Lindsay Clancy's Mother Testifies She Warned Them a Month Before, the First Witnesses in the Tupac Trial, No September Mangione Trial

0:03 Caalaroga Shark Media. Good morning. This is Daily Crime and Justice from Calaroga Shark Media powered by AI. I'm Garrett Fischer. Today is Wednesday, August nineteenth, twenty twenty six. For four weeks in Plymouth, Massachusetts, the commonwealth has been building a case that Lindsay Clancy knew exactly what she was doing. Fourteen days of testimony, more than seventy witnesses, phone records, watch data, search history, autopsy photographs, a timeline built minute by minute from a dead woman's step count. On Monday morning, the prosecution rested, and then for the first time in this trial, the other side got to put on witnesses, not cross examine, not object, actually stand up and call people to the stand and ask them what they saw and who did Kevin Reddington call first, not an expert, not a psychiatrist with a curriculum viti as long as your arm. He called her family, her sister, her mother, and on Tuesday, her former mother in law, the woman who used to be her nurse colleague and is now the grandmother of the three children she killed. Look, I'm going to be honest with you.

1:18 That is not an accident. That is a strategy because for four weeks this jury has been looking at data, and data does not cry on the witness stand. Data does not say. The words she was begging for help a grandmother does. We have got three big cases moving today, and all three of them turned this week. Clancy and Plymouth, the Tupac Shakur murder trial finally putting witnesses on the stand in Las Vegas thirty years late. And in Manhattan, a judge just pulled Luigi Mengioni's September murder trial off the calendar, and now there is a real question about whether that trial ever happens. Let's start in Plymouth before anything else.

2:02 The names Cora Clancy was five years old, Dawson Clancy was three, Callan Clancy was eight months old. They were killed in. The basement of their home on Summer Street in Duxbury, Massachusetts, on January twenty fourth, twenty twenty three, with exercise bands. Their mother has admitted she did it. Lindsey Clancy, now thirty six, has pleaded not guilty to three counts of murder. That plea is not a denial that she killed them. Her attorney has told this jury from the start that she did. What she disputes is. Whether she can be held criminally responsible, whether she was in the grip of postpartum psychosis and bipolar illness at the time, and whether the medications prescribed to her by the people she went to for help made all of it worse. That is the whole case, not who, not how, just whether the law can hold her accountable for it.

2:53 So here is where things stand. Monday morning, the Commonwealth called its last witness, a forensic exams emmin are named Ian Whiffin, who works for Kellibright and who is testified in both of the Karen Reid trials. His job was the timeline and he walked the jury through the minutes when Patrick Clancy was out of the house picking up a takeout order and a prescription. The Apple watch recorded a heart rate of fifty seven at five point twenty three in the evening. The last movement the device is captured was a trip up two flights of stairs, ending at five point thirty eight. After that nothing, Lindsey Clancy was found outside the house on the ground after cutting herself and going out a second story window. Wiffin also testified about search history. In the week before the killings.

3:38 There were searches on her phone about ketamine for suicidal thinking, and the next day searches for the symptoms of postpartum psychosis. Now, prosecutors put that in front of the jury for a reason they wanted to read as a woman researching the defense she would later use. Reddington wants it to read as a woman trying to figure out what was happening inside her own head. Same search, two completely different stories. And on cross Reddington did what he has done all trial, which is attack the completeness of the record. He established that the phone and the watch stopped reporting data at five point thirty eight, and that nobody can say what happened after that. He held up an Apple watch and asked the witness if he had ever seen it before.

4:21 The witness said no and explained that they pull watch data off the SINC phone, not the watch itself. Then the Commonwealth rested and the defense stood up. The first witnesses were the people who loved her. Margaret hamp a labor and delivery nurse at Massachusetts General who worked alongside her, Her sister Alison Osga, who testified that when she saw Lindsay at Thanksgiving of twenty twenty two, her mood was not good and that by December she seemed to have decompensated badly. Ozga said she asked her sister directly whether she was safe. Her sister told her she was. Then Paula Musgrove took the stand, Lindsey Clancy's mother. Musgrove told the jury that the change started in the second week of October twenty twenty two. On October twentieth, her daughter sent her a text message, and the jury saw it on a screen in the courtroom. Reported by ABC News, it read, in part, mom, will you please come up and stay with me for a bit? She wrote that she was really sick, that something was wrong, that she had not slept, and that she did not want to be alone. Musgrove went and stayed for a week. She and her husband were both still working, and she told a jury that when she got there, her daughter was, in her words to court TV's cameras, afraid to be alone and actually asked whether she could sleep in the same bed as her mother. Think about that for a second.

