Commonwealth v. Clancy, August 26, 2026
The Commonwealth's last witness finished, the prosecution rested and the evidence in the trial closed shortly after one o'clock. Dr. Gregory Saathoff gave the jury the opinion the rebuttal was built toward — that the defendant was criminally responsible on January 24 — and was crossed through the morning on what he is paid, how late he came to the case and everything the record does not show.
The jurors were sent home to come back Thursday for the closing arguments and the judge's instructions. What is left before they are asked to decide is the charge: two defense requests from August 20, whether involuntary manslaughter goes on the verdict slip and whether the jury is instructed on involuntary intoxication, have never been reported resolved.
- COURT SAT A FEW MINUTES AFTER NINE, AND THE JUDGE OPENED WITH A SIDEBAR. Judge William Sullivan took the bench shortly before 9:15 and called the lawyers up before the jurors were brought in. East Idaho News reports the defendant answering the judge's good morning from the defense table. East Idaho News, 9:12 a.m.; NBC Boston, 9:16 a.m.; Boston Globe, 9:14 a.m.
- THE JURY WAS BROUGHT IN AND ASKED THE USUAL QUESTION ABOUT OUTSIDE COVERAGE. Judge Sullivan put his standard questions to the jurors to satisfy himself that none of them had seen or heard anything about the case overnight, and greeted them with a line from Henry V: “Once more into the breach, as they say.” Boston Globe, 9:17 a.m.; NBC News, 9:18 a.m.
- THE JUDGE TOLD THE JURY THEY WILL BE SENT HOME AFTER THIS WITNESS AND COME BACK THURSDAY FOR THE CLOSINGS. Once Dr. Gregory Saathoff finishes, Judge Sullivan said, the jurors will be excused for the day and return Thursday, “hopefully” for closing arguments and his instructions on the law. That is the bench's expectation and not a ruling, and he did not say from the bench when deliberations would begin. Boston Globe, 9:19 a.m.
- THE JURY HAS HEARD 84 WITNESSES, TEN OF THEM CALLED BY THE DEFENSE. The Boston Globe puts the count at 84 across the trial, Dr. Saathoff included. ABC7, filing after the evidence closed, gives the make-up rather than the total: ten witnesses for the defense, friends and relatives of the defendant among them, and more than seventy for the Commonwealth, including her former husband. The two figures sit together. CBS Boston, writing up the close of the evidence, puts the total at 85 rather than 84 and dates the start of the testimony to July 27; the one-witness difference is recorded here and not resolved. Boston Globe, 9:19 a.m.; ABC7, filed August 26; CBS Boston, filed August 26.
- THE COMMONWEALTH'S LAST WITNESS IS BACK ON THE STAND WITH HIS DIRECT UNFINISHED. Dr. Gregory Saathoff was recalled for the prosecution to finish questioning him. NBC News, 9:18 a.m.; NBC Boston, 9:22 a.m.
- HE TOLD THE JURY THE VOICE GAVE HER NO METHOD, AND THAT THIS MEANT SHE WAS IN CONTROL. The resumed direct went back to the voice the defendant described on January 24. On Dr. Saathoff's account of what she told him, it did not say how the children were to be killed, or where, or in what order, and it said nothing about how she was to kill herself. What it left unspecified she settled herself, on his evidence, so the sequence of the night was hers: “It indicated that she had control ... of the sequence of what she was doing throughout,” he said. He added that he found it surprising she carried all of it out with no further direction or plan. Boston 25 gives the answer itself: “Having no instructions as to how to do it, but being able to execute those decisions … that is surprising that she’s able to accomplish all of this without any other kind of direction or plan.” Boston Globe, 9:21 a.m.; NBC News, 9:27 a.m.; Boston 25, filed 12:55 p.m.
- THE DECISIONS HE ATTRIBUTED TO HER INCLUDED TAKING THE CHILDREN DOWNSTAIRS ONE AT A TIME. NBC News reports him treating that, within the period the defense calls psychosis, as a choice of hers. The Boston Globe records him telling the jury she had a short period at home while her husband was out running errands, and that she took a call from him while the killings were under way. On the Globe's account he tied the shortness of that window to the manner of what she did, saying it was “important to do this quickly, methodically and the like.” NBC News, 9:27 a.m.; Boston Globe, 9:21 and 9:31 a.m.
- HE TOOK THE JURY THROUGH THE MEDICAL RECORDS ON HER DECLINE, AND CALLED THE ATTEMPT ON HER OWN LIFE A SERIOUS ONE. The records describe her feeling isolated as her mental health worsened and not well enough to return to work, he said, and she told him she was under financial strain because she could not work and contribute to the family. The attempt on her own life he called “very, very serious, which is why she employed three different methods,” a reference to the cuts to her wrists and neck and to her going out of the second-floor bedroom window. Boston Globe, 9:27 a.m.
- HE ALLOWED THE ILLNESS: A MENTAL DISEASE OR DEFECT ON JANUARY 24, AND BIPOLAR 2. Dr. Saathoff told the jury she was suffering from a mental disease or defect at the time of the killings, and that of the diagnoses available bipolar 2 “seemed to make the most sense,” chiefly because of her insomnia. It is the same concession Dr. Avram Mack and Dr. Kirk Heilbrun made before him, and the rebuttal case has never rested on denying that she was ill. Boston Globe, 9:33 a.m.; CT Insider, 9:40 a.m.
- WHAT HE DENIED IS THAT A VOICE TAKES THE CHOICE AWAY. Command hallucinations do not “propel” a person into obeying them, he said: people who hear them commonly resist, and they can keep their conduct inside the law. NBC News records the illustration — a person told by a voice to break the law in front of a police officer can decline, and “it’s possible for a person to choose not to engage in that behavior.” Even someone hearing commands, he added, can still know that what they are doing is wrong. Boston Globe, 9:33 and 9:38 a.m.; NBC News, 9:38 a.m.
