The Lindsay Clancy Defense Is Almost Done, Karmelo Anthony's Trial Judge Removed, and Detective Who Heard Keffe D Say 'We Did the Other One'

0:03 Kalaroga Shark Media. Good morning. This is Daily Crime Injustice from Calaroga Shark Media powered by AI. I'm Garrett Fisher and it is Friday, August twenty first, twenty twenty six. Three courtrooms today, and all three of them are at a Hinge Point in Plymouth, Massachusetts. The defense in the Lindsay Clancy case is down to its last witnesses, which means we are days away from a jury deciding whether a woman who killed her three children is criminally responsible for it. In Las Vegas, prosecutors spent Wednesday putting cops on the stand to say Dwayne Davis told them he was involved in the murder of Tupac Shakur years before he ever told a publisher. And in Collin County, Texas, the judge who ran the Carmelo anthony trial has been thrown off the case. And I want to be careful with you about what that does.

0:57 And does not mean. Let's go to Plymouth. We are in the fourth week of testimony in the murder trial of Lindsay Clancy. And if you are new to the show, here is the whole thing in about thirty seconds. On the evening of January twenty fourth, twenty twenty three, in a house on Summer Street in Duxbury, Massachusetts, Lindsay Clancy strangled her three children with exercise bands while her husband. Was out picking up takeout and a prescription. Cora was five, Dawson was three, Callen was eight months old. She then cut herself and went out a second story window. She survived, and she has been paralyzed from the chest down ever since. She has pleaded not guilty to three counts of first degree murder. Her lawyer, Kevin Reddington, does not dispute that she did it. What he disputes is whether she is legally responsible and under Massachusetts law that puts the burden on the commonwealth to prove she was of sound enough mind to be held responsible. That is the whole case, not what happened why. The centerpiece of the defense has been a psychologist named Paul Zizel, and Wednesday was his last day on the stand. He has met with Lindsay Clancy roughly sixty times in the three years since she was arrested. He is the one who told the jury she had bipolar disorder with postpartum psychosis that she could not conform her conduct to the law, and that she had no appreciation for the wrongfulness of what she did. Those are not casual words. Those are

2:28 the exact legal boxes and insanity defense has to check, and he checked all of them out loud. So on Wednesday, Prosecutor Shannon Buckingham went after him, and the cross examination was smart because it did not try to prove that Lindsay Clancy was fine. Nobody in that courtroom is arguing she was fine. The prosecution's argument is narrower and I think more dangerous for the defense. Their argument is that being sick and being responsible are not mutually exclusive. Here is how that played out. Zizel had testified that in early February of twenty twenty three, he went to see Clancy at Brigham and Women's Hospital under a court order because at that point nobody was allowed in to see her, not family, not friends, not a priest. She was in a hospital bed, wired up with a handcuff on her right wrist, and she asked to borrow his phone to call her husband. She gave him the number from memory. Patrick did not pick up, so she left a voicemail. Two days later, Zeizel came back.

3:29 She asked to try again, and this time Patrick answered, She told him she loved him, and then, according to Zeizel, she told him she had heard a man's voice ordering her, telling her she had no choice, that she had to kill her children and then kill herself. The prosecution's move was to take that scene and turn it around. If she could pull her husband's phone number out of her own head from a hospital bed, if she could hold a conversation, if she could remember what she had done, then what exactly was broken a. Zayzel's answer was that psychosis is not a light switch. He told the jury that hallucinations come and go like waves at a beach, and that somebody in the grip of postpartum psychosis can still do ordinary things make a phone call, drive a car, take a kid to the doctor, which is exactly what Lindsey Clancy did on the last day of her children's lives. Look, I'm going to be honest with you. This is the argument that decides this case, and it is not an easy one for either side. The prosecution has spent weeks showing this jury a woman who searched things on her phone, who timed how long her husband would be gone, who was functional enough to move through an ordinary Tuesday. And the defense answer is that all of that is compatible with being psychotic, because psychosis does not politely announce itself and clear your calendar. Zezel also told the jury something that cuts against the state's theory in a different way.

