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Caalaroga Shark Media. Good morning. I'm Garrett Fisher and this
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is Daily Crime Injustice from Calaroga Shark Media. It's Wednesday,
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August fifth, twenty twenty six. Before we start, a warning
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about today's show. We are going to talk about the
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deaths of small children, about strangulation, and about suicide. We
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are also going to talk about a criminal case involving
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allegations of sexual abuse of children. Nothing in this episode
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is graphic, and I'm not going to describe anything that
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does not need describing. But if that is not something
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you can carry with you this morning, skip this one
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and come back tomorrow. We will be here. Here's what
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we've got. In Plymouth, Massachusetts, the Lindsay Clancy trial spent
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its fifth day of testimony doing something I have rarely
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seen a trial do. The prosecutor read from Lindsay Clancy's
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private journal to prove she was in her right mind.
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Then the defense attorney picked up the same journal, turned
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to a different page, and read from it to prove
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she was not same handwriting, same woman. Two completely opposite arguments,
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and in between, a parade of doctors describing what a
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hospital does when three small children arrive not breathing. In Albuquerque,
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New Mexico, an Emmy winning actor you have watched on
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television for forty years is three weeks out from a
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hearing that could decide whether the child sex abuse case
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against him survives at all. Timothy Busfield says the grand
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jury that indicted him never got to hear his side.
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Prosecutors say the case is exactly what it looks like.
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A judge takes that up on August twenty fifth, and
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later in the show, we are going back to a
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case this feed has covered before. Chris Watts, Frederick, Colorado,
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August twenty eighteen. A forensic psychologist has just given a
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lengthy interview about what he believes was going on inside
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that man's head. And it is worth talking about as
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long as we are honest about what psychology can and
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cannot do, because there is a difference between explaining a
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man and excusing him. Let's get into it. Let's start
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in Plymouth County, Massachusetts, where the murder trial of Lindsay
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Clancy has now finished its fifth day of testimony. If
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you're new to this one, here is the shape of it.
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On January twenty fourth, twenty twenty three, in a house
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on Summer Street in Duxbury, Massachusetts. Lindsey Clancy strangled her
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three children with exercise bands. Cora was five, Dawson was three,
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Callen was eight months old. She then cut herself and
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went out a second story window. She survived. She is paralyzed.
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She uses a wheelchair. She has been held at Tewkesbury
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State Hospital since twenty twenty three. Her lawyers do not
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dispute that she killed her children, not one word of it.
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Kevin Reddington, her defense attorney, has been telling any one
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who will listen for three and a half years that
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his client was a devoted mother who was overtaken by
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postpartum psychosis and by an ever changing pile of psychiatric
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prescriptions that made her worse instead of better. His argument
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is not that she didn't do it. His argument is
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that she was not criminally responsible when she did. The
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prosecution's position is simpler and colder. Assistant District Attorney Shenan
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Buckingham put it plainly in her opening. This trial is
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not a public debate about women's mental health and how
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the medical system treats women. Her position is that Lindsey
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Clancy knew what she was doing, that she engineered the
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window of time to do it, and that the Commonwealth
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of Massachusetts holds people responsible for what they do. So
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that is the fight, not what happened why. And Monday
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was the day the jury started getting handed the raw
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material for both sides at once. State Police Trooper Corey
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took the stand and read from Lindsey Clancy's own journals
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the ones investigators pulled out of that house. And these
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are not vague entries. These are the private notes of
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a labor and delivery nurse, a woman who spent her
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working life helping other women through the exact thing that
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was destroying her, writing down that she was drowning, that
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she had, in her words, crazy brain fog, that she
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couldn't make a plan, that she was living moment to moment,
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waiting for the next nap. In a November entry, she
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wrote that she was so desperate for a break from
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taking care of everyone that her own mind was hunting
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for something physically wrong with her. She wrote about feeling
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guilty for not breastfeeding. She wrote about being frightened of
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going back to work. She wrote about feeling disconnected from
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her own children and from her own husband. Now Here
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is what I want you to sit with the prosecution.