- THE ATIVAN POINT: A DRUG THAT SETTLES A THOUGHT DOES NOT SETTLE A VOICE. She reported intrusive thoughts to him and said Ativan sometimes ended them. Because a drug of that kind does nothing to a hallucination, he told the jury, what it quieted was more likely her own thinking than a voice from outside. Boston Globe, 9:33 a.m.
- HE SEPARATED BEING OVERMEDICATED FROM REACTING BADLY TO A DRUG. The insomnia that came with Zoloft was an adverse effect of the drug rather than a sign of too much of it, he said, and Dr. Jennifer Tufts, among the first clinicians she saw after her third child was born, took her off it. He agreed she had significant side effects from her medications. On the other side of that line he found nothing: her records, he said, carry no sign that she was overmedicated, her prescribers were answering the symptoms she reported, and in December 2022 she chose to stay on a combination of Seroquel and Valium that was helping her sleep. The distinction matters to the defense theory, which is that prescribed drugs, taken as directed, produced the psychosis. Boston Globe, 9:37 and 9:42 a.m.; CT Insider, 9:40 a.m.
- HE TOLD THE JURY SHE COULD APPRECIATE RIGHT FROM WRONG. Asked at last about this defendant rather than about voices in general, Dr. Saathoff said she “did have the capacity to appreciate right and wrong” at the time of the killings. It answers the first half of the test the jury has to apply, and it is the answer both rebuttal experts before him gave. Boston Globe, 9:47 a.m.; NBC Boston, 9:49 a.m.; NBC News, 9:54 a.m.; CT Insider, 9:54 a.m.
- THE REASONS HE GAVE WERE ABOUT PLANNING AND CONCEALMENT. On his evidence she searched for the distance to the Plymouth restaurant and for a CVS before she texted her husband about takeout; she sent him out on that errand minutes before; she acted in the window when she was alone, knowing no one would see or interrupt; the exercise bands were within reach where she was; and the children were strangled in the basement with the office door shut. He called the planning involved significant. CT Insider also records him saying she had told him she mapped out the time “because she didn’t want to be alone too long.” Boston Globe, 9:47 a.m.; NBC News, 9:54 a.m.; CT Insider, 9:54 a.m.
- HE ALSO TOLD THE JURY SHE HAD DENIED ANY THOUGHTS OF HARM THE DAY BEFORE. She saw Dr. Jennifer Tufts, who had treated her for several months, on the day before the killings, and at that appointment, on his account, she denied thoughts of harming herself or anyone else and they talked about possible future treatment. Boston Globe, 9:47 a.m.
- THE AMITRIPTYLINE DOSE WAS A LOW ONE, HE SAID. The 10 to 20 milligrams she was taking is very low for an adult, he told the jury, and he agreed it is a dose that could safely be given to a child. NBC News, 9:53 a.m.
- THE DAY ITSELF, ON HIS ACCOUNT, WAS AN ORDINARY AND CONTROLLED ONE. She drove to the pediatrician’s office and back, built a snowman outside with the children, and made their lunch and their dinner. “Throughout the day she was methodical and quite controlled and organized,” he said, and there was, in his phrase, a lot to do in terms of killing her children and killing herself. Boston Globe, 9:55 and 9:58 a.m.; CT Insider, 10:04 a.m.
- THE CALL SHE RETURNED WHILE THE KILLINGS WERE UNDER WAY WAS THE PIECE HE LEANED ON HARDEST. Her husband rang from the CVS, she did not answer, and she rang him back without saying anything was wrong — which, on Dr. Saathoff’s evidence, both took presence of mind and concealed what was happening, and kept him out on the errand rather than heading home. Boston Globe, 9:51 and 9:55 a.m.; NBC Boston, 9:57 a.m.; CT Insider, 10:04 a.m.
- HE THEN GAVE THE JURY THE ULTIMATE ANSWER: CRIMINALLY RESPONSIBLE. “It is my opinion ... that Lindsay Clancy was criminally responsible,” Dr. Saathoff said, and with that the Commonwealth’s questioning ended. Boston Globe, 9:55 and 9:58 a.m.; NBC Boston, 9:57 a.m.; CT Insider, 10:04 a.m.
- THE DEFENSE CROSS BEGAN ON WHAT HE IS PAID AND ON THE ZOOM. Kevin Reddington took up Dr. Saathoff shortly before ten, opening as he opened the cross of the two rebuttal experts before him: the money, and how the witness saw the defendant. Dr. Saathoff said he is paid nothing for the testimony himself — he draws his university salary, the University of Virginia contracted with the prosecutors, and he did not know what it had billed them — and that he interviewed her over video. He was first approached early this year and formally retained in April. Boston Globe, 9:59 a.m.; NBC News, 10:02 a.m.; NBC Boston, 10:04 a.m.
- CLOSING ARGUMENTS ARE POINTED TO FOR THURSDAY, AND THE ACCOUNTS STILL DISAGREE ABOUT WHEN THE JURY RETIRES. Boston 25 and East Idaho News both reported Thursday as the likely day for the closings, and the Boston Globe has the judge putting the jury instructions on that day as well, after them — which is what he told the jurors again on Wednesday morning. Where the accounts part is the day the jury actually gets the case: NBC News reported Judge Sullivan telling the jurors on Tuesday that deliberations are unlikely to begin before Friday, while the Patriot Ledger, writing up the same instruction, has him putting their start on Thursday alongside the closings. Both are recorded and neither is resolved. Boston 25, 3:54 p.m. Tuesday; East Idaho News, 3:55 p.m. Tuesday; Boston Globe, 3:57 p.m. Tuesday; Patriot Ledger, 4:08 p.m. Tuesday; NBC News, 4:09 p.m. Tuesday; Boston Globe, 9:19 a.m.