4:54 He said psychological testing administered by a doctor working for the government found no evidence that she would faking or exaggerating symptoms, and he said that before the killings, she described having horrible thoughts and believed those thoughts were so loud that strangers around her could hear them. The prosecution's other angle was the expert himself. Buckingham asked Zeisel whether he had ever spent as much time with a defendant he was evaluating for criminal responsibility. He said that in his entire career as a defense expert, there had been exactly one other person. The word the prosecution was reaching for is confirmation bias. Sixty visits, three years a relationship, At what point does the evaluator stop evaluating and start advocating.

5:42 That is a fair question, and it gets asked of every expert in every insanity case in America. The defense has an answer for it. On redirect Reddington went back to the records from Tewksbury Hospital, where Clancy has been held since twenty twenty three, and pulled out the parts the prosecution had not read aloud. Zeizel told the jury she is well regarded on the unit, that she has bad days and worst days, and that she talks about her children, that she loves them and misses them and thinks about them almost every moment of every day. That testimony is not evidence of anything legal. Grief after the fact is not a defense, and it is not proof of guilt either.

6:24 What it is is the. First time this jury heard how the woman at the defense table feels now about the three children she killed and juries are. Human they notice. Then Wednesday got strange twice. First, there was a fight about a witness the defense wanted and did not get. Her name is Emily Thorndyke. She is a licensed clinical social worker who worked at McLain Hospital, the psychiatric facility where Lindsey Clancy was treated. In late twenty twenty two. She had been watching the trial, and she posted a video on TikTok pushing back on what prosecutors were telling the jury about staffing levels at McLain. The defense wanted her on the stand. Judge William Sullivan sent the jury out and listened to her himself. Then he ruled she could not testify. And that ruling is correct. And here is why Thorndyke left McLain in twenty twenty one. Lindsey Clancy did not get there until late twenty twenty two.

7:18 Whatever she believes about that place, she was not there for the part that matters. But watch what the judge did next, because this got lost in the noise. He let the McClain staffing records into evidence. So the underlying point the defense wanted that the hospital may have been thin on staff when Clancy was there is in front of the jury. Anyway, it came in on paper instead of threw a person with a TikTok account. The evidence got in the influencer did not. That is a judge doing his job. The second strange thing happened right after lunch. Court was supposed to resume around two fifteen. Instead, Sullivan called the lawyers to sidebar, then came back and told the jury they were going home. He said it was due to an unforeseen circumstance. He told them this was not something anybody saw coming, that they were not to speculate about it, and that they were not to hold it against either side. He said the case was still on schedule, and then everybody went home. No explanation, not to the jury, not to the press, not to anybody.

8:19 I have no idea what that was, and I am not going to pretend I do. In a trial where the defendant needs a medical transport van and round the clock supervision, there are about forty ordinary things that can go sideways in an afternoon. What I will tell you is that the judge said the schedule holds, and the schedule is the thing to watch now, because here is where this trial actually stands. The defense was expected to call one more witness and then it may rest. After that the prosecution gets rebuttal, and rebuttal here means their own mental health experts telling this jury a different story about the same woman. Reddington has said publicly that closes arguments could start as early as Monday, and that each side would get thirty minutes thirty minutes, four weeks of testimony, seventy something witnesses for the state alone, and it comes down to thirty minutes aside, and then eighteen people carrying it into a room. Cora Clancy, Dawson Clancy, Callan Clancy, five three and eight months old. Everything in that courtroom is an argument about their mother. Somebody has to say their name. Now to Las Vegas, where the trial of Dwayne Davis is in its first full week of testimony, and prosecutors have started calling the people who heard it first quick reset. Davis is sixty three. He is charged

9:52 with murder with a deadly weapon with an enhancement for allegedly acting to promote a criminal gang. He has pleaded not guilt. He is not accused of pulling the trigger. The States theory is that he was the one who bought the gun and handed it into the backseat of a white Cadillac on the night of September seventh, nineteen ninety six, and that the man who fired it was his nephew, Orlando Anderson. Everyone else in that car is dead. Anderson was killed in an unrelated shooting in nineteen ninety eight. He was twenty three, and he was never charged in Tupac Shakur's death. Tuesday belonged to James MacDonald, known as Mob James, who ran security for Suge Knight and death Row record, and he did not want to be there.