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Put those journals in front of the jury the prosecution
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because from where the Commonwealth is standing, a woman who
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is doc documenting her symptoms in a notebook, tracking her
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prescriptions and her dosages by hand. Reading a book about
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postpartum anxiety is a woman who is oriented, who knows
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something is wrong, who is capable of monitoring herself. That
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is not They will argue a person untethered from reality.
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And then Kevin Reddington stood up and read from the
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same journal, because from where the defense is standing, those
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pages are a woman screaming for help in the only
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place she felt safe writing it down. One line he
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read out loud, I want help. I want to be well. Look,
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I'm going to be honest with you. I have watched
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a lot of trials and I have almost never seen
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a single piece of evidence do that much work for
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both sides. At the same time, that journal is going
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to be in the deliberation room, and twelve people are
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going to read it, and half of them are going
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to see a diary, and half of them are going
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to see a symptom log, and that argument is the
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entire case. The rest of Monday was medicine, and it
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was hard. Doctor Michael Snyder, who treated Cora at Beth
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Israel Deaconess Medical Center in Plymouth, told jurors that the
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five year old arrived with no heartbeat. He described bruising
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to her neck PATIKII, which is the pinpoint bleeding you
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see in the eyes, after strangulation, blood from her nose.
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They worked on her for thirty minutes, then they stopped
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because there was nothing left to do. Callin the baby
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lasted longer. He was transferred to Boston Children's Hospital. Doctor
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Andrew Caprero told the jury the infant arrived cold, limp,
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not making any movement on his own. Pupils fixed and
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dilated ligature marks around his neck. His brain had swollen
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past what the skull could hold. They got his heart
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beating on its own. That was all they got. Callan
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Clancy was declared brain dead and removed from life support
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on January twenty seventh, three days after his mother put
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her hands on him. I want to say Dawson's name
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here too, because the medical testimony Monday entered on his
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sister and his brother and the middle child. In a
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case like this can get lost in the record. Dawson
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Clancy was three years old. He liked the same thing's
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three year olds, like he is just as dead and
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he counts just as much. Then came the testimony about
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the defendant herself, and this is where the trial started
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to turn toward the question the jury actually has to answer.
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Doctor Kelly McDonough, an emergency physician at South Shore Hospital,
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testified that Clancy came in as a Level one trauma
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patient after a fall from height, breathing on her own
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at first, then intubated to protect her airway. Scans of
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her head showed nothing remarkable. She was moved to Brigham
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and Women's Hospital in Boston, where an ICU nurse testified
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that Clancy went into cardiac arrest, that the team did
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CPR and opened a massive transfusion protocol, and that it
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saved her life. By January twenty eighth, she was awake.
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She still had a breathing tube, so she communicated by
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writing on a whiteboard. She wrote that she was fused.
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She wrote that she couldn't feel her legs. The nurse
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described her as cooperative with a flat effect, and on
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February second weeks in, she wrote a question about her attorney.
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That nurse testified it was the first time Clancy referenced
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anything about the case at all. Doctor Segil Shaw, a
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psychiatrist at Brigham and Women's, testified that by January twenty ninth,
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Clancy was asking to change her health care proxy. She
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wanted it moved off her husband and onto her parents.
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Shaw testified that they did not get into why, and
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then the witness the prosecution really wanted. Doctor jillim Biswass,
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a forensic psychiatrist at Brigham and Women's who sat with
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Lindsay Clancy on January twenty sixth, twenty twenty three, less
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than forty eight hours after the killings. Biz Was testified
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that Clancy was awake and oriented intubated so she gestured
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for paper and a pen. Asked about her mood, she
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wrote one word horrified, She wrote, Do I have an attorney?
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She asked if her body was broken, She asked if
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her legs were straight. She asked where her family was
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and whether she could have visitors. And here is the
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piece the Commonwealth is going to hammer. This was testified
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that she documented that Clancy was not showing the sign
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she was screening for, not disorganized, not responding to voices,
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not paranoid, not delusional. This was testified she found Clancy
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capable of making her own decision about surgery, and that
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Clancy's answers were relevant to the questions asked. That's the
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prosecution spear. Two days after, a forensic psychiatrist looked for
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psychosis and wrote down that she didn't find it. Reddington's
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cross was the obvious one, and it landed where you'd expect.
