A tearful 911 call or the ultimate weapon to convict the mother who str@:ngled her 3 children: What evidence is driving the desperate family to plead for restricted public access?
A Massachusetts judge is expected to decide Friday whether emotionally charged evidence from the trial of Lindsay Clancy will be visible or available to the public.
Attorneys for Patrick Clancy, the former Massachusetts resident whose ex-wife is on trial for the strangulation of their three children, had filed two motions this week asking that some supporting materials be impounded and that the court limit the display and public access to specific evidence during trial, according to the filings. The request would not prevent prosecutors, defense attorneys, jurors, witnesses or court personnel from viewing the materials.
Patrick Clancy argued that public dissemination of the evidence would have a “harmful and everlasting emotional impact” on him and his family.
Attorney David Meier presented the arguments Thursday afternoon on Clancy’s behalf.
“I suggest to the court that under those provisions, upon reviewing each of those four different categories of potential evidence and the correspondence from Mr. Clancy, that certain limiting rules should be adopted by the court and imposed on the media in this case,” he said.
Patrick Clancy’s motion specifically asked the court to limit public access to the recording of his 911 call, photographs of the children and clothing associated with the crime. His request would not close the courtroom or prevent the public from hearing testimony about the evidence.
Judge William F. Sullivan previously ruled that the 911 call would be admissible during the trial but that he would give the jury a limiting instruction on how they are legally allowed to consider that piece of evidence.
Prosecutors said the recording captures Patrick Clancy’s reactions and other sounds upon his return home, when he found his injured wife outside and the children inside. They said he spoke to his wife while on the phone with the dispatcher and stayed on the line as he entered the home and discovered the children.
“The cries for help and the statements of Mr. Clancy also have significant probative evidentiary value in terms of proving deliberate premeditation, extreme atrocity or cruelty, and the state of mind of the defendant,” the prosecution wrote.
In court Thursday, prosecutor Jennifer Sprague said she would defer to the court on rules of publication for the 911 call as long as the state is allowed to present it to the jury. She also said “there’s nothing” in her opinion that would be grounds for limiting access to clothing, and she pointed out that photos of the children are already widely disseminated.
Defense attorney Kevin Reddington agreed with Meier’s arguments and spoke passionately about his belief that publication of the evidence would serve to harm Patrick Clancy and other members of the family.
“I know for a fact that that’s true, that his family, totally innocent people, they have nothing whatsoever to do with this case, being harassed daily by news media, the New York Post and all the rest of these types of salacious news media,” Reddington said.
As the judge tried to interrupt, Reddington spoke one additional jab into the microphone.
“But I still want to say that I think it’s reprehensible the way the government is trying in this case,” he said.
Sprague jumped up to respond.
“I understand why defense counsel would want to brush past what happened to these children, whitewash it away and focus on something else,” Sprague said.
“Here’s what we’re going to do: We’re going to end that now,” Sullivan jumped in, cutting her off.
Background of the Clancy case:
Lindsay Clancy faces three murder charges in the 2023 deaths of her children, Cora, Dawson and Callan.
She also jumped from a second-floor window, leaving her partially paralyzed.
In a civil case, Clancy alleges a “catastrophic failure” of multiple medical providers in diagnosing and treating her psychiatric condition.
Her trial is scheduled to begin July 20. Although her legal team offered to stipulate to the deaths of the children, she has pleaded not guilty.
She is being held at Tewksbury State Hospital.
This case involves issues of mental health. If you or someone you know needs help, you can talk with the Suicide & Crisis Lifeline by calling or sending a text message to 988, or you can chat online here.
Defense challenges witness list
Also Thursday, the judge heard arguments about a defense motion to limit the number of first responders who could be called to testify, arguing that a parade of emotional firefighters and paramedics who witnessed the tragic scene would bias the jury.
“I suggest to Your Honor that it serves no purpose other than to inflame or try to inflame the passions of the jury. One right after the other. After the other. Offering them water or offering them time to gather themselves. And it may have worked on the grand jury, but it shouldn’t work on a jury trial,” Reddington said.
Sprague said the first responders are crucial to their duty to present proof of the alleged crime. She argued that the scale of the crime meant a large number of first responders were involved.
“The commonwealth did not choose the number of victims. The defendant did. The commonwealth did not choose the ages of the victims. The defendant did. The commonwealth did not choose the horrific nature in which they died. The defendant did. It is not the commonwealth putting on a circus or parade. It’s the commonwealth presenting the evidence in this case to prove that the defendant killed those children in the manner in which they were killed,” Sprague said.
Sullivan declined to issue a blanket ruling to limit witnesses in advance. He said that the attorneys will be expected to visit him at sidebar to justify the purpose of testimony during the case and that he would make decisions for each witness in the moment.
“It’s difficult for me sitting here right now to tell the commonwealth, ‘You can’t call witness No. 2 without knowing what witness No. 1 is going to say,'” the judge said.
Opening statements Monday
Jury selection in Lindsay Clancy’s trial began this week, and the process was completed with a panel of 18 members Thursday.
Prospective jurors are being asked to complete a questionnaire and review a witness list to ensure they do not have any connection to anyone who could testify. The questionnaire included questions that probe feelings or prejudicial judgments about mental health and the insanity defense.
SOURCE: WCVB
https://www.wcvb.com/article/patrick-clancy-trial-evidence-limit-motion/73245365