5:48 A thirty five year old labor and delivery nurse, a woman who spent her career walking other women through the worst pain of their lives, asking her mom if she can sleep in her bed because she is too frightened to be by her self in her own house. Musgrove testified that her daughter had lost a lot of weight, that she said she could not remember anything, that she told her family the medication was destroying her mind, that this was not her and that she just wanted to feel better and enjoy her kids again. And then the moment that landed hardest. Musgrove told the jury that in December of twenty twenty two, about a month before the children died, she was standing in the kitchen with her daughter and her son in law, and Lindsey told them both that she was having thoughts of harming the children.

6:33 She said it out loud to her mother and her husband a month ahead of time. Now the Commonwealth is going to use that. They will argue that a woman who can identify the thought, articulate the thought, and warn her family about the thought is a woman who understands the difference between right and wrong. That is a real argument, and I am not going to pretend it isn't. But the defense is going to use the exact same sentence. And here is how she told them. She told her mother, she told her husband, and over the preceding months, she told a psychiatrist, a nurse practitioner, a mental health counselor, and a five day in patient program at McLain Hospital. She raised her hand over and over again, and in January she was still sick, still medicated, still spiraling, and three children were still in that house. That is the argument Reddington is making, and it is not a small one.

7:25 Monday afternoon, the defense called its first expert, doctor Michael Wulfovich, an emergency physician at Newton Wellesley Hospital who did not treat Clancy but reviewed her records. He described what came into the hospital that night. She was unresponsive and not speaking intelligibly. Doctors were worried she could not breathe on her own and intubated her. She was severely hypothermic. She had multiple fractures in her neck and mid back. After she was moved to Brigham and Women's, she went into full cardiac arrest and needed two rounds of CPR. He testified that her injuries were consistent with self injurious behavior and then asked about what she meant to do. He said this, and I quote Boston Dot COM's account of it the intent. I can't gauge that matters because prosecutors have spent this trial suggesting her suicide attempt was not serious.

8:16 Two rounds of CPR says otherwise. The Commonwealth did not cross examine him at all. Tuesday morning, the defense called Susan Clancy, Patrick's mother, a nurse practitioner in labor and delivery at south Shore Hospital for thirty eight years. She testified that in the fall of twenty twenty two, her daughter in law came to her and that she was quote begging for help. She said Lindsay described insomnia, loss of appetite, deep anxiety, and sadness, and Susan Clancy did the thing a nurse does. She got her into a program. She referred her to South Shore's Perinatal Behavioral Health Program, the program built specifically for mothers in exactly that situation.

9:00 She also described Lindsay as nurturing, loving, a wonderful mother who loved all three of her children very much. On cross prosecutors made a point of establishing that the children never came to her house for sleepovers, that the family thought it was best for the kids to stay in their own home. And that when help was needed, Lindsay's parents came to them. After Susan Clancy stepped down, the defense moved to a forensic expert, doctor Michael Lapisada, and immediately ran into a fight. Reddington had diagrams showing how his client landed and the injuries that followed, including a fracture at the top of the spine. Prosecutors objected that the drawings put the window well in the wrong place.

9:41 Reddington said the measurements were taken and the drawings are accurate, and that being off by a few inches does not change anything. That was the state of play as we went to record. One more thing you should know because it is going to shape how this verdict gets received, no matter which way it goes. Court TV reports that an online fundraiser started by a TikTok user for Lindsay Clancy's parents has pulled in more than eight hundred thousand dollars with a stated goal of two million, and across social media, the sentiment has run heavily in her favor, with a fair amount of it aimed at the prosecutors. I want to be careful here. Nobody on the internet has sat in that courtroom for four weeks. Nobody on the Internet has seen the autopsy photographs. The jury has seen.

