Lindsay Clancy's Nurse Raised Bipolar Six Weeks Before the Killings, Jury Selection Continues in the Tupac Trial, Gotti's Grandson Reports

0:03 Caalaroga Shark Media. Good morning. This is daily Crime and Justice from Calaroga Shark Media, powered by AI. I'm Garrett Fischer. Thursday, August thirteenth, twenty twenty six. On Tuesday, Lindsey Clancy turned thirty six years old. She spent her birthday in a wheelchair in Plymouth Superior Court listening to a nurse practitioner read out messages she had sent from a hospital patient portal in the winter of twenty twenty two, messages about intrusive thoughts she had never had before, about feeling completely hopeless, about being afraid she was getting addicted to her own medication. Cora Clancy would be eight now, Dawson would be six, Callen would be four. I'm not going to make a bigger point out of that than it deserves. Birthdays happen in the middle of trials, but it was in the coverage and it belongs in the record, because this is the thing about a case like this one. Every single person in that room lost something on January twenty fourth, twenty twenty three, and one of them is the reason. Today a full day of testimony from the two nurse practitioners who managed Lindsay Clancy's care at a perinatal program, including the one who raised bipolar disorder with her six weeks before the killings, a fight over whether a former hospital social worker who has been posting about this trial on TikTok gets to take the stand, and the judge's answer, which I have been quoting to myself for two days. Then Las Vegas,

1:33 where they are still trying to see a jury in the Tupac Shakur murder trial and asking candidates whether they can stomach autopsy photographs of a man whose music they grew up on. And in New York, the Gatzi kidney story ended, and it ended the way these things usually end. I also owe you a correction on something we aired earlier this week, and I'd rather do that up front than bury it. I'm Garrett Fisher, this is Daily Crime and justiss. First the correction. On Tuesday show, I told you that Kevin Reddington, Lindsey Clancy's defense attorney, had accused a prosecutor of being caught on a hot microphone saying shut her up while his client was sobbing during autopsy testimony.

2:19 I reported it as an accusation. Which it was, but I did not tell you what the District Attorney's office said back, and by then they had already said it. The Plymouth County District Attorney's Office reviewed the video and says the words were shut it off and that they referred to taking the autopsy photographs down off the courtroom screen. The office had initially attributed the comment to one of its own prosecutors, before issuing that clarification. The audio is a whisper picked up while the camera was pointed at the State Seal, and reporters who have listened to it say it is hard to make out. Assistant District Attorney Jennifer Sprague, for what it's worth, appeared confused when the accusation was made and turned to her co counsil mouthing the word what so an accusation was made in open court, it was disputed, and the dispute matters.

3:09 That's on me. You should have had both has on Tuesday, and now you have them. Judge William Sullivan's response to the whole thing, by the way, was to warn the entire courtroom that there would be no inappropriate or disruptive comments, that anyone who made one would be escorted out, and barred for the rest of the trial, and that there are microphones everywhere. He said there would be no warnings and no yellow cards now. Tuesday, before the jury came in, Reddington made a play I have not seen before, and I want to walk you through it because it tells you exactly what kind of trial this has become. He asked to add a witness named Emily Thorndike. Thorndyke is a former social worker at McLean Hospital. She worked for several years on the unit where Lindsay Clancy was hospitalized over New Years of twenty twenty three in the weeks before for the killings. She was not Clancy's social worker. She has no direct knowledge of Clancy's treatment. What she does have is a TikTok account on which she has been posting about this case. Reddington's argument was that prosecutors had made McLain out to be a five star institution where his client was blithely refusing care, and that this simply was not so. He said Thorndyke was willing to testify about what he called the woeful environment McLain offers, particularly around major holidays. He told the court he had vetted her to make sure she didn't have an axe to grind with the hospital. Assistant District Attorney Shenan Buckingham objected on

4:40 two grounds. The disclosure was late, and Thorndyke has no direct knowledge of what happened to this patient. She also noted that Thorndyke has admittedly been following the trial, which normally would be disqualifying under a sequestration order. And Judge Sullivan said the thing. He said he could not imagine a allowing that witness to give what amounted to a review of McLean's and then this is not trip advisor. I wouldn't allow that. Look, I'm going to be honest with you. That's a great line, and it's also correct because here's what was actually being proposed. A woman who used to work somewhere, who now posts about a murder trial on social media, testifying to a jury about the general vibe of a psychiatric unit, not what happened to Lindsay Clancy, what the place is like.