10:36 He testified under court order, told the room that people have not talked about that night in thirty years and today was not going to be the day, and declared himself hostile. When Davis's attorney, Michael Samft kept pressing him about the aftermath in Compton, McDonald told him he did not want to send him to prison. Then he looked past the lawyer at the defendant and told Davis to talk to his own attorney. There is a playbook for this. A witness who will describe the politics and the record labels, but not what he actually saw is not new. What McDonald did do was knocked down one of the internet's favorite theories about this case, the one that says death Row's own head of security orchestrated the killing. His answer was blunt and practical. Tupac was the money killed Tupac, and there is no death Row. Wednesday was a half day, and it was the day this case stopped being about atmosphere and started being about Dwayne Davis's mouth. The first witness was Wade Lee, a former FBI special agent who worked gangs in south central Los Angeles. Lee testified that he arrested Davis for drug trafficking in the late nineteen nineties, that he was investigating gangs rather than the Shakur murder, and that he interviewed Davis twice off the record, and in those conversations, according to Lee, Davis denied everything, said he did not know who killed Tupac. Shakur said he and Anderson were anger after the casino fight, but were not about to do anything with that many police around.

12:05 He also pointed the agent toward people from New York, which is an accusation about living people that has never been charged and that we are not going to repeat on this show. Then came Darren Dupree, a former Los Angeles police detective, and Dupree is the reason Wednesday mattered. In two thousand and eight, Dupree was working a task force on a completely different unsolved murder, that of Christopher Wallace, the notorious Big who was shot in Los Angeles in nineteen ninety seven. Davis was a person of interest in that case, partly because he drove the same kind of car the shooter had been in, so they brought him in for what is called a profit session, which is an off the record conversation between investigators and a suspect that can become the basis for a deal later on.

12:51 And in that room, according to Dupree, Davis denied having anything to do with the Wallace killing. He said, they did not have anything to do with that. One on the investigators caught the word that one. What do you mean that one? And dupre testified that Davis answered, we did the other one. Dupre told the jury there was only one other one. From there, According to the detective, Davis laid out a version of the night that lines up with what he would put in a book. Eleven years later, four men in the cadillac, Davis handed the gun toward the back seat. The man he handed it to was afraid to fire, and. Anderson reached over him, took it and shot across him.

13:32 The prosecutor asked Duprex whether he had any reason to doubt the story, and Dupree's answer was the strongest thing the state is put in front of this jury so far. He said he did not believe Davis was lying because Davis was putting the gun in his own nephew's hand in that neighborhood Dupree said, Orlando Anderson was the prince, his family loved him. You do not hang a murder on your own nephew for fun. That is not forensic evidence. There is no gun, no DNA, no eyewitness in that cadillac who is still breathing. This is a case built on what a man said repeatedly to different people over about fifteen years, and whether you believe he meant it, which is exactly where the defense lives. Soft told the jury in his opening that his client was known to make things up, that the memoir was fiction, that the interviews were a hustle, and he asked what facts actually put Keffi d in a car in Las Vegas that night.

14:29 That is a real argument. It is also an argument that requires a jury to believe a man confessed to orchestrating one of the most famous murders in American history repeatedly to cops and to federal agents, and to a publisher and to a camera and meant none of it. I will say this plainly. If the defense is right, then Dwayne Davis spent twenty years selling the story of a murder he did not commit, using a dead kid's name to move copies. That is the most generous version of his own case. That is what winning looks like here. There is more coming. The witness list still includes Suge Knight, who is currently serving twenty eight years for voluntary manslaughter and who is publicly indicated he will not be helpful, and Nevada's current governor, Joe Lombardo, who was the sheriff in Las Vegas when this case was revived. This trial is expected to run about another month. Tupac Shakur was twenty five years old.

15:24 He was shot on the Las Vegas Strip on September seventh, nineteen ninety six, and he died six days later. Nobody was ever charged for thirty years. Somebody has to say his name. Our third story today, and this one has been running in the background of this show since the spring. On June ninth of this year, a Collin County jury convicted nineteen year old Carmelo Anthony of murder for stabbing seventeen year old Austin Metcalf in the chest at a high school track meet in Frisco, Texas, in April of last year. Both of them were seventeen when it happened.

