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Speaker 1: Good morning, yes, please, good morning everyone. Today is Thursday

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May twenty eight, twenty six. This is the fourth criminal

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session at Coming Superior Court before the Animal Justice William Sullivant.

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Speaker 2: You're on a matter of refold.

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Speaker 1: The court is doctor number twenty three eight three c R.

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Is your zero one to nine eight common Well versus

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Lindsay Clancy. Miss Clancy is present by way of zoom

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console is present in the court room. You're on our

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counsel because please take a name for the record, because

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the common Well, good morning, jumper space will come off.

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Speaker 3: Terry Sprague, good good morning, Shot Buckingham for the coms

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bucking and good morning Breton.

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Speaker 4: On behalf five was Clansy, who obviously is will Ustens over.

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Speaker 3: Time's Rayton, good morning, and miss Clancy good morning.

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Speaker 4: All right.

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Speaker 3: So this is really more of just the status type conference.

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I just kind of wanted to uh see where we

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are in regards to discovery issues and then also discuss

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kind of what we're going to do.

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Speaker 4: Uh.

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Speaker 3: The next date, which will be the final trial conference,

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is June eighteen. I mean, so I just kind of

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wan I had a different date in my head, but

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I just wanted to confirm that all right. So I guess,

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first off, where are we in regards to the discovery.

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I understand that the examiner's report.

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Speaker 2: Was filed, so you came, yes, one out of the

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three examiner's reports were filed. Doctor mac is working on

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his report. Should have it to us sometime next week.

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Doctor Satoff is interviewing the defendant tomorrow and then again,

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should have the report either next week or the week after,

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and then I think discovery will be complete on the

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commost part. At that point, we turned over a last

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little bit of discovery regarding toxicology from the autopsies of

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the children this week. That was the only thing from

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the lab outstanding. So that's all set. The records from

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Naternal Hospital and Quinnipiac have come in. We just asked

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the court order that we can inspect and copy them

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both both parties.

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Speaker 3: Counsel any objection to that, all right, So both parties

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may be allowed to inspect and copy those records.

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Speaker 2: Thank you. I also have provided a defense council copy

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of ours an idea of how many people but potentially testify.

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I addressed one thing with defense counsel this morning. You'll

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note that there are one hundred and sixty eight witnesses.

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A lot of that has to do with the Kamal

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versus Gordon case and the lab requiring that we call

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a lot of foundational witnesses. But we've been talking to

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Defense Council about that, and one thing that we wanted

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to put on the record this morning regards NMS Labs.

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That's a private lab that tested some of the defendant's blood.

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In order to get those results in under Gordon, we

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would have had to call I think approximately twelve witnesses

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and fly them in from out of state. Defense Council

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I believe is not well. I'll let you speak for yourself.

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Speaker 4: Thank you, you run. I understand the Gordon case. So

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obviously I could put the government's feet to the fire,

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so to speak, and have them bring in literally every

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single witness that had anything to do with the care,

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custody control testing of the blood. I do not do

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that as a matter of course, unless it's relevant material

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to my defense, which it is not in this case.

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So I told the DA that I would not be

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requiring them to bring twelve people in just to say

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that someone had the blood sample chain of custody. Somebody

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put it under a microscope, and they're going to have

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I think one witness that would probably testify to what

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the findings were, so we'll be agreeable on that.

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Speaker 2: And the others have been summoned, so if anything changes,

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we would make arrangements to bring them in.

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Speaker 4: I have just a year one who knows probably around

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fifty witnesses, but most of them are civilian witnesses. We've

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been very, very cooperative on both sides as far as

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exchanging reports and documents and evidence and things of that nature.

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And there seems to be an overlap on a number

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of witnesses on the civilian side that's in the government's

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list is in my list. So won't be that bad.

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It's not be that good, but it's not going to

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be that bad, all right?

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Speaker 3: How about from the defendant styandpoint regards to discovery, where

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where do we stand in regards to that?

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Speaker 4: I will say that I have found the DA's office

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to be extremely responsive. I made a phone call but

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a month ago and requested opportunity to look at physical evidence.

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They had it off set up for me to go in.

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They were very accommodating, and den spragg sends me an

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email or two once or twice a week with more discovery.

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So I'm good with the discovery, all right, It's cool.

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Speaker 2: I'm sorry. I would just ask and now that discovery

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is complete on the cammal side, other than the two

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doctors' reports, I would just ask for reciprocal discovery in

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terms of any reports of investigators regarding the potential witnesses.

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Speaker 4: I don't have any, I never do, Okay, all right, all.

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Speaker 3: Right, So it seems to me the thing we're really

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kind of waiting on right now would be those final

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two examiners reports. And then I guess the question i'd have.

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I probably know the answer, but is there going to

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be any objection to both parties.

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Speaker 4: With the exchange of each other's whoever started?

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Speaker 3: Okay, that's why I figured I just under the rule.

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I just wanted to make sure that's kind of where

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we were. So, what is there anything we need do

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address today that the party think we should kind of

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deal with.

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Speaker 2: There were a couple of things that I just want

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to bring to the court's attention. One Jessica Kenny from

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the Sheriff's Department had reached out about the June eighteenth

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state and whether the defendant would be here in person.

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It was my understanding that after today she would be

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appearing in person for all dates.