5:28 That is not evidence. That's a Yelp review with a subpoena. But watch what Sullivan did next, because he did not just say no. He suggested the two sides might be able to agree on a way to establish the actual facts staffing levels at McLain over holidays, what programming was and wasn't offered. And he said he's inclined to question Thorndyke or somebody comparable under Varder outside the presence of the jury on exactly that narrow question. That's the distinction that matters. How did you feel about working there is inadmissible. How many clinicians were on that unit on New Year's Day is a fact. And if the answer is that a woman in psychiatric crisis was admitted to a skeleton holiday staff and discharged five days later, that is something a jury is entitled to know. This is the second time in two days that Sullivan has narrowed a defense request rather than killing it. On Monday, he reversed himself and let two doctors testify about Clancy's injuries. Now this he is drawing a line between grievance and evidence, and he keeps landing on the right side of it.

6:36 We'll be right back. Coret Clancy was five years old, Dawson Clancy was three, Callan Clancy was eight months old. They were strangled with exercise bands in the basement of their home in Duxbury, Massachusetts, on January twenty five, twenty twenty three, by their mother, who has admitted doing it and who is pleaded not guilty to three counts of first degree murder on the ground that she was not criminally responsible. She is presumed innocent. That has not changed and will not change until twelve people say so. Tuesday belonged to two women who tried to treat her first. Julie Paul finished up. She's the psychiatric nurse practitioner from the South Shore Health Perinatal Behavioral Health Program who started seeing Clancy in November of twenty twenty two, and Paul had already given the jury a number that I think is the single most important piece of evidence anybody has put in front of them so far.

7:39 There is a screening instrument called the Edinburgh Postnatal Depression Scale. It's the standard tool. It's thirty points. Ten is usually the threshold where somebody says we need to look at this more closely. Lindsey Clancy scored twenty three twenty three out of thirty. In November of twenty twenty two. Paul testified the screening showed extremings and in the same breath. Paul testified that Clancy denied suicidal thoughts and denied hallucinations, and that she asked her directly whether she wanted to hurt herself or her children, and Clancy said no. Remember that number, because on Monday, doctor Jennifer Tuff's, the psychiatrist writing roughly half of this woman's thirty odd prescriptions, testified she was not aware that the postpartum screening had ever been administered or that it came back showing severe depression.

8:27 The test existed, the score existed, the. Prescriber didn't know, and I want to be fair about why, because Tuffs gave an answer for it on Monday, and it's not a stupid one. Reddington went after her for not chasing down records from Clancy's other providers or talking to her family, and Tufts testified she was constrained by HYPEI the Federal medical privacy law. Now HEYPA does not actually stop a treating clinician from requesting records for the purpose of treating a patient. That's what it's for. But there is a version of this that happens in real practice all the time, where privacy rules get read defensively, where nobody wants to be the one who made the call they weren't supposed to make, and the result is four different providers, each holding one quarter of a picture.

9:14 That's the argument the defense is making, whether or not they say it in those words, not that anyone was cruel, that the system was built so that no single person had to look at all of it at once. Paul also described trying prozac and it going wrong. She explained the drug takes four to six weeks to do anything, but side effects show up in the first two. Clancy was nervous about starting it, and after three days reported feeling disconnected and out of it. Paul's testimony on this was honest in a way I appreciated. She said, when a patient doesn't have buy into a medication, it's awful it doesn't work as well, and that Clancy simply wasn't tolerating the activation from the prozac, so she switched her to something else and recommended a partial hospitalization program at women in Infant's Hospital in Rhode Island. Clancy felt the logistics wouldn't work for her family. That's the third time a provider recommended a partial hospitalization program and it didn't happen, Tuffts suggested one. In December, Tuffs raised it again Paul recommended women and infants in Rhode Island. On Monday, Tuffs also testified about an infusion treatment for postpartum depression, a sixty hour course over two and a half days, that she couldn't recommend because it was only available at that same Rhode Island facility and she had no access to it.

10:34 So the best available treatment for what this woman had was across a state line, and the system on this side of the line couldn't get her there. Reddington also asked Tufts on Monday whether it would surprise her to learn that Clancy called suicide hotlines twice and was turned away. Tuff said, yes, it would surprise her. I don't know what became of that. It was a question, and a question from a lawyer is not evidence. But if the defense can that in front of this jury with something behind it, that's a moment. And here's the moment that I did not expect. When Paul finished, Kevin Reddington, who has spent two weeks taking this witness stand apart with a crowbar, thanked her. He said she stepped up. He said she treated his client with good care and professionalism.