10:27 Twelve people in Plymouth are going to decide this, and they are going to decide it on evidence and on a jury instruction about criminal responsibility, not on a hashtag. And whichever way it goes. Understand what an acquittal here actually means. If this jury finds Lindsey Clancy not criminally responsible, she does not walk out the door. She goes to a state psychiatric hospital, and she comes up for periodic review, potentially for the rest of her life. That is the outcome the defense is fighting for, not freedom, a hospital instead of a prison. Cora Dawson Callen five three and eight months old. Someone has to say their names. Tupakamaru Shakur was twenty five years old. He was a rapper, an actor, a poet, a man whose work took on social justice and street life and what it meant to be a black man in America, and thirty years after his death, he is still one of the most influential artists this country has produced. On the night of September seventh, nineteen ninety six, he was in Las Vegas for a Mike Tyson Fight.

11:51 He was in the passenger seat of a. Black BMW driven by Marion suge Knight, the head of death Row Records. They stopped at a light near the show. A white Cadillac pulled up alongside them, and someone inside started shooting. Shakur was hit multiple times. He died in the hospital six days later on September thirteenth, and then for twenty seven years nothing, no charges, nobody. Dwayne Keith Davis, known as KEFID, sixty three years old, was indicted in twenty twenty three. He is the first and only person ever charged in this killing. He is pleaded not guilty, and on Monday morning in a Clark County courtroom in downtown Las Vegas, this case finally got in front of a jury. Let me be precise about the charge, because outlets have described it different ways. Davis is charged with murder with a deadly weapon with a gang related enhancement.

12:45 Prosecutors are not saying he pulled the trigger. Their theory is that he supplied the gun and directed the shooting from the front seat of that Cadillac. Chief Deputy District Attorney Binu Palal told the jury this was, in his words, act of revenge. Hours earlier, that same night, Shakur and members of his entourage had beaten Davis's nephew, Orlando Anderson at the MGM. Grand prosecutors say what followed was retaliation and that the jury is going to hear about it from Davis himself because for two and a half decades, Davis has talked. He talked to a task force in two thousand and eight, he talked to BET on camera in twenty eighteen, and in twenty nineteen he published a memoir describing that night in detail. The defense position is exactly what you would expect, and it is not a weak one. Attorney Michael samp told jurors that what the state is calling fact is really fiction. Quoted by NPR, he said, flatly, there's no facts. His argument is that Davis was never charged for all those years because investigators knew what he was saying was not reliable.

13:55 He argued the book was written to make money, that a co writer may have penned most of it, and he pointed at missing documents in the original investigation and at distrust between police departments. And then the state started calling witnesses, and this is where you feel the thirty years. The first witness was Gary Dale, who spent twenty five years with Las Vegas Metro and was working the bike team that night. He testified that before the shooting he stopped a black BMW because it had no visible license plate, that the two men inside identified themselves as Tupac Shakur and Suge Night, and that he told them to put the plate back on and let them go. He never wrote a report about it. Later that night he heard the shots fired call and responded, and he wrote in the ambulance with a wounded Tupac Shakur. He testified that when he asked who had done it, Shakur told him, quote, we'll take care of it. That is a twenty five year old man shot four times, telling a police officer that this would be handled outside the system. Six days later he was dead, and for thirty years he was right.

15:02 Nobody handled it. The second witness was Ingrid Stokes, who was in the car directly ahead of the BMW on her way with friends to the same club Shakur and Night were headed to. She described the sound of the gunfire on cross soft asked whether anyone in her car had been yelling Tupac's name, and she said no. She said Knight, and Shakur looked relaxed, that Shakur was not hanging out the window, that there was no crowd around the car, and then something happened that you do not see in most states. A juror submitted a written question, which Nevada allows after cross examination, asking Stokes whether she could tell which direction the shots came from. She said no.

15:43 The third witness was retired Metro homicide detective Brent Becker, who testified by video for close to two hours and whose testimony is the most damning thing in this trial so far, but not about Dwayne Davis. It is about the investigation. Becker testified that he was called to the scene the day after the shooting before Shakur had even died, which he described as unusual because homicide did not get called out unless there was a body. He said he began locking his case files in his desk and putting records on a floppy disk instead of sending them to the records department because he believed information was leaking and he had come back to find things on his desk moved. He testified that everyone connected to this crime was in California, and that he made ten or twelve trips out there trying to talk to people, and every time he tried death row records, he got the run around, and souge Knight, who was in the car, who was himself shot that night, and who was on paper the victim of an attempted murder, did not come in. Becker testified it took several days that night, missed at least one scheduled interview, and that when he finally showed up, he brought three attorneys with him.