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Speaker 4: Because I respectfully interrupted, I apologize. I have been ordered

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to start a trial in federal court that Monday. Whatever

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that day is, the fifteenth. I think Joseph Kerosey is

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the case. It was advanced, So I just want to

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let you know. I'll ask the judge if we're on

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at two o'clock, I am yeah, Can we put it

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on intentatively for two because she might let me leave it,

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you know, like one, and then I can come down

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here for two. I'm pretty sure it's it's cabin Stone.

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It's definitely going I'm starting one Monday in there too,

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and it's just going to go back to back. So

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I just wanted to raise that issue right now rather

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than wait until the day before.

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Speaker 3: You don't, why don't we go back and address that,

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because I think that's the discussion on that we may

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best be done at sidebarks. It's going to talk about

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some medical issues and things like that, so so put

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that one on old with any other issues.

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Speaker 2: So what Toorney Kenny was asking for was that if

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the have is sent to Tothbury, that a copy also

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be sent to her because the Serf's Department is providing transportation, so.

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Speaker 3: We can we can do that, so any habes that

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go out to Tewkesbury, copy will be also made to

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the Sheriff's department because is they we talked about, they'll

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be providing transportation in their van from Tewksbury to the

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court and then from the court back to.

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Speaker 4: Tewkesbury, right, which has been uh, very very acceptable and

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they've been very good, very great on their transportation.

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Speaker 3: All right, all right, so call us what else?

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Speaker 2: So emotions and when they adue next week on the fourth,

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we will be filing a motion for a view. We

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have been in touch with the homeowner, the current homeowner.

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He does plan on objecting and we'll have counsel here.

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So I just wanted to give the court notice that

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there will be a hearing on that.

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Speaker 4: On the eighteenth.

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Speaker 2: On the eighteenth, well, we'll have.

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Speaker 3: A hearing on that for sure, all right, So.

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Speaker 4: We'll not jump into that one.

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Speaker 3: Yeah, there'll be one of the hearings. That will one

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of the issues we'll talk about on the eighteenth.

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Speaker 2: And I'll provide a copy of our motion to the

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homeowner's attorney.

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Speaker 3: Okay, all right, Almost anything else do you see. No,

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your honor, all right, it's ranking.

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Speaker 4: I don't think so. I mean the eighteenth obviously will

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address the issues that you said about any medical issues

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and things of that nature. No, I can't think of

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much of anything. The only concern I have is the

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motion and eliminades that I do next week. I don't know,

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honestly if I'll be able to get them done by

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next week because I am stating that trial and federal court.

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But on the other hand, I can't really think of

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many defense motions and eliminade, so I'm not too concerned

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about that, so I know that the court would give

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me some latitude on that.

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Speaker 3: Well, why don't we do this thing while what you

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have by the fourth, doing the fourth by the fourth

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call off file yours we have done by the fourth.

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Part of the reason I think that we had that

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final trial cor conference about a month really before we

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actually start the trial was because of things like this,

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so that we can, you know, address whatever motions eliminate

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the best we can at that point. So you just

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make your best effort. We'll councilors experience, both all three

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councils very experienced, so I think to be able to

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kind of get what you can done by then, and

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if not, you need a little bit more time. I

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don't the eighteenth is not going to be It's not

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gonna be a problem because we're a month still out

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from trial and.

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Speaker 2: We also have a secondary free trial date the week

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before trial, right, So.

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Speaker 3: I think I'm not that concerned about But soon you

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get them to me the better, and it's soon to

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get it to each other, obviously, But my hope would

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be to address as many of them as we can

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on the eighteenth, so everybody has a good idea of

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what's in what's not in. If we have to address

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later ones on that next the final date, which at

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the thirteenth, we can do that, all right, anything.

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Speaker 4: Else, what about your issues?

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Speaker 3: I thought we could discuss that on the eighteenth. I

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think that's you know, procedures, questions, questions in the air.

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How we're going to do that, you know, even just

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straight procedures of you know, where it's going to be

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done or you know, with sidebar things like that, How

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we're going to do that. I think that's probably something

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we can deal with.

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Speaker 4: Sidebar issue is resolved. They told me that rises up

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and down, So I think We're good on that.

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Speaker 3: Yeah, And so just you know, just kind of logistical

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questions about about how we're going to do it, but

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mainly about questions. So if anybody has suggested questions, and

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you know some some have been filed already, I'll try

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and have kind of a working model when we come

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in on the eighteenth, and we can kind of talk

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about that.

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Speaker 4: Yeah. I think I felt my proposed questions in a

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questionnaire if you weren't going to do that, right.

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Speaker 2: Yeah, And the promulcle file is by the fourth that's.

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Speaker 3: Fine, all right, other than the question about uh June eighteenth,

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anything else, so can I see it sidebarrow? We have

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we can maybe if we can see the.

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Speaker 2: Last the record.

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Speaker 3: Records.

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Speaker 4: All right.

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Speaker 3: So what we're going to do is we'll move that

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final trial conference from uh ten o'clock till two pm.

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So it's going to be next day. It will be

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June eighteenth at two pm, and that'll be the defense

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will be uh here in person. That's argue motions, eliminae,

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jury issues in deal and check on the status of

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the examiner's reports. All right, anything else we need to address, no,

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your honor, all right, Well, thank you counsel. Thank you.

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With Clancy, thank you, and we'll be in recess all right.

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Speaker 1: Just for the record that MAD continues to June eighteen

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six at two pm for the final pretrial conference.

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Speaker 3: Thank you, all all right, thank you,