11:19 In his opinion, he noted she had called Clancy on one of her days off and had given her a personal cell phone number. Thank you very much for your care. A defense attorney running an insanity case built on medical failure just told a jury that this particular clinician did it right. That is not a slip. That is a lawyer telling twelve people. I am not here to burn down every doctor in Massachusetts. I'm here about the specific ones who failed her, and it makes everything else, he said land harder. Then came Rebecca Jelatta, a Board certified psychiatric mental health nurse practitioner at south Shore Health who took over Clancy's care from Julie Paul when Paul left the practice. She was on the stand for most of the day. Jelata and Clancy communicated constantly through the patient portal the my Chart app through late November and December of twenty twenty two. On December first, Clancy messaged her.

12:13 She wrote that she was having intrusive thoughts she never had before, that she was feeling completely hopeless, that she was worried about becoming addicted to some of her medications. Jelada testified Clancy did not report feeling suicidal. What she reported was this, she couldn't keep going on like this. On December sixth, Clancy reported her sleep still hadn't improved. And this is where it happens. Jelata told Clancy and told Patrick Clancy, who was on that call, that she may have an underlying bipolar disorder that was six or seven weeks before the children died. Now hold that against what else this jury has heard. Doctor Tuff's testified she and Clancy discussed by polar II given the insomnia and the extreme reactions to antidepressants, but that she ruled it out because Clancy never had mania. Lindsey Clancy has since been diagnosed with bipolar disorder. A forensic psychiatrist diagnosed her with bipolar and postpartum psychosis after the killings. So the defense theory is not something Kevin Reddington dreamed up for trial.

13:18 It was raised out loud by a treating clinician to the patient and her husband in the first week of December. And the standard concern about bipolar illness. The reason it matters so much which diagnosis you're working from is that antidepressants given to a bipolar patient can destabilize them. Jelada also testified about pairing low doses of multiple medications, which she said is common practice, saying she thought it would help with depression, anxiety, and sleep. The prosecution's counter came on redirect and it's the same counter they've run with every clinician. Jelata did not believe Clancy was suffering from postpartum psychosis, and under questioning from Shannon Buckingham, Jelada agreed that in all her interactions, Clancy showed clear thinking, was able to ask questions and advocate for herself, and never once indicated a plan to kill herself or harm her children.

14:11 Reddington's cross went at the gaps. He asked whether Jelata knew Clancy had stopped driving. She did not. He read notes from a social worker about Clancy losing weight. He asked whether she had told Clancy to tough it out rather than taper the valium. He asked whether Patrick had reported intrusive thoughts, and Joelatta said yes he had, and that they were intrusive suicidal thoughts documented several times through the course of treatment, and then Reddington asked whether Patrick was speaking for his wife on those calls, and Joelatta said she couldn't remember who was speaking and who wasn't. I want to sit on that for one second, because it is the smallest detail of the day, and it might be the loudest. By December of twenty twenty two, on at least one clinical call, the person describing Lindsey clancy symptoms may have been her husband. She had asked for him to be there, which Jelata testified she had never done before. A labor and delivery nurse who knew exactly how to describe symptoms, who had been advocating for herself in a patient portal for months, wanted somebody else in the room. The prosecution will say that's nothing. People bring their spouses to appointments, and that's true. But the state's theory of this case is that Lindsey Clancy was organized, capable, and in control right up until the moment she chose to kill her children. Every piece of evidence they've put on has been aimed at that she made the phone calls, she ordered the food, she was appropriate and coherent the day before, and the same record shows a woman who

15:42 by early December could no longer sit alone in a telehealth appointment and speak for herself. Both of those things are in the file. That's what this jury has to reconcile. The Commonwealth may rest this week. When they do, we find out what the defense has more in a moment. Jury selection continued Tuesday in the murder trial of Dwayne Davis, sixty three, the only person ever charged in the killing of Tupac Shakur. And I can now give you the name of the judge, which I couldn't on Wednesday, Clark County District Judge Carly Kearney. Davis is represented by attorney Michael Samft. Here's how it's going. Monday started with seventy five potential jurors, and more than twenty were excused before individual questioning even began. Another seventy five were brought in Tuesday.

