Commonwealth v. Clancy

2383CR00198 · Plymouth Superior

Commonwealth v. Clancy, August 5, 2026

WednesdayreportedcommonwealthDay 7 of 28

A half day, scheduled as one, that finished the Commonwealth's forensic case in under three hours. The physician assistant who stitched her wrists put the cuts at three centimeters and two, said none went through into the fat, and then agreed on cross that she was critically ill and could not have walked out.

The outside toxicologist gave the jury the numbers the crime lab could not: four psychiatric medications, one of them - the antipsychotic quetiapine - about double expectation and nowhere near a suicidal concentration, and two benzodiazepines at or below what he would have expected, which is the Commonwealth's answer to the over-medication theory; on cross he agreed the numbers alone do not tell the story.

The DNA on the blue band and the basement stain came in by the parties' agreement; the analyst who testified to the rest was interrupted by an objection that her evidence was DNA gobbledygook, which was overruled.

And the family's former nanny, called 45th by the prosecution, told the jury she was a wonderful mother who loved her children, that she knew about the postpartum illness and the insomnia and the weight loss, and that she saw nothing else at all.

Key points
  • THE HALF DAY WAS PLANNED, NOT AN EARLY RISE. Judge Sullivan reminded the jury of it as they came in and Boston 25 records the session being scheduled to end around one o'clock. The previous entry in this file said court rose early because the judge had further matters to take up; no source read for this pass supports that, and it has been removed.
  • THE COMMONWEALTH'S TOXICOLOGY CASE IS THAT SHE WAS NOT OVERMEDICATED. Three of the four measured drugs were therapeutic, the fourth was about double expectation, and the two benzodiazepines came back at or below what the toxicologist expected. On the defense theory of prescribed-medication-induced psychosis, and on the Berry question of voluntary consumption, this is the Commonwealth's central forensic answer, and it came from its own expert.
  • THE ONE ELEVATED DRUG IS THE ANTIPSYCHOTIC. Quetiapine, 1,800 nanograms per milliliter on boston.com's figures, described as roughly double expectation. The Boston Globe records it having been prescribed to her for insomnia and Boston 25 that it is given to people experiencing hallucinations or altered reality. That the one out-of-range reading is the antipsychotic cuts in both directions and neither side's use of it is reported on this date.
  • AND THE SCALE MATTERS MORE THAN THE WORD ELEVATED. boston.com puts suicidal quetiapine concentrations near ten thousand nanograms per milliliter and ABC News reports the level found as about ten times below the toxic threshold. Elevated here means slightly above a therapeutic range, not near a dangerous one.
  • THE DEFENSE GOT THREE THINGS OUT OF THE COMMONWEALTH'S TOXICOLOGIST: that numbers alone do not tell the tale of a particular person; that lamotrigine, mirtazapine and trazodone were at levels consistent with taking them exactly as prescribed; and that laboratories can, rarely and in high-profile cases, be told the context of a sample before they test it.
  • NARCAN COULD NOT HAVE DONE ANYTHING. None of the drugs found works on opioid receptors. That answers, from the Commonwealth's own witness, the naloxone the Pembroke firefighter-paramedic gave her after seeing constricted pupils.