- TWO THINGS CARRIED OVER FROM AUGUST 20, AND ONE OF THEM IS STILL OPEN. The defense had asked that involuntary manslaughter go on the verdict slip and that the jury be instructed on involuntary intoxication, and ABC News reported the charge conference set for Wednesday, once the evidence had closed, as where they would be settled. The first was taken up there: Judge Sullivan said he would give a manslaughter instruction, over the Commonwealth's objection to an involuntary manslaughter charge, though the accounts differ on which form he agreed to and the wording waits on a fuller draft Thursday morning. The second was not. No account read for this index reports him ruling on involuntary intoxication, and it remains open going into the closings. ABC News, 4:28 p.m. Tuesday; Boston Globe, 3:51 p.m.; NBC News, 4:06 p.m.
- AND ON HOW LONG HE HAD WAITED TO EXAMINE HER. Reddington put the calendar to the witness. The prosecutors approached him in January, the contract was not settled until April, and East Idaho News records him finishing his assessment on June 4 of this year — more than three years after the night he was asked to give an opinion about. Asked whether there is anything to be said for seeing someone sooner, Dr. Saathoff agreed there “are benefits” to evaluating a subject “closer to an event.” He also said he had known of the case but “didn’t specifically know” that the prosecution had engaged other medical experts, adding that it is usually the case that they do. Boston Globe, 10:01 a.m.; East Idaho News, 9:55 a.m.; NBC Boston, 10:04 a.m.
- THE CHARGE THE DEFENSE MADE OF HIM WAS THAT HE WRITES TO SUIT THE CLIENT. Reddington put it to the jury that the forensic psychiatrist “tailors his opinion to the organization who has hired him, in this case it’s the District Attorney’s Office,” and that the work he has built a career on sits on the law-enforcement side. East Idaho News, 10:06 a.m.
- THE CROSS TURNED TO WHO HE HAS WORKED FOR. Reddington read the postings off Dr. Saathoff's resume — the Virginia state prison system, where he treats mentally ill prisoners including men serving life; the federal Bureau of Prisons, for which he has evaluated two or three inmates since 2019; the US Department of Justice and the Virginia attorney general's office; the FBI, the US Air Force, and crisis-management work for governments abroad, among them Canada, Jordan and Australia; and the University of Virginia, where his work includes college students. He has no private practice. Told that he certainly does not advocate for the prisoners he sees, the witness would not have it: “No, that’s not true at all.” The list ended in a question — was it fair to call him a government man — and the prosecutors objected before he could answer. Boston Globe, 10:12 and 10:18 a.m.; NBC News, 10:17 a.m.; CT Insider, 10:17 a.m.; NBC Boston, 10:19 a.m.
- HE HAS NEVER WRITTEN ON HEARING VOICES, AND THE DEFENSE MADE SURE THE JURY HEARD IT. Pressed on it more than once, Dr. Saathoff told Reddington he has published nothing on auditory hallucinations. He has read the peer-reviewed literature on the subject, he said, but none of it is his. Reddington produced a paper on voices written by Dr. Phillip Resnick, the psychiatrist the defense called, and the witness allowed that Resnick is “well known” among the psychiatrists who examine parents that kill their children. The lawyers went to sidebar. Boston Globe, 10:17 a.m.; NBC News, 10:20 a.m.
- WHAT HIS NAME IS ON IS A DIFFERENT BODY OF WORK. Back from the sidebar, Reddington had the witness confirm the titles of his own published papers, and the subjects the jury heard were extremist violence and how the risk of it rises and falls in women, socio-political conflict, bioterror, the political radicalization of women, the use of big data in national security, and crisis negotiation. One paper touches the ground the defense is on: a study of postpartum psychosis brought on by a single drug, which the Boston Globe places decades back. Boston Globe, 10:24 a.m.; NBC Boston, 10:19 a.m.
- HE HAS NOT WRITTEN ON PARENTS WHO KILL THEIR CHILDREN EITHER. East Idaho News records the witness acknowledging that he has published nothing on filicide, and Reddington using the answer to point the jury at Dr. Phillip Resnick's standing in that field and to move Resnick's peer-reviewed work into evidence. East Idaho News, 10:13 a.m.
- HE HAS TREATED THE CONDITION AT THE HEART OF THE CASE, IN ANOTHER ERA. Dr. Saathoff told the defense he has cared for women in postpartum psychosis — in the late 1980s and again in the 1990s, when he was working at a state hospital. The Boston Globe puts the number at two; NBC News, writing up the same exchange, adds that he told the jury on Tuesday he had treated about half a dozen and was an author of some of the earliest work tying the disorder to medication. Whatever the number, it did not satisfy the defense: “Other than that...?” Reddington asked. Boston Globe, 10:31 a.m.; NBC News, 10:36 a.m.
- HER HIGHEST SCORE ON THE DEPRESSION QUESTIONNAIRE WAS 23. Cross-examination moved from the witness's credentials to the illness itself. There is no test that diagnoses postpartum depression, Dr. Saathoff said, but there is a screening questionnaire, the Edinburgh Postnatal Depression Scale, which he put at 30 points. The defendant filled one out more than once, and the highest she scored was 23. Over 15, he told the jury, “is concerning, definitely.” He also agreed that postpartum depression can turn into psychosis rapidly. Boston Globe, 10:33 and 10:39 a.m.
- AND NO THYROID TEST WAS EVER RUN ON HER. Reddington took the score and asked what should follow one. Blood work can be helpful at that level, the witness allowed, and for a woman after childbirth so can a thyroid test — which, he confirmed, the defendant never had. Boston Globe, 10:44 a.m.
