a problem because we're a month still out
from trial and.
Speaker 2: We also have a secondary free trial date the week
before trial, right, So.
Speaker 3: I think I'm not that concerned about But soon you
get them to me the better, and it's soon to
get it to each other, obviously, But my hope would
be to address as many of them as we can
on the eighteenth, so everybody has a good idea of
what's in what's not in. If we have to address
later ones on that next the final date, which at
the thirteenth, we can do that, all right, anything.
Speaker 4: Else, what about your issues?
Speaker 3: I thought we could discuss that on the eighteenth. I
think that's you know, procedures, questions, questions in the air.
How we're going to do that, you know, even just
straight procedures of you know, where it's going to be
done or you know, with sidebar things like that, How
we're going to do that. I think that's probably something
we can deal with.
Speaker 4: Sidebar issue is resolved. They told me that rises up
and down, So I think We're good on that.
Speaker 3: Yeah, And so just you know, just kind of logistical
questions about about how we're going to do it, but
mainly about questions. So if anybody has suggested questions, and
you know some some have been filed already, I'll try
and have kind of a working model when we come
in on the eighteenth, and we can kind of talk
about that.
Speaker 4: Yeah. I think I felt my proposed questions in a
questionnaire if you weren't going to do that, right.
Speaker 2: Yeah, And the promulcle file is by the fourth that's.
Speaker 3: Fine, all right, other than the question about uh June eighteenth,
anything else, so can I see it sidebarrow? We have
we can maybe if we can see the.
Speaker 2: Last the record.
Speaker 3: Records.
Speaker 4: All right.
Speaker 3: So what we're going to do is we'll move that
final trial conference from uh ten o'clock till two pm.
So it's going to be next day. It will be
June eighteenth at two pm, and that'll be the defense
will be uh here in person. That's argue motions, eliminae,
jury issues in deal and check on the status of
the examiner's reports. All right, anything else we need to address, no,
your honor, all right, Well, thank you counsel. Thank you.
With Clancy, thank you, and we'll be in recess all right.
Speaker 1: Just for the record that MAD continues to June eighteen
six at two pm for the final pretrial conference.
Speaker 3: Thank you, all all right, thank you,