  • THE SERIOUSNESS OF THE SUICIDE ATTEMPT IS BEING FOUGHT ON WOUND DEPTH, AND THE COMMONWEALTH'S TWO MEDICAL WITNESSES DO NOT AGREE. Negri told this jury no cut on either wrist went through into the subcutaneous fat; Carpio told the same jury the day before that the report she reviewed had cuts going through skin into exposed fat. See the wrist-cut-depth entry in the evidence file.
  • AND NEGRI TREATED WHAT CARPIO SAID NEEDED NO TREATMENT. Carpio described wrist and neck cuts that required nothing further once the defendant was warmed; Negri, the next day at a different hospital, sutured the right wrist three times and the left once. No outlet read puts the two accounts to either witness.
  • ABC NEWS'S FILED STORY COUNTS THE SUTURED WOUNDS DIFFERENTLY, saying only one laceration, on the right wrist, required stitches. Three live accounts read - the Boston Globe, Boston 25 and boston.com - have a sutured wound on each wrist.
  • THE AUGUST 4 STIPULATION IS VISIBLY SAVING TIME. The blue exercise band and the basement floor stain came in by agreement, read to the jury before any DNA witness was sworn, and the Commonwealth needed a single analyst for the rest.
  • THE ONE PLACE THE DNA IS NOT CLEAN IS THE MIDDLE OF THE YELLOW BAND. The Boston Globe reports Dawson, Callan and Patrick Clancy all appearing as inclusions, with the qualification that under the stated assumptions they cannot be in the mixture together because relatives share DNA. Boston 25 and CBS Boston report the same evidence as a clean one-child-per-band match. A reader taking the simple mapping away from those two outlets is taking away more certainty than the Globe's account supports.
  • THE DEFENSE OBJECTED TO THE DNA EVIDENCE AS POINTLESS, NOT AS WRONG. Reddington's ground was that both sides had already agreed whose DNA was on the bands. It was overruled. His position throughout has been that the defense does not contest who did it.
  • THE NANNY WAS CALLED BY THE PROSECUTION AND GAVE THE DEFENSE ITS PICTURE OF THE HOUSEHOLD. A mother who was open about being ill, seeing doctors, medicated, sleeping in the basement and losing weight, and who was at the same time attentive enough about her baby's routine to leave written instructions every day. The Commonwealth's use of those instructions as a sign of a controlling woman was rejected twice by its own witness.
  • AND SHE ALSO GAVE THE COMMONWEALTH SOMETHING REAL. She saw no change in the defendant's demeanor or presentation, was never told about intrusive thoughts or self-harm, and knew nothing of the emergency room visits. On the Commonwealth's case that is a witness in the house three days a week who saw a functioning woman; on the defense's it is a witness who was never told what was happening.
  • THE WITNESS NUMBERING IS INTERNALLY CONSISTENT FOR ONCE. East Idaho News records forty Commonwealth witnesses before the day started and CBS Boston numbers Rossi the forty-fifth, which is exactly right if Negri, Roberts, Brower, Stashyn and Rossi are numbers forty-one to forty-five.
  • WHAT NOBODY EXPLAINED. The sidebar before the jury came in, the ground of the objection to the bottle video and what was decided about it, what was said at the sidebar after the gobbledygook objection, and why Judge Sullivan stopped the toxicologist's evidence for twenty minutes at about 10:12.
  • CONTEXT FROM THE DAY BEFORE. On August 4 the defendant addressed the court for the first time and stipulated to the Commonwealth's chain-of-custody, blood, DNA and exercise-band evidence.

Witnesses (5)