- THE CROSS PUT TO THE JURY WHAT COULD HAVE BEEN TESTED AND WAS NOT. Blood work reads thyroid and hormone levels and, for some medicines, how much of the medicine is in the patient, Dr. Saathoff agreed; genetic testing, from blood or a cheek swab, reads the genes that decide how a body processes psychiatric drugs and can flag a dose or a side effect in advance. The Boston Globe adds, as background to the exchange rather than as testimony, that she was prescribed 13 medications in four months by half a dozen providers, and that nothing available today diagnoses postpartum psychosis from DNA or predicts who will develop it. Boston Globe, 10:46 a.m.
- THE COMMONWEALTH'S LAST EXPERT ALLOWED THAT SLEEPLESSNESS CAN END IN PSYCHOSIS. Asked on cross whether keeping a person from sleep amounts to torture, Dr. Saathoff said it can, and asked whether insomnia can carry someone into psychosis, he said it was possible. He had told the jury earlier the same morning that insomnia was his reason for settling on bipolar 2, and the sleeplessness of the months before January 24 is what the defense has built on. East Idaho News, 10:46 a.m.
- ASKED WHETHER SHE WAS RIGHT TO REFUSE A DRUG, THE WITNESS ANSWERED IN HER TERMS RATHER THAN HIS. The medication is lamotrigine, on NBC News's account, and Reddington would not let the reaction it can cause stay a rash: he had the witness describe blistered skin and asked whether a nurse might reasonably decline. After a long pause Dr. Saathoff said the benefits of the drug “are profound.” Asked a second time whether her decision was a reasonable one, he paused again and said, “In her mind it was.” Boston Globe, 10:48 a.m.; NBC News, 10:55 a.m.
- HE AGREED SHE WAS NOT WORKING PRESCRIBERS FOR A HIGH. Taking the witness back to October 2022, Reddington had him accept that she “was certainly having difficulty” by then — a message to her mother on October 20 asked her to come because a new anxiety drug had left her unwell — and that she had faulted herself for not keeping to a plan on her medications. Then the question the number of her prescribers invites, which the defense wanted answered in front of the jury: “She was not going out looking out to score drugs … is that fair?” “Correct,” the witness answered. Boston Globe, 10:56 and 10:59 a.m.
- A MONTH BEFORE THE KILLINGS, A HOSPITAL THOUGHT ITS DAY PROGRAM WAS NOT ENOUGH FOR HER. Dr. Saathoff agreed on cross that the defendant went to an emergency room in mid-December 2022 unable to sleep and feeling numb and hollow, and that when she was seen at Women and Infants Hospital in Rhode Island on December 20, the postpartum day program there took the view that inpatient care or partial hospitalization might be the more appropriate placement. Most of the women in the program had given birth more recently than she had, he said, and the records showed its staff had ruled medication out. He also told the jury she believed her brain was permanently damaged and would never improve. Boston Globe, 11:04 a.m.
- THE ONE PLACE HER HOMICIDAL THOUGHTS NEVER WENT, ON HIS ACCOUNT, WAS TO HER DOCTORS. Dr. Saathoff said the ideation was, as he understood it, “just voiced to her husband and her mother,” and that he does not recall it being reported to anyone treating her. Reddington rounded on the qualifier — “‘Just’ voiced? Is that what you just said?” — and then: “Just voiced, is that like talking about the Red Sox? She’s talking about homicidal ideation of her children.” The Commonwealth objected, and the objection was sustained. Boston Globe, 11:04 a.m.; NBC News, 11:07 a.m.
- SHE RANG A SUICIDE LINE TWICE AND WAS SENT BACK TO THE PROVIDER SHE ALREADY HAD. Dr. Saathoff agreed on cross that the defendant called the service — Aspire, on NBC Boston’s account — on two occasions and talked to it about wanting to die, and that what came back was a referral to her own provider, with no push for a hospital bed and no move to commit her. His reason was that she had described no plan: “I know that they were not responsive to her suicidality because she did not indicate that she had a plan.” Asked to find that in the records, he could not. “They didn’t do anything,” Reddington said. Boston Globe, 11:11 a.m.; NBC Boston, 11:19 a.m.
- HE HAD NOT LEARNED WHAT SHE WAS LIKE BEFORE THE ILLNESS. Put to him that the defendant had been a happy woman and a good mother until she became unwell, Dr. Saathoff said he did not know it. Asked about Dr. Jennifer Tufts, roughly a month into independent practice when the defendant came to her, he said whether she was equipped for the case would depend on her education. He also said the defendant may have fallen outside the four-month postpartum window by the time the Rhode Island program saw her. CT Insider, 11:13 a.m.
- HE ALLOWED THAT THE HORMONE CHANGES COULD PRODUCE THOUGHTS AND BEHAVIOR SHE COULD NOT CONTROL. Asked what giving up breastfeeding does to a woman's body, Dr. Saathoff went from hormones to neurotransmitters and explained to the jury what those are — the chemicals that carry such things as mood and psychosis — naming dopamine, serotonin and norepinephrine. On the Boston Globe's account he then agreed that those changes can lead to “intrusive and hard-to-control thoughts and hard-to-control behavior.” Boston Globe, 11:59 a.m.; NBC Boston, 11:59 a.m.
- HE HAD LISTENED TO THE 911 CALL AND HEARD NOTHING FROM HER ON IT BUT SOUNDS. The cross resumed after the break on the recording of Patrick Clancy's call to the emergency line. Dr. Saathoff agreed he had listened to it and that nothing could be heard from the defendant beyond what Kevin Reddington described to him as “guttural grunts.” Boston Globe, 11:58 a.m.