16:51 Becker told the jury he believed Knight was not telling the truth and knew nothing useful. There is a playbook for this, not for the shooting, for what came after. Everybody who could have solved this in nineteen ninety six had a reason not to talk to the police, and the police had reason not to trust each other. And thirty years went by and three of the four men in that cadillac died. The final witness Monday was Fred Miller, a retired LAPD investigator who was assigned in nineteen ninety seven to the murder of Christopher Wallace, the rapper known as the Notorious Big who was shot and killed in Los Angeles, six months after Shakor Miller had received information that Davis might be a suspect in that case. Jurors heard a forty minute recorded interview between the two men and saw a polaroid photograph of Davis and Orlando Anderson that was found in the trunk of a Chevrolet and Paula in Compton during that investigation. Here is the part that matters, and I want to be very clear about it, because it is easy to hear that testimony and draw a conclusion that the court has specifically told the jury not to draw. Davis was never charged in the killing of Christopher Waller, and with prosecutors agreeing, the judge instructed the jury directly that police do not believe Davis was involved in that murder. Court adjourned Monday afternoon and resumed Tuesday morning. Prosecutors have signaled they intend to call somewhere between thirty five and forty five witnesses, and this trial is expected to run about a month. Tupac's sister, Sakiwa Shakur,

18:22 sat in the gallery Monday with other members of the family. Asked afterward what the day had been like, she said it was a lot of information to take in thirty years. That family has been waiting thirty years to hear. A witness sworn in Tupac Shakur was twenty five. Someone has to say his name. Brian Thompson was fifty years old. He was the chief executive of United Healthcare. He lived in Maple Grove, Minnesota, and he had two teenage sons. On the morning of December fourth, twenty twenty four, he was walking to his company's investor conference in midtown Manhattan when he was shot from behind on a public sidewalk last Friday, in a federal court room in Manhattan, with Thompson's mother and his wife sitting in the front row, Luigi Mangoni pleaded guilty two federal stalking counts, interstate stalking resulting in death and stalking through interstate facilities resulting in death.

19:25 He admitted following Thompson to that conference, and he said in open court quote, I shot mister Thompson in Manhattan. And he died nine words. After nearly two years of a national argument about this case, the man at the center of it stood up and said it out loud. Federal sentencing is set for December eighteenth, prosecutors say they will seek life. The federal guidelines for what they are worth call for something in the range of twenty four to thirty years. And here is where it gets legally interesting, because Mangoni also faces a step at state murder prosecution in Manhattan, brought by District Attorney Alvin Bragg second degree murder and weapons charges. He is pleaded not guilty to those That trial was supposed to start on September eighth. It is not starting on September eighth.

20:15 The moment that federal plea was entered, Man Jones lawyers filed to have the state case thrown out on double jeopardy and due process grounds, and on Monday, Judge Gregory Carro issued an order giving Bragg's office until October ninth to respond and setting a hearing for December tenth, that is eight days before MANGEONI is sentenced in federal court. Now. I want to be careful with the language here, because different outlets have framed this differently. The Associated Press describes the trial as canceled and postponed indefinitely. CNN's rid is more technical, that the order does not formally adjourn the trial, but that it cannot go forward until the judge rules the practical effect is the same. There is no September murder trial, so double jeopardy. You have heard the phrase your whole life, and most of what you have heard about it is wrong. Under the federal Constitution, the states and the federal government are separate sovereigns, and being prosecuted by both for the same conduct is generally allowed. If this were happening in most states, the state case would simply proceed, But New York is not most states. New York has written into its own statute some of the strongest protections in the country against exactly this. A state prosecution here can be barred when a federal case arising out of the same criminal transaction ends in a guilty plea, or once a federal jury is sworn. Mangioni's lawyers are arguing that the conduct is the same conduct. Their filing says the stalking offense and the murder are coterminous, that

21:45 traveling from out of state to be at that corner at that hour does not somehow separate the stalking from the killing, that it is all one criminal transaction. They have described their client as a pawn caught between two prosecutors' offices. Office says no. Their position is that the state charges involve different legal elements and different conduct, and one of their stated reasons for fighting is straightforward. Nobody knows yet what sentence the federal judge is going to impose, and there is a real legal answer here, not just a rhetorical one. New York statute carves out exceptions, including where the two offenses have substantially different elements, or where they are aimed at preventing very different kinds of harm.