Eitan NegriCommonwealth09:25
Physician assistant at Brigham and Women's Hospital in January 2023, since gone from the hospital; Boston 25 says he now works in New York. ABC News renders his title physician associate and his first name Etan.
Direct: ADA Shanan Buckingham (CBS Boston, boston.com). Cross: Reddington
  • WHAT HE DID. He examined and assessed the defendant at Brigham and Women's on January 25, 2023, the day after the killings, found multiple injuries including lacerations to both wrists, and performed the laceration repair (Boston Globe, Boston 25, East Idaho News).
  • THE NECK CUTS WERE SUPERFICIAL and he did not repair them (Boston Globe; ABC News carries the same characterization).
  • NO ACTIVE BLEEDING. Asked by ADA Buckingham whether he observed any active bleeding, he said no; the Boston Globe records that the wrists had been dressed and covered before he saw them (CBS Boston, Boston Globe).
  • THE RIGHT WRIST. Several lacerations, one of them deep enough to require suturing at about three centimeters, closed with three sutures. The others were cleaned and dressed, or closed with tape (Boston Globe, Boston 25, boston.com).
  • THE LEFT WRIST. A single similar but shorter linear laceration, about two centimeters, closed with one suture (Boston Globe, Boston 25, boston.com).
  • A DEPTH FINDING THAT CONFLICTS WITH THE DAY BEFORE. The Boston Globe records him telling the jury that no cut on either wrist penetrated into the subcutaneous fatty tissue. Dr. Cristina Carpio testified on August 4 that the report she reviewed described cuts going through skin into exposed fat. See the wrist-cut-depth entry in the evidence file.
  • ON CROSS, THAT SHE COULD NOT HAVE WALKED OUT. Reddington put it to him that he was not suggesting for a moment that the defendant could have got up and walked out of the hospital after his stitches; he said no, sir. Asked whether she was critically ill when he saw her, he said yes, sir (boston.com; CBS Boston and the Boston Globe carry the critically-ill concession; Boston 25 compresses the two questions into a single answer).
  • ON CROSS, A DEEPER FIGURE THAN HIS OWN. Against the three-centimeter notation for the right wrist, he agreed with another clinician's notation of three and a half centimeters (Boston Globe, CBS Boston).
  • ON CROSS, WHAT HE WAS NOT PART OF. He had no involvement in the massive transfusion or in the breathing tube. THE OUTLETS DIFFER ON THE CARDIAC ARREST: the Boston Globe records that he was not present when she coded, while Boston 25 records him assisting with the placement of an abdominal tube to drain fluid when she coded at the hospital. Both are recorded; neither is resolved here.
  • ON REDIRECT, WHAT DEEP MEANS IN A MEDICAL NOTE. The Boston Globe records him clarifying that deep describes direction - downward into the skin rather than across the surface - and is an objective unit of measure. boston.com attributes the drawing out of the same point, that deep meant penetration rather than a severity assessment, to ADA Buckingham.
  • ABC NEWS'S FILED ACCOUNT DIFFERS ON THE COUNT, saying only one laceration, on the right wrist, required sutures and that it was about three centimeters deep. Three live accounts read have a sutured wound on each wrist. ABC also notes he did not address her spinal injuries.
Nicholas RobertsCommonwealth09:44
Forensic scientist, formerly of the toxicology unit at the Massachusetts State Police Crime Laboratory.
Direct: Not reported which prosecutor examined him. Cross: Reddington
  • WHAT WAS SCREENED. Blood, plasma and urine drawn from the defendant were screened in his unit; Boston 25 records that the sample was taken shortly after the killings (Boston Globe, Boston 25).
  • ALCOHOL NEGATIVE, BENZODIAZEPINES POSITIVE, in both blood and urine (Boston Globe, Boston 25, East Idaho News). boston.com adds that she was negative for marijuana as well.
  • HOW MANY BENZODIAZEPINES. The Boston Globe records him saying at least four or five and naming each; Boston 25 lists five - diazepam, nordiazepam, oxazepam, temazepam and lorazepam. Asked whether anything about the levels stood out, he said they were reportable.