- NOBODY EVER ESTABLISHED WHAT WAS IN THE GLASS. The evidence that the defendant tried to kill herself that night rests in part on crushed medication her husband saw in a glass in their bedroom. On cross Dr. Saathoff agreed he knew of no police testing of the powder, no pill press and no residue anywhere else in the room, and said he did not recall telling the jury earlier that it was antipsychotic medication. Boston Globe, 12:07 p.m.; NBC News, 12:12 p.m.
- THE COMMONWEALTH'S OWN TESTING FOUND NO SIGN THAT SHE WAS FAKING. Dr. Saathoff told the jury on cross that another of the prosecution's experts had given the defendant a test for exaggerated or invented symptoms and that it found none, apart from her likelihood of suicide, and he agreed with Kevin Reddington that the result meant she was not malingering. He added that Dr. Phillip Resnick, the defense's forensic psychiatrist, is a renowned authority on malingering and had concluded she was not lying in any way. Boston Globe, 12:19 p.m.
- THE CROSS-EXAMINATION ENDED BY READING THE PROSECUTION'S OPENING BACK TO ITS OWN EXPERT. Kevin Reddington's last act on cross was to read Dr. Gregory Saathoff the Commonwealth's opening statement — that the defendant made the selfish choice to kill her children and herself because she was tired of her life, and had manipulated the clinicians she went to for help — and ask whether his opinion supported it. “I think that statement you read really minimizes what she was going through,” the witness answered, and the defense sat down. Boston Globe, 12:38 p.m.; NBC News, 12:38 p.m.
- THE COMMONWEALTH'S LAST WITNESS ENDORSED THE PRESCRIBING THE DEFENSE BLAMES. The defense case is that prescribed medication put the defendant into psychosis. On redirect Dr. Saathoff told the jury he had no objection to any of the medications Dr. Jennifer Tufts wrote for her, that the prescribing was very reasonable, and that Tufts — who at times saw her more than once a week — was very responsive to her concerns. Boston Globe, 12:50 p.m.; NBC Boston, 12:57 p.m.
- THE REDIRECT TOOK BACK THE SUICIDE LINE THE CROSS HAD WRITTEN OFF. The defense spent part of the morning on two calls the defendant made to a crisis service that, on its account, left her with the provider she already had. Jennifer Sprague put the same calls to Dr. Gregory Saathoff the other way round: the line did not hang up on her and did not turn her away, and what it recommended was a day program, partial hospitalization or an inpatient bed. He agreed, and repeated that she had reported suicidal thoughts without a plan. NBC Boston, 1:06 p.m.; NBC News, 1:08 p.m.
- THE COMMONWEALTH RESTED, AND THE EVIDENCE IN THE TRIAL CLOSED. Dr. Gregory Saathoff stepped down shortly after one o'clock and the prosecution rested its rebuttal case. The defense rested on August 21, so nothing further will be put before this jury: what is left is the closing arguments, the judge's instructions and the verdict. East Idaho News, 1:12 p.m.; Boston Globe and NBC Boston, 1:14 p.m.
- THE JURORS WERE SENT HOME TO COME BACK FOR THE CLOSINGS. Judge William Sullivan told them they would hear the closing arguments and his instructions on the law Thursday morning, put the usual warning to them again about coverage of the case and about keeping their minds open, and wished them a good night's sleep. East Idaho News reports him telling them they would get the case for their deliberations the same day. NBC Boston, 1:14 p.m.; NBC News, 1:20 p.m.; East Idaho News, 1:14 p.m.
- THE DEFENSE ASKED FOR A REQUIRED FINDING OF NOT GUILTY AND WAS REFUSED. With the Commonwealth's case closed and the jury out of the room, Kevin Reddington made the motion again — he had made it once before, when the prosecution first rested — the Commonwealth opposed it, and Judge Sullivan denied it. East Idaho News describes the same motion as one for a directed verdict. NBC Boston, 1:21 p.m.; East Idaho News, 1:16 p.m.
- THE LAWYERS WERE DUE BACK AT HALF PAST TWO FOR THE CONFERENCE ON THE INSTRUCTIONS. What the jury will be told is argued out of its presence, and two defense requests from August 20 — involuntary manslaughter on the verdict slip, and an instruction on involuntary intoxication — have never been reported resolved. NBC Boston, 1:21 p.m.
- BOTH SIDES ASKED THE JUDGE TO LEAVE VOLUNTARY DRUG INTOXICATION OUT OF THE CHARGE. The Commonwealth opened the conference against an intoxication instruction, and when his turn came Kevin Reddington told the judge he saw no evidence of voluntary intoxication either and asked that none be given. Judge Sullivan said he would strongly consider cutting it, because the two sides agree. The instruction on involuntary intoxication the defense asked for on August 20 is a different request, and no ruling on that has been reported. Boston Globe, 3:30 and 3:33 p.m.; NBC Boston, 3:18 and 3:28 p.m.
- THE COMMONWEALTH'S GROUND FOR KEEPING INVOLUNTARY MANSLAUGHTER OFF THE VERDICT SLIP IS THE STRANGULATION. Shanan Buckingham objected to the jurors being given involuntary manslaughter as a lesser offense to the three murder counts, and the Boston Globe reports her resting that on the children having been strangled. NBC Boston's account of the same objection breaks off before it reaches a ground. Boston Globe, 3:30 p.m.; NBC Boston, 3:18 p.m.
- THE DEFENSE ASKED THE JUDGE TO SAY MORAL WRONGDOING WHERE THE DRAFT SAYS WRONG. Kevin Reddington asked that the several places where the instructions speak of knowing that conduct is wrong be put as moral wrongdoing, and raised the draft's sentence excluding an abnormality shown only by repeated criminal conduct. Whether she could appreciate the wrongfulness of what she was doing is one of the two halves of the test this jury has to apply. NBC Boston, 3:28 p.m.; Boston Globe, 3:33 p.m.