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He got Biswis to confirm she saw Lindsay Clancy exactly once,
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for something like twenty to thirty minutes. He got her
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to acknowledge she has treated many patients who hear voices,
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including patients experiencing command hallucinations, the kind that tell you
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to do something, and he got her to say that
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the duration of a psychotic episode absolutely depends on the patient,
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which is the whole defense. In one sentence, psychosis is
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not a permanent condition. It has a beginning, and it
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has an end. And whether it had already ended by
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the afternoon of January twenty sixth in a hospital bed
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in a woman who had just been through a massive
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blood transfusion and who could only answer with a pen
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is not something One twenty minute visit settles. There is
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one more date in this case that I cannot stop
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thinking about, and it hasn't come into evidence in front
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of this jury yet. According to Clancy's own civil lawsuit,
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her psychiatrist saw her on January twenty third, twenty twenty three,
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the day before, for seventeen minutes. Seventeen minutes for a
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woman on a rotating shelf of psychiatric medications who had
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checked herself into a psychiatric hospital on New Year's Eve,
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who had been discharged from a postpartum program after a
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single day. Now, the providers who have responded to those
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lawsuits deny the allegations and dispute that she ever clearly
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told them she intended to harm the children. That is
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their right, and I am telling you their position. But
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if that seventeen minute number holds up in evidence, somebody's
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going to have a very bad day in a civil courtroom,
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and it will not be a jury of twelve deciding it.
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There's a playbook for this, by the way, not for
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the killing, for the aftermath. A system that hands out
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prescriptions faster than it hands out appointments and then acts
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stunned when the person on the other end of those
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prescriptions comes apart where the trial stands right now. Court
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was dark on Tuesday, which has been the pattern in
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this trial. Testimony is set to resume Wednesday morning in
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front of Judge William Sullivan, and the witnesses coming up
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are expected to move deeper into the mental health evidence
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at the center of the case. That means dueling experts,
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and that means this is where the verdict actually gets
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to defy. The math is stark. If the jury convicts
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on murder, Lindsey Clancy goes to prison for life with
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no parole. If the jury finds her not criminally responsible,
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she does not walk out the door. She is committed
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to a state mental health facility. Those are the two roads.
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There is no version of this where she goes home,
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and whatever that jury decides, the arithmetic that matters most
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doesn't change. Cora Clancy was five years old, Dawson Clancy
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was three, Callan Clancy was eight months old and had
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been alive for less than a year. Their mother killed them.
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Whether the law calls that murder or calls it illness,
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three children who should be seven, five and three years
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old right now are not. Someone has to say their
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names coming up. An Emmy winning actor four felony counts,
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and a grand jury that asked to hear from his
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witnesses and was told it would have to come back
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another wei. That hearing is three weeks out. Stay with me,
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welcome back. I'm Garrett Fisher. This is daily crime and justice,
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and I want to handle this next one carefully because
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it involves children, and it involves a man who has
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not been convicted of anything. Timothy Busfield, you know the face,
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even if the name takes a second Emmy winner. He
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was Elliott on thirty something. He was Danny Kohnkanon on
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the West Wing. He was Kevin Costner's brother in law
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in Field of Dreams. He has been directing and producing
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television for decades. He is married to Melissa Gilbert, who
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most of America met as Laura Ingalls on Little House
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on the Prairie. In February of this year, a grand
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jury in Bernolillo County, New Mexico, indicted Busfield on four
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counts of criminal sexual contact of a child under thirteen.
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All four are third degree felonies, each one carries up
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to six years. He pleaded not guilty on February tenth,
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and he has denied the allegations at absolutely every opportunity
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say that part again, because it matters. He has pleaded
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not guilty, He has not been convicted, and under the
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law and under the standards of this show, he is
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presumed innocent unless and until a jury says otherwise. The
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district attorney who brought the case, Sam Bregman, said that
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himself in the statement announcing the indictment. The allegations come
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out of the New Mexico set of a Fox drama
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called The Cleaning Lady, where Busfield worked as an actor,