  • WHAT THE SCREEN COULD NOT SAY. Boston 25 records that the initial testing could not determine whether the five benzodiazepines came from a single prescription or from several. This file's case reference carries the point that nordiazepam, oxazepam and temazepam are metabolites of diazepam, so that five detections are not five medications; that relationship was put to this jury by Hilary Griffiths on August 4, and no outlet read for August 5 attributes it to this witness.
  • THE OTHER DRUGS. He listed further prescription drugs detected, told the jury that benzodiazepines tend to be central nervous system depressants, and said one of the substances found is typically used to treat bipolar disorder and schizophrenia (Boston Globe).
  • ON CROSS, THE QUANTITY POINT. Reddington asked whether that was a large amount of drugs. Roberts answered that he had seen more, but agreed there were quite a few (Boston 25, Boston Globe, boston.com). He confirmed there was no marijuana in the blood and stepped down.
Dr. Justin BrowerCommonwealth10:03
Forensic toxicologist, NMS Laboratories, the private Pennsylvania laboratory the crime lab sends samples to for quantification. Boston 25 records his evidence that NMS performs roughly half of all post-mortem toxicology testing in the United States; the Boston Globe describes it only as a private company in Pennsylvania.
Direct: ADA Shanan Buckingham (boston.com). Cross: Reddington
  • WHAT NMS WAS ASKED TO DO. Prosecutors asked the laboratory to measure four specific prescription psychiatric medications in the defendant's blood (Boston Globe, East Idaho News).
  • THE FOUR NUMBERS. boston.com is the only outlet read that published them: lamotrigine 6.1 micrograms per milliliter, mirtazapine 200 nanograms per milliliter, quetiapine 1,800 nanograms per milliliter, trazodone 0.44 micrograms per milliliter.
  • ONLY ONE ABOVE RANGE. Asked by ADA Buckingham whether any of the levels exceeded the therapeutic range, he identified only the quetiapine, and only as slightly elevated - high to him, about double what one might expect, but not a toxic and not a lethal level (boston.com, Boston 25, Boston Globe, TMZ).
  • WHAT A DANGEROUS LEVEL WOULD LOOK LIKE. boston.com records him putting suicidal quetiapine concentrations in the region of ten thousand nanograms per milliliter; ABC News renders the same point as the level found being about ten times less than the level considered toxic. East Idaho News and the Boston Globe carry it as a drug that would have to be at significantly higher levels to reach a dangerous threshold.
  • THE OTHER THREE WERE THERAPEUTIC. Lamotrigine, mirtazapine and trazodone (Boston 25, boston.com, Boston Globe).
  • THE BENZODIAZEPINES CAME BACK LOW. boston.com has diazepam at a sub-therapeutic concentration and lorazepam therapeutic or slightly lower; Boston 25 has the benzodiazepines at therapeutic levels with diazepam and lorazepam lower than expected. The Boston Globe records one drug as sub-therapeutic without naming it.
  • NOT AN OVERDOSE. His summary, carried by every outlet read: people trying to harm themselves and take their own life usually take handfuls of pills, and this was not consistent with that.
  • COULD THESE HAVE STOPPED HER BREATHING. The Boston Globe records him agreeing that some of the drugs can cause lethargy or reduce respiration. Asked whether anything about the concentrations suggested the person could have stopped breathing as a result, he said not necessarily, adding that he would need more information about her overall condition (ABC News, Boston Globe).
  • THE NARCAN POINT. None of the drugs detected acts on opioid receptors, so naloxone would have had nothing to work on. boston.com ties this to the Pembroke firefighter-paramedic Robert Costanzo, who testified earlier in the trial that he administered Narcan after seeing her constricted pupils.
  • WHAT QUETIAPINE IS FOR. Boston 25 records his evidence that it is given to people experiencing hallucinations or an altered reality; the Boston Globe describes it in this case as an antipsychotic prescribed for insomnia; TMZ has it as a drug for schizophrenia, bipolar disorder and major depressive disorder.
  • ON CROSS, THE NUMBERS DO NOT TELL THE STORY. Reddington put it to him that the numbers alone do not tell the tale of what happened to a particular individual; he agreed, saying they do not tell the entire story (ABC News, CBS Boston, boston.com, East Idaho News, Boston Globe).