- THE JURY WILL BE ABLE TO CONSIDER MANSLAUGHTER. Judge Sullivan told the lawyers at the end of the charge conference that he will give a manslaughter instruction, and that he leans toward one instruction rather than dividing voluntary from involuntary. That answers in substance the request the defense first made on August 20 and argued again on Wednesday, and which the Commonwealth opposed on the ground that the children were strangled. What form the instruction takes is to be settled from a fuller draft on Thursday morning, and the accounts of the ruling itself differ: NBC News, writing it up after the conference broke up, has the judge agreeing to instruct on voluntary manslaughter, which is not how the other two describe what he said. Both are recorded here. Boston Globe, 3:51 p.m.; NBC Boston, 3:54 p.m.; NBC News, 4:06 p.m.
- VOLUNTARY INTOXICATION IS OUT OF THE CHARGE. Both sides had asked the judge to leave it out, and he told them he will not instruct the jury on it. The instruction on involuntary intoxication the defense asked for on August 20 is a different request, and no ruling on it has been reported. NBC Boston, 3:54 p.m.
- THE JUDGE WILL NOT TELL THE JURY IT MAY WEIGH THE QUALITY OF THE POLICE INVESTIGATION. Kevin Reddington had asked for the instruction, saying the blood at the scene was never tested and that nothing was investigated; Shanan Buckingham answered that testing was done and the scene photographed. Judge Sullivan refused it, and CT Insider reports him telling the defense it may argue the gaps to the jury in the closing instead. Boston Globe, 3:38 and 3:51 p.m.; CT Insider, 3:53 p.m.
- THE CLOSINGS ARE SET FOR THURSDAY MORNING, WITH UP TO AN HOUR FOR EACH SIDE. Judge Sullivan asked the lawyers as the conference ended how long they wanted; on NBC Boston's account the defense asked for about half an hour and the Commonwealth for an hour, and he gave both up to an hour. He said he would have a fuller draft of the instructions for them in the morning, and adjourned for the day. Boston Globe, 3:51 p.m.; CT Insider, 3:53 p.m.; NBC Boston, 3:56 p.m.
- THE TWO SIDES LARGELY AGREED ON WHAT THE JURY WILL BE TOLD ABOUT MURDER IN THE FIRST DEGREE. Going back over the conference after it broke up, NBC News reports that the argument was about the lesser charge and about the police investigation rather than about the murder instructions themselves, and that the prosecutors accepted wording putting the three counts on deliberate premeditation and on extreme atrocity or cruelty. NBC News, 4:06 p.m.
- WBUR'S WRITE-UP OF THE CLOSE OF THE EVIDENCE PUTS THE DELIBERATIONS AFTER THURSDAY'S CLOSINGS. Filing after the sitting ended, WBUR counts the trial at twenty-one days of testimony and upwards of seventy witnesses, names Dr. Gregory Saathoff as the last of them, and has the jurors starting their deliberations once the closing arguments are over on Thursday. It is a fourth account putting the case in the jury's hands the same day, against the NBC News report of the judge telling the jurors on Tuesday that they were unlikely to begin before Friday. Nothing else in WBUR's account is new to this page. WBUR, filed August 26.
- THE PATRIOT LEDGER'S AND CNN'S ACCOUNTS OF THE SITTING COULD NOT BE READ FOR THIS INDEX. Both are listed among the sources below so that a reader can go to them directly, but nothing written on this page rests on either. Patriot Ledger, August 26; CNN, August 26.
Witnesses (1)
- HE WENT BACK ON THE STAND FOR THE PROSECUTION TO FINISH ITS QUESTIONING. Dr. Saathoff was recalled Wednesday morning with his direct examination unfinished from Tuesday. What is already on the record is set out under day 20: his qualifications and his work for the FBI's Behavioral Analysis Unit, about eleven hours of video interviews with the defendant in May and June, an interview with her husband, his evidence that the voice she described does not behave the way voices do, and a series of divergences he said he found between her account and the records. NBC News, 9:18 a.m.; NBC Boston, 9:22 a.m.
- THE RESUMED DIRECT WENT STRAIGHT BACK TO THE VOICE, AND TO WHAT IT DID NOT SAY. On his account of what she told him, the voice named no method. It did not tell her how to kill the children, or where, or in what order, and it gave her no instruction about how she was to kill herself. NBC News, 9:27 a.m.; Boston Globe, 9:21 a.m.
- FROM THOSE SILENCES HE DREW THE CONCLUSION THE REBUTTAL NEEDS. Everything the voice left unspecified was, on his evidence, something she settled herself, which made the order of that night hers rather than the voice's. “It indicated that she had control ... of the sequence of what she was doing throughout,” he said. He also told the jury he found it surprising that she carried all of it out with no further direction or plan of any kind. Boston 25 gives the answer itself: “Having no instructions as to how to do it, but being able to execute those decisions … that is surprising that she’s able to accomplish all of this without any other kind of direction or plan.” Boston Globe, 9:21 a.m.; NBC News, 9:27 a.m.; Boston 25, filed 12:55 p.m.
- AMONG THE DECISIONS HE ATTRIBUTED TO HER WAS CARRYING THE CHILDREN DOWN TO THE BASEMENT ONE AT A TIME. NBC News reports him treating that, inside the stretch of time the defense calls psychosis, as a choice of hers. The Boston Globe records two further points he put to the jury: that she had a short period at home while her husband was out running errands, and that she took a call from him while the killings were under way. On the Globe's account he tied the shortness of that window to the manner of what she did, saying it was “important to do this quickly, methodically and the like.” NBC News, 9:27 a.m.; Boston Globe, 9:21 and 9:31 a.m.