16:08 The jury took about three hours. It rejected the lesser option of manslaughter. Then it rejected the argument that he acted in sudden passion, which would have opened the door to a much lighter sentence, and it gave him thirty five years. In July, Anthony's new legal team, working without pay and led by a Dallas attorney named Russell Wilson, filed two motions. One asked for a new trial, the other asked the trial judge John Roach Junior to step aside from ruling on it. On Wednesday, they won the second one. The hearing was handled by a visiting judge Sid Harley out of San Antonio, who runs the fourth Administrative Judicial Region and who most recently presided over the Uvalde School shooting prosecution, and the defense opened by hitting play on an eighteen minute interview that Judge Roach gave to a Dallas television station after the verdict came in.

17:02 In that interview, Roach was asked whether the jury got it right. He said, whatever they say, they got it right. He described Anthony as a nice young man who committed a crime who now understands the consequences. He defended his own courtroom rules, and he said he was irritated about AI generated images circulating as though they were shot inside his courtroom, when no cameras were ever allowed in the defense's argument was simple, You cannot go on television and endorse a verdict while a motion attacking that verdict is sitting on your desk. And here is where Judge Harley was careful in a way I want you to hear, because the headlines flattened it. Harley said he did not know Roach. He said recusal is a very high bar. He said he.

17:46 Did not find that Roach violated the rules of judicial conduct, and he said he personally believed Roach could rule fairly on the motion. And then he said that is not the test. The test is whether a reasonable member of the public, looking at all of it from the outside, could question the judges in partiality under that standard, and only that standard. He granted the recusal. Prosecutor Bill Wirsky pushed back hard. He argued that Roach did nothing wrong, that the people who actually lived through that trial know it was run properly, and he put a good chunk of the blame for the atmosphere around this case on online influencers. He also said something worth remembering that both sides in this case have received death threats. By Wednesday afternoon, a retired Kaufman County judge named Michael Chitty had been assigned to take over, and he took the bench Thursday morning at nine to hear the motion for a new trial itself. Now I need to be clear about what that motion is, because it is being wildly misreported. It does not argue that Carmelo Anthony is innocent. It does not ask anybody to let him out. He is in the custody of the Texas Department of Criminal Justice serving thirty five years, and nothing that happened this week changed that by a single day. What it argues is that the trial was run in a way that violated his constitutional rights three grounds. One that the courtroom was effectively closed to the public, that seating was severely limited, and that an overflow room was shut down once testimony began.

19:17 Two that prosecutors backed out of an off the record agreement about what character evidence would stay out, and that when it collapsed, Anthony was effectively forced into giving up his right to take the stand and tell the jury he acted in self defense. And three that the jury instructions made it hard for jurors to reach self defense at all. Those are process arguments, every one of them. And process is how convictions actually get overturned in this country. When they get overturned at all, which is rarely. The recusal ruling produced cheering in a courthouse hallway and chanting in a parking lot. And I think that is because a lot of people heard the word removed.

19:57 And thought it meant something. It does not mean. An appellate lawyer in Dallas put it about as well as it can be put. You do not see this often, and you do not see it granted often, but it does not mean he has won anything. The new judge inherits a jury verdict, and a jury verdict is a heavy thing to move. There is a second reason this case runs so hot, and I am not going to pretend it away. Carmelo Anthony is black. Austin Metcalf was white. This case became a national argument about race within about forty eight hours of the stabbing on both sides, most of it conducted by people who were not in Frisco, Texas and who never met either kid. Attorneys on both sides told that jury the case was not about race.

20:41 The jury deliberated for three hours whatever you think about the verdict, that is what happened inside the room. And Austin Metcalf's father has been talking publicly again this week. He has said the ruling reopened a wound that it started to close, and that his focus is the foundation he started in his son's name and the work of keeping other parents out of the chair he is sitting in. That is the part that does not move. There are motions and hearings and new judges, and there will be an appeal after this, and probably an appeal after that. Accountability doesn't have a legal department. It has a courtroom and a docket and a family that has to show up every time. Austin Metcalf was seventeen years old. He died under a tent at a track meet in the rain in his twin brother's arms.