  • ON CROSS, CONSISTENT WITH TAKING THEM AS PRESCRIBED. The Boston Globe and boston.com record him agreeing that the anti-seizure drug also used for bipolar disorder sat right in the middle of its therapeutic range, and that the mirtazapine and trazodone readings indicated appropriate use.
  • ON CROSS, THE POSSIBILITY OF CONTEXT BIAS. boston.com alone records Reddington raising that whoever performed the testing could have been told the blood came from a woman who had jumped from a window and attempted self-harm. Brower allowed that it was possible and that it does happen, in rare occasions, in high-profile cases.
  • HOW HE LEFT THE STAND. The Boston Globe records him asking Judge Sullivan whether he was released.
Katarina StashynCommonwealth11:00
DNA analyst, formerly of the Massachusetts State Police Crime Laboratory DNA unit.
Direct: ADA Jennifer Sprague (boston.com). Cross: No cross-examination is reported by any outlet read. The contested exchange during her evidence was a defense objection during the Commonwealth's direct.
  • THE ENDS OF THE YELLOW BAND. Swabs from both ends gave a mixture including male DNA, with Dawson Clancy one contributor along with two unknown individuals (Boston Globe).
  • THE MIDDLE OF THE YELLOW BAND, REPORTED TWO WAYS. The Boston Globe has Dawson appearing to contribute to the profile with Callan and Patrick Clancy also included, and then the qualification that under the stated assumptions those individuals cannot be present in the mixture together, because relatives share a great deal of DNA. Boston 25 and CBS Boston report the same evidence as a straightforward match of the middle of each band to one child. See the band-dna-yellow entry in the evidence file.
  • THE BLACK BAND. A complex mixture of three contributors, with Cora Clancy appearing as one of them on strong support (Boston Globe).
  • THE MAPPING AS BOSTON 25 AND CBS BOSTON GIVE IT. Dawson to the yellow band, Cora to the black band, Callan to the blue band, matched from the middle of each. Boston 25 adds the defense point that this was technically complicated because the whole family had handled the bands.
  • THE SHINGLES. She reviewed the DNA from the shingles on the exterior of the house below the second-floor bedroom window; the defendant appeared to be the sole contributor (Boston Globe, Boston 25). This bears on the unresolved shingle-blood-results entry in the evidence file, which records the Boston Globe and Boston 25 giving opposite accounts of whether the June 15, 2023 shingle samples tested positive for blood at all.
  • WHAT THE JURY WAS BEING ASKED TO UNDERSTAND. boston.com records ADA Sprague asking her to explain what a nonillion is and to estimate the number of people on earth, which is what drew the defense objection.
Elaine RossiCommonwealth11:29
The family's former part-time nanny, of Kingston, a nanny of fifteen years. CBS Boston numbers her the Commonwealth's 45th witness.
Direct: ADA Shanan Buckingham (WJAR, Boston 25). Cross: Reddington
  • HOW SHE WAS HIRED. She answered a Facebook post the defendant placed in July 2022 looking for part-time childcare (CBS Boston, Boston Globe; Boston 25 calls it a classified advertisement). She first met the family in their backyard, meeting both parents and all three children, held Callan briefly and played with the older two (Boston Globe).
  • THE JOB. She began in September 2022, three days a week - Mondays, Tuesdays and Thursdays on the Boston Globe's account - from 8:30 a.m. to 1:30 p.m. The understanding was that her main role would be caring for Callan once the defendant returned to work in November. She also did food preparation, light housekeeping and laundry. Cora and Dawson were usually at school during her hours; she watched all three once. The children called her Lainey (Boston Globe, CBS Boston, boston.com).
  • THE NOTEBOOK. She and the defendant communicated by text message and through a notebook left in the kitchen with the day's instructions for Callan - sleep, food, schedule. She agreed with ADA Buckingham that the defendant was very particular about the baby's routine; boston.com renders it as meticulous about the infant's routine.
  • WHAT SHE WAS TOLD ABOUT THE ILLNESS. The defendant shared with her that she was suffering from postpartum, and that she was seeing doctors. She saw prescription bottles around the house; the Boston Globe places the medications in a kitchen cabinet. The defendant told her she would stop nursing Callan because she was about to start a new medication (CBS Boston, boston.com, Boston 25, Associated Press, Boston Globe).