16:40 They're trying to seat sixteen twelve jurors and four alternates. Kearney told the pool to expect a five week trial and promise them it would be an interesting case. Jury selection is expected to run through Friday, with opening statements anticipated Monday the seventeenth, and the questions they're asking the candidates tell you everything about what kind of case this is. What do you know about a thirty year old shooting? What do you think of Tupac Shakur's music? Do you listen to crime podcasts? And can you look at autopsy photographs? Think about that last one for a minute. They are asking people whether they can stand to look at photographs of Tupac Shakur's body. Some of the people in that pool were not born when he died. Some of them have his lyrics memorized. There was also a significant procedural move on day one that got very little coverage. Davis waived his right to have the jury recommend a sentence.

17:34 That means there's no penalty phase. If he's convicted, Judge Kearny alone decides what happens to him. That's a real decision, and defense lawyers make it for real reasons. A jury that has just sat through five weeks of testimony about a beloved artist dying at twenty five is not a jury you want deciding your client's sentence. A judge's in theory harder to inflame. It's also a you don't give up a sentencing jury if you think you're walking, You give it up when you're managing the downside and the jury pool itself is the hardest part of this case, which is why they're burning a week on it. A former federal prosecutor who isn't involved, put it well. On a case like this, people arrived with beliefs already formed about who was responsible, thirty years of documentaries, podcasts, message boards.

18:25 And theories. Some of those theories point at Dwayne Davis, some point at people who have never been charged with anything. Every one of those jurors walked in with a version of this story in their head, and both sides have to find the ones who can put it down. One more thing, and it's a good one. Marion Knight, who was driving the car and took a bullet fragment himself, spoke to ABC News from the prison where he's serving time in an unrelated case. His view of Davis's chances is short. He said everything Davis said and talked about he already told on himself. That's the whole prosecution. In nine words from the only other man who was there now New York and an ending on Tuesday, I told you Carmi Gotti Agnello was facing a two o'clock Monday deadline. Donate the kidney to his mother or report to federal prison.

19:16 And I told you I couldn't confirm which one happened. It's confirmed he went to prison. A Bureau of Prison spokesman confirmed Agnello surrendered late Monday and is being housed at the Federal Correctional Institution at Fairton, New Jersey, with reporting that he'll serve his fifteen months at a minimum security satellite camp there. The transplant never happened. Victoria Gotti was never medically cleared because of the infection. Agnello made one final push on Monday, asking the judge to keep the September eighteenth date. Judge nusrat Chewt Hurry denied it. She did give him two extra hours to report two hours. That's it. That's the whole reprieve. And there is a detail that surfaced in the coverage that recontextualized this entire saga.

20:01 So let me give it to you straight back. In March, Agnello's lawyer at the time, Stephen Metcalf, filed papers saying the transplant had to happen imminently or Victoria Gotti might die or be permanently disabled. That filing got the sentencing moved from March thirteenth, to April twentieth. Then Agnello got a new lawyer, Jeffrey Lichman, and before sentencing, Lichman apologized to the court and clarified that Victoria Gotti was not, in fact on death's door. His own attorney walked it back to the judge in advance. So the urgency that bought the first delay was overstated by his own side, and everybody involved knew it before the sentence was even imposed, And then there were more delays anyway.

20:45 Count the calendar. Guilty plea in twenty twenty four, sentencing pushed from March to April, fifteen months, imposed down from a guideline range prosecutors had pegged it closer to three years. Surrender push from June, pushed again to August third, pushed again to August tenth, Denied on August tenth plus two hours. That's a year and change of freedom. Passed a guilty plea for stealing one point one million dollars in pandemic disaster relief, more than four hundred thousand of which prosecutors say went into a cryptocurrency scheme. Every extension had a sympathetic reason attached to it, every single one. I said this on Tuesday, and Tuesday proved it. Each step is defensible.

21:29 The sum is not. There's a playbook for this, and the playbook is delay until everybody stops paying attention. And I'll say the other thing again too, because it hasn't stopped being true. Victoria Gotti has chronic kidney disease and still needs a kidney. That part was never a scheme. She is a sixty three year old woman with a real illness, and whatever her father was, she. Didn't choose him. If there's a tragedy in this story, it's hers. As for her son, he is now where a federal judge decided he should be a year ago. And I have not forgotten the twenty nine year old woman in East Norwich whose allegations against him from June are still pending in Nassau County, and who is presumed to be telling the truth exactly as much as he is presumed innocent.