22:30 Bennett Gershman, a law professor at PACE, told Reuters he thinks it is unlikely the case gets dismissed on these grounds, and his reasoning is clean. Federal stocking requires an intent to kill, but does not require that anybody actually die. Murder requires a death. Those are not the same elements. I think that is probably right, But I also think Mangioni's lawyers are making a serious argument, not a stunt. And however, Judge Kara rules the losing side appeals, so we are potentially a long way from finished. Here's what actually bothers me about all of this. For twenty months, this case has been a national Rorschach Test, there were sweatshirts, there were fan accounts, There were people treating an assassination on a Manhattan sidewalk as some kind of opening salvo in a debate about health insurance. And there is a real debate to be had about health insurance in this country, and it is an important one, and none of it was ever going to be settled by shooting a man in the back on his way to work. Brian Thompson's family put out a statement after that plea, calling it, in their words, an important step toward justice. They also noted that proceedings in New York and Pennsylvania are still ahead of them and that they intend to keep going, which means this family gets to do this again and possibly again after that. They have a federal sentencing in December, a state case in Limbo, and a third case in Pennsylvania, and every single one of those hearings is another day where they sit in a courtroom and hear their husband

24:02 and father described as a target. Nobody was paying attention to him, not really. There was an enormous amount of attention paid to this case, and almost none of it landed on the fifty year old man on the sidewalk with two teenage sons at home. Brian Thompson. Someone has to say his name. Three cases, three courtrooms, and every one of them turning on the same question in a different costume. What does the law actually require before it can hold a person responsible? In Plymouth, it is whether a sick woman can be In Las Vegas, it is whether a thirty year old confession is enough to prove it. In Manhattan, it is whether one guilty plea is enough to close the door on everybody else's case. We will be back tomorrow with all three. Before you go, If this episode was useful to you, do me a favor and think of one specific person who would want to hear it, Not everybody.

25:00 One person, the friend who has been following the Clancy trial, the person in your life who grew up on Tupac, the coworker who will not stop talking about the Mangoni case. Send it to them that one message does more for this show than anything else you could do. And if you are listening on Spotify, drop a comment. I rid them and they shape what we cover. I'm Garrett Fisher. Take care of each other. A note on sources and standards. This episode was assembled from courtroom reporting by Court TV, Boston twenty five News, The Boston Globe, Boston dot Com, CNN, The Associated Press, NPR, CBS News, ABC News, Reuters, and the Las Vegas Review Journal, along with courtroom feeds from all three proceedings.

25:48 Several matters require disclosure. In the Clancy trial, Tuesday session in Plymouth was still underway when this episode was recorded, and testimony after the mid morning break is not reflected here. One published account of Monday's testimony dated the children's debts to January twenty twenty two. The correct date, confirmed across all other reporting and court records is January twenty fourth, twenty twenty three. Accounts also vary on whether Susan Clancy referred her daughter in law to the perinatal program or connected her to it through another provider, and Lindsey Clancy's age has been reported as both thirty five and thirty six, depending on the outlet and the date of publication. In the Las Vegas case, coverage has described Dwayne Davis's charge variously as one count of murder with a deadly weapon and as first degree murder with a deadly weapon with intent to promote or assist a criminal gang. These describe the same indictment, with differing degrees of specificity. Some published accounts have also stated that the trial began on August tenth. Jury selection began August tenth. Opening statements were Monday, August seventeen. At least the one published account misdated the shooting to February of nineteen ninety six.

27:04 It occurred on September seven. This episode does not repeat claims made in Dwayne Davis's memoir regarding other individuals who have never been charged in connection with this case, including allegations involving a name music executive who has publicly denied any involvement. Those claims are contested. They originate with the defendant himself, and the defendant's own attorney has told this jury the book is unreliable. Dwayne Davis has pleaded not guilty and is presumed innocent. Lindsey Clancy has pleaded not guilty, and the question of her criminal responsibility is for the jury alone. Luigi Mangione has pleaded guilty in the federal case and has pleaded not guilty in the state case, which remains pending. Nothing in this episode should be taken as a prediction of any outcome.

27:53 This episode discusses postpart of mental illness, suicide, and the. Deaths of children. If you are struggling, the National Maternal Mental Health Hotline is free, confidential and available at all hours by call or text at one eight three three. T LC m A m A. If you are someone you know as having thoughts of suicide, caller text nine eight eight