  • WHAT SHE SAW. Trouble sleeping, and the defendant having moved down to sleep in the basement. Significant weight loss, which Rossi remarked on to her. Beyond that, no change at all in her demeanor or presentation around the house (Boston Globe, Associated Press, Fox News, WJAR).
  • HOW LITTLE SHE UNDERSTOOD OF IT. WJAR records her telling the jury she did not really know much about postpartum illness, but that she would always ask how the defendant was feeling or how she was doing.
  • WHAT SHE DID NOT KNOW. She did not know about the emergency room visits or about the suicidal thinking (WJAR). She did not recall seeing the defendant exercising in the basement, and she was not aware that the return-to-work date had moved from October to November 2022 (Boston Globe).
  • NO CONCERN ABOUT THE CHILDREN. Asked by ADA Buckingham whether she had concerns about the defendant's interactions with the children, she said none at all, she was a wonderful mom; asked whether she ever had any concern that the children were not safe, she said no (CBS Boston, WJAR, Boston 25).
  • THE CHILDREN AS SHE DESCRIBED THEM. Cora was very sweet and loved arts and crafts - a girly-girl in the Associated Press's rendering. Dawson was full of energy, rambunctious, funny, silly, and no trouble to look after. Callan was the happiest, sweetest, easiest baby, and just a love (ABC News, CBS Boston, Associated Press, boston.com).
  • ON CROSS, THE CONTROLLING SUGGESTION REJECTED. Reddington asked whether she found the detailed instructions overbearing, or an attempt to exert control over her; not at all, to both. She rejected the same suggestion about the instructions for preparing food and cutting vegetables (WJAR, boston.com, Boston 25, Boston Globe). Boston 25's filed story and WJAR both describe the Commonwealth's direct examination as having offered the instructions as evidence that the defendant was controlling and manipulative.
  • ON CROSS, WHAT SHE TOLD THE STATE POLICE. The Boston Globe dates the interview March 1, 2023. She told the troopers, and repeated to the jury, that she observed a wonderful mom who loved her kids, who was very concerned about their safety and about Callan's eating and sleeping, and who was a wonderful mother (Associated Press, CBS Boston, ABC News, Boston 25).
  • ON CROSS, WHETHER SHE LOVED HER. Reddington asked whether she remembered telling police that she loved her Lindsay. She asked back whether she loved Lindsay, and then answered that she did love Lindsay, yes (CBS Boston, WJAR, Boston Globe).
  • ON CROSS, THAT THE RELATIONSHIP SURVIVED THE JOB. She said she left on wonderful terms, that they stayed in contact afterward and exchanged holiday greetings, and that she went on sending videos of the children, for which the defendant was always appreciative (Boston Globe, Boston 25).
  • THE DENIAL THE COMMONWEALTH WANTED BACK. Asked whether the defendant had ever spoken to her about intrusive thoughts or about thoughts of harming herself, she said no. Boston 25 and East Idaho News place this on redirect examination; WJAR attributes the question to ADA Buckingham; the Boston Globe groups the same denial with Reddington's questioning.
  • HOW THE JOB ENDED, REPORTED FOUR WAYS. boston.com: she arrived after Thanksgiving 2022 expecting the defendant to be resting after a labor and delivery shift at Massachusetts General Hospital, found her in the kitchen, and was told she would not be returning to work. East Idaho News: Patrick and Lindsay Clancy came in from a walk and told her together that they were letting her go because Lindsay was not going back to work and would be home with the children. Boston Globe: the defendant said after Thanksgiving that she would not return, and shortly afterward both parents told Rossi they would provide the childcare themselves. Associated Press: Rossi said she was not told why the defendant chose to stay home. CBS Boston and the Boston Globe end the employment in early December 2022; Boston 25's filed story describes the period as September through Thanksgiving.
  • NO SAFETY CONCERNS AT ANY POINT in the whole engagement (CBS Boston, Boston Globe, Boston 25, Fox News).

Exhibits and evidence

Rulings and objections

Procedural