- HE ALSO TOOK THE JURY THROUGH WHAT THE MEDICAL RECORDS SHOW ABOUT HER DECLINE. The records, he said, describe her feeling isolated as her mental health worsened, and not well enough to go back to work; she told him she was under financial strain because she could not work and contribute to the family. Of the attempt she made on her own life he said it was “very, very serious, which is why she employed three different methods,” a reference to the cuts to her wrists and neck and to her going out of the second-floor bedroom window. Boston Globe, 9:27 a.m.
- ATIVAN SETTLED THE INTRUSIVE THOUGHTS, WHICH HE TOLD THE JURY POINTED INWARD RATHER THAN OUT. She had reported intrusive thoughts to him and told him that taking Ativan sometimes ended them — “taking the Ativan resolved those thoughts,” as he put her account. A drug of that kind does nothing to a hallucinated voice, he said, so a thought that Ativan could switch off was to his mind a thought of her own rather than something spoken to her from outside. Boston Globe, 9:33 a.m.
- HE GAVE THE JURY THE DIAGNOSIS, AND IT ALLOWS THE ILLNESS. She was suffering from a mental disease or defect at the time of the killings, he said, and of the diagnoses available bipolar 2 “seemed to make the most sense,” chiefly because of her insomnia. That puts him where the two rebuttal experts before him ended up: the illness conceded, the incapacity denied. Boston Globe, 9:33 a.m.; CT Insider, 9:40 a.m.
- A COMMAND HALLUCINATION, ON HIS EVIDENCE, DOES NOT CARRY THE PERSON WHO HEARS IT ALONG WITH IT. Voices of that kind do not “propel” someone into obeying them, he told the jury. People who hear them commonly push back against what they are told to do, and a person in that state can still keep their conduct inside the law. NBC News records the illustration he offered: told by a voice to do something unlawful with a police officer standing in front of them, a person can decline — “it’s possible for a person to choose not to engage in that behavior.” Boston Globe, 9:33 and 9:38 a.m.; NBC News, 9:38 a.m.
- A COMMAND HALLUCINATION DOES NOT TAKE AWAY THE KNOWLEDGE THAT THE ACT IS WRONG. Even granting that she was hearing commands, he said, she could still have known right from wrong; many people who hear voices act to avoid doing what a voice tells them when it cuts against what they believe. That answer goes to the first half of the test the jury has to apply, as his evidence about the sequence of the night went to the second. Boston Globe, 9:38 a.m.
- HE DREW A LINE BETWEEN TOO MUCH MEDICINE AND A BAD REACTION TO IT. Being overmedicated and reacting badly to a drug are not the same thing, he told the jury. The insomnia that came with Zoloft he put in the second category, an adverse effect rather than a sign of too much, and he noted that Dr. Jennifer Tufts, among the first clinicians she saw after her third child was born, took her off the drug. He agreed she had significant side effects from her medications. Boston Globe, 9:37 a.m.; CT Insider, 9:40 a.m.
- HE FOUND NOTHING IN THE RECORDS TO SAY SHE HAD BEEN OVERMEDICATED. It can happen, he said — a prescriber can set a dose too high — but he saw no sign of it in her medical records. Her prescribers, on his reading, were answering the symptoms she was telling them about. He pointed the jury to December 2022, when she elected to stay on the combination of Seroquel and Valium she was taking: “that combination at that time, that was really helping her sleep,” he said. Boston Globe, 9:42 a.m.
- THE AMITRIPTYLINE DOSE, ON HIS EVIDENCE, WAS A SMALL ONE. Asked about the amitriptyline she was taking, he told the jury that 10 to 20 milligrams is a very low amount for an adult, and agreed that a dose that size is one a child could safely be given. The drug is among those the defense says pushed her over the edge. NBC News, 9:53 a.m.
- HE THEN GAVE THE OPINION THE REBUTTAL HAS BEEN BUILT TOWARD: SHE COULD TELL RIGHT FROM WRONG. Turning from voices in general to this defendant, Dr. Saathoff told the jury she “did have the capacity to appreciate right and wrong” at the time of the killings. That is an answer to the first half of the test the jury has to apply, and it is the same answer Dr. Avram Mack and Dr. Kirk Heilbrun gave before him. Boston Globe, 9:47 a.m.; NBC Boston, 9:49 a.m.; NBC News, 9:54 a.m.; CT Insider, 9:54 a.m.
- WHAT HE BUILT THAT ON WAS PLANNING, WHICH HE CALLED SIGNIFICANT. Before she texted her husband about picking up takeout, he said, she had looked up the distance from the Duxbury house to the restaurant in Plymouth and searched for a CVS. She sent him out on the errand minutes before the killings, and she acted in the window when she was alone in the house — a time, on his evidence, when she knew nobody would see it or interrupt it. The exercise bands she used were near at hand where she was. Taken together, he told the jury, the searches, the timing and the choice of what was within reach showed she understood what she was doing. CT Insider records him adding that she had told him she mapped out the time “because she didn’t want to be alone too long.” Boston Globe, 9:47 a.m.; NBC News, 9:54 a.m.; CT Insider, 9:54 a.m.
- HE POINTED THE JURY TO THE BASEMENT AND THE CLOSED DOOR. The children were strangled in the basement with the office door shut, he said, which to his mind added a level of concealment to what was done. Boston Globe, 9:47 a.m.
- THE APPOINTMENT THE DAY BEFORE THE KILLINGS WENT IN FRONT OF THE JURY. She had seen Dr. Jennifer Tufts, the psychiatrist who had treated her for several months, on the day before the killings. On his account she denied any thoughts of harming herself or anyone else at that appointment, and the two of them discussed what treatment might come next. Boston Globe, 9:47 a.m.