21:27 Hunter Metcalf was there. Somebody has to say his name. That's the show for Friday. If this one gave you something you didn't have this morning, do me a favor and send it to one person. Text the link, say the name of the show out loud to somebody who likes this stuff. That is how this thing grows, and it is the only advertising we have got, and if you're listening on Spotify, drop a comment. I want to know what you make of that thirty minutes aside in Plymouth, because I've been chewing on it all week. Whether that is enough time to hand a jury a case this size. YouTube comments work too, I read them. We'll be back Monday, and by then the Clancy defense should have rested. We should know what came out of Thursday and Friday in Las Vegas, and we should have a ruling out of Colin County, Cora Dawson and Callan Clancy, Tupac Shakur, Austin Metcalf do better now the disclaimer, and there is a fair amount of it today.

22:28 Everything in this episode comes from court proceedings, court filings, and reporting by outlets covering these cases directly, including Court TV, the Associated Press, Courthouse News Service, Boston twenty five News, The Boston Globe, CBS News, CNN, NPR, PBS, WBUR, NBC five, Dallas Fort Worth, k r A, the Dallas Morning News, the Las Vegas Review Journal, and Las Vegas television stations. Testimony just described here is what a witness said under oath. It is not a finding of fact. Juries decide what testimony is worth. Reporters don't, and neither do I. On the Clancy case, Lindsay Clancy has pleaded not guilty and her defense's lack of criminal responsibility. She has admitted through counsel that she killed her children. The dispute is her mental state. Outlets have reported her age inconsistently through this trial as thirty five and as thirty six, and some have listed Callan Clancy as seven months old, while the court record and most reporting say eight months. We use thirty six and eight months. Doctor Paul Zeisel is an expert retained by the defense, and the prosecution is expected to call its own mental health experts in rebuttal, so the jury has not heard the other half of this argument yet. The number of times he met with Clancy has been reported as roughly sixty and as dozens, and we use the higher figure. Thursday session in Plymouth was still underway when this episode was recorded, so anything from

23:59 Thirdursday or Friday comes to you Monday. The suggestion that closing arguments could begin Monday comes from Defense council. Speaking to a newspaper. It is not a court order and it can move and judge Sullivan gave no reason for Wednesday's early adjournment, so anyone telling you what it was, including me. Is guessing. On the Las Vegas case, Dwayne Davis has pleaded not guilty and is presumed innocent. He is not charged with firing the shots. The statements attributed to him in that courtroom come from investigators describing conversations from two thousand and eight and from the late nineteen nineties. And those profer sessions were. By their nature, off the record, so what the jury is hearing is a former officer's account of them and not a recording. Davis's defense maintains that his memoir and his interviews were fabricated for money and attention. Accounts still differ on how many shots struck Tupac Shakur and on who fired them, and nobody has ever.

24:56 Been charged with pulling that trigger. Orlando Anderson was never charged and died in nineteen ninety eight. We have not repeated the uncharged allegations Davis made about living people in his book or in those interviews, and we are not going to. On the Texas case, Carmelo Anthony's conviction and thirty five year sentence stand as of this recording. The motion heard Thursday does not claim he is innocent. It claims his trial was constitutionally defective. The hearing before Judge Chitty was still in progress when we recorded, so if a ruling came down after that, the number we could not give you is now public and you should check the latest. The off the record evidentiary agreement described in that motion is again off the record, which means it is characterized in filings and by legal analysts rather than sitting in a transcript. Comments attributed to Austin Metcalf's father this week come from an interview he gave to a tabloid outlet, So we have described the substance of what he said rather than quoting him, and we would treat the exact wording with care. This case has been argued in racial terms online for well over a year.

26:05 We have reported what was argued and decided inside the courtroom, where attorneys on both sides told the jury. The case was not about race. We're a podcast, not a courtroom. This is commentary, not legal fact, and when we get something wrong, we correct it on air. This is Daily Crime and Justice. I'm Garrett Fisher,