22:16 That case doesn't go away. Because he's in Fairton. Someone has to say her name. Nobody has publicly, and that's probably right, and it is also why almost nobody is covering. What happened to her. Do better. Three stories today in Plymouth, nurse practitioners Julie Paul and Rebecca Jelatta testified about the perinatal program that treated Lindsey Clancy. Paul put a twenty three out of thirty depression screening score in front of the jury. Jelata testified she raised the possibility of an underlying bipolar disorder with Clancy and her husband in early December, six weeks before Cora, Dawson, and Callen were killed. Judge Sullivan declined for now to let a former McClain social worker testify about the hospital in general terms, but left the door open on staffing.

23:09 Clancy has pleaded not guilty and is presumed innocent. In Las Vegas, jury selection continues before Judge Carly Kearney in the murder trial of Dwayne Davis, with opening statements expected Monday. Davis has pleaded not guilty and has waived jury sentencing. And in New York, carmin Gotti Agnello surrendered Monday to begin a fifteen month federal sentence at Fair in New Jersey. The kidney transplant never took place, and again my correction the disputed hot My comment in the Clancy trial was reported by the District Attorney's office to be shut it off referring to the autopsy photos, not shut her up. I gave you the accusation on Tuesday without the answer, and you deserved both. If this show is worth your time, send it to one person today. That's the whole ask.

23:59 And if you're listening on Spotify, drop a comment. I want to hear from you on the Edinburgh score because a twenty three out of thirty that the prescribing psychiatrist never saw is either a system's failure or a hip a problem, or both, and the clinicians who listen to this show know more about that than I do. Tomorrow, whatever Plymouth and Las Vegas hand us, I'm Garrett Fisher. This is Daily Crime and Justice from Calaroga Shark Media. Disclaimer. This program covers active criminal proceedings and is based on court testimony, court filings, and reporting available at the time of recording. Lindsey Clancy has pleaded not guilty to three counts of first degree murder and is presumed innocent. She has acknowledged causing her children's deaths and asserts she was not criminally responsible. Dwayne Davis has pleaded not guilty and is presumed innocent. Carmine Gotti Agnello has pleaded guilty to federal fraud charges, but has not been convicted of the separate Nassau County assault charges referenced here, and is presumed innocent on those. No jury has ruled in any pending matter.

25:06 Discussed a correction on our Tuesday program, we reported a defense allegation that a prosecutor was recorded saying shut her up during the Clancy trial, without including the district attorney's response. The Plymouth County District Attorney's office states that review of the video shows the words were shut it off, referring to autopsy photographs on a courtroom screen, and that its earlier attribution of the comment to a prosecutor was subsequently clarified. Reporters described the audio as difficult to make out. We should have carried both accounts, and we regret the omission. In the Clancy trial, outlets differ on callan Clancy's age at death reported as seven to eight months. Testimony described here reflects reporting from multiple outlets and is paraphrase. The ruling on the proposed McClain witness was taken under advisements and had not been finally resolved at the time of recording.

26:00 Doctor Jennifer Tuff's and doctor Eliah Goodhart are named defendants in civil malpractice suits that have not been tried. And deny wrongdoing. Nothing here is a finding about the quality of any provider's care. In the Las Vegas matter, prosecutors do not allege Duayne Davis fire the shots that killed Tupac Shakur. Statements attributed to Davis come from a memoir he co authored and from recorded interviews, and his attorneys have argued the book was fictionalized. Sean Combs has denied involvement in Shakur's death and has not been charged in connection with it. Reporting differs on whether the trial is expected to run four or five weeks. In the Agnello matter, outlets report his age as both thirty nine and forty, and give his original surrender date as both June twentieth and July twentieth.

26:50 Accounts of his sentencing date vary between March thirteenth and April twentieth, with reporting indicating the March date was continued. Descriptions of council statements about vic Toria Goatti's medical condition come from published reporting on court violins, which we have not independently reviewed. This episode discusses post part of mental illness, suicide, gun violence, and domestic violence. If you are struggling with postpart of mood symptoms, the National Maternal Mental Health Hotline is free, confidential, and available around the clock. Call or text one eight three three t l CMAMA. If you are having thoughts of suicide, call or text nine eight eight to reach the Suicide and Crisis Lifeline. If you are experiencing domestic violence, the National Domestic Violence Hotline is available at one eight hundred and seven nine ninety seven two three three