- HE PUT THE REST OF JANUARY 24 IN FRONT OF THE JURY AS AN ORDINARY DAY. She drove to the pediatrician’s office and back, he said — the Boston Globe records the appointment as her daughter Cora’s — played outside with the children and built a snowman with them, and made their lunch and their dinner. “The activities of that day were controlled,” he told the jury. “Throughout the day she was methodical and quite controlled and organized. ... There was a lot to do in terms of killing her children but also killing herself.” Boston Globe, 9:55 and 9:58 a.m.; CT Insider, 10:04 a.m.
- THE CALL SHE TOOK WHILE THE KILLINGS WERE UNDER WAY IS THE DETAIL HE LEANED ON HARDEST. Her husband rang from the CVS and she did not pick up, then rang him back. That, on Dr. Saathoff’s evidence, took presence of mind, and what she did with it was hide what was happening: she told him nothing about being in distress, and returning the call “helped guarantee that he would continue” with the errand instead of turning for home. She “had the presence of mind to do that but also to conceal from him what was going on,” he said. Boston Globe, 9:51 and 9:55 a.m.; NBC Boston, 9:57 a.m.; CT Insider, 10:04 a.m.
- HE TOLD THE JURY WHAT SHE SAID WHEN HER HUSBAND FOUND HER OUTSIDE THE HOUSE. She told him she had tried to kill herself. She did not tell him she had killed the children, and she said nothing to him then about a voice. Boston Globe, 9:51 a.m.
- HE FOUND NO DELUSION ABOUT THE CHILDREN THEMSELVES. There was no evidence, he said, that she held any delusional belief about them. The exercise bands she used were “readily available” where she was, which he called significant to his mind “in terms of her understanding and planning.” Boston Globe, 9:51 a.m.; CT Insider, 9:54 a.m.
- HE GAVE THE JURY THE ANSWER TO THE QUESTION IT HAS TO DECIDE. “It is my opinion ... that Lindsay Clancy was criminally responsible,” he said. He rested it on the ordinariness and control of the day, on the planning before it, which he called significant, on what he described as an avoidance of witnesses, on the returned call, and on the appointment the day before, at which she denied suicidal or homicidal thoughts, discussed future treatment and showed him no sign of psychosis in the record. Boston Globe, 9:55 and 9:58 a.m.; NBC Boston, 9:57 a.m.; CT Insider, 10:04 a.m.
- THAT ENDED THE COMMONWEALTH’S QUESTIONING, AND THE DEFENSE STOOD UP. Kevin Reddington began his cross-examination where he began the last two, on what the witness is getting for the work. Dr. Saathoff told him he is not paid for the testimony himself: he draws his university salary, and the University of Virginia handled the contract with the prosecutors. “The university’s getting paid,” he said, and he did not know what it had billed the district attorney’s office. He agreed he was first approached about the case early this year but not formally retained until April, and — the point Reddington has put to witness after witness — that he examined the defendant over Zoom rather than in a room with her. Boston Globe, 9:59 a.m.; NBC News, 10:02 a.m.; NBC Boston, 10:04 a.m.
- KEVIN REDDINGTON PUT THE CALENDAR TO HIM. The prosecutors first approached Dr. Saathoff in January, the contract with his university was not settled until April, and on East Idaho News’s account he finished his assessment on June 4 of this year — more than three years after the night he was asked to give the jury an opinion about. Reddington made the gap the point, and the witness agreed with him about what it costs: there “are benefits,” he said, to evaluating someone “closer to an event.” He added that he had been aware of the case but “didn’t specifically know” that the prosecution had engaged other medical experts, though he said that is usually how it goes. Boston Globe, 10:01 a.m.; East Idaho News, 9:55 a.m.; NBC Boston, 10:04 a.m.
- KEVIN REDDINGTON PUT THE ACCUSATION PLAINLY. The forensic psychiatrist “tailors his opinion to the organization who has hired him, in this case it’s the District Attorney’s Office,” Reddington told the jury, as East Idaho News reports him, and turned from there to a working life spent, on his telling of it, alongside law enforcement. East Idaho News, 10:06 a.m.
- KEVIN REDDINGTON READ THE WITNESS HIS OWN RESUME. Reddington took the witness through the work he has done and who he has done it for: treating people with mental illness in the Virginia state prison system, some of them serving life sentences; two or three inmate evaluations for the federal Bureau of Prisons since 2019; the Department of Justice and the Virginia attorney general’s office; the FBI, the Air Force, and crisis-management work for other governments, Canada, Jordan and Australia among them; and his university, where his work includes college students. He has no practice of his own outside that. When Reddington put it to him that he does not advocate for the prisoners he treats, Dr. Saathoff refused the characterization — “No, that’s not true at all.” The point of the list arrived as a question, whether it was fair to call him a government man, and it did not survive the prosecutors’ objection. Boston Globe, 10:12 and 10:18 a.m.; NBC News, 10:17 a.m.; CT Insider, 10:17 a.m.; NBC Boston, 10:19 a.m.
- NOR IS IT ON ANYTHING ABOUT PARENTS WHO KILL THEIR CHILDREN. Dr. Saathoff acknowledged to Reddington that he has published nothing on filicide, on East Idaho News’s account. Reddington took the answer and set the defense’s own expert against it, telling the jury that Dr. Phillip Resnick is recognized in that field and moving to put Resnick’s peer-reviewed work before them. East Idaho News, 10:13 a.m.
- HIS NAME IS NOT ON ANYTHING ABOUT HEARING VOICES. Reddington came back to the question more than once and got the same answer each time: Dr. Saathoff has never published an article on auditory hallucinations. He has read the peer-reviewed work on the subject, he said, but written none of it. Reddington then produced a paper on the topic by Dr. Phillip Resnick, the defense’s own expert, whom the witness described as “well known” for his work on parents who kill their children. Boston Globe, 10:17 a.m.; NBC News, 10:20 a.m.
- WHAT HE HAS PUBLISHED IS ABOUT SOMETHING ELSE. After the sidebar the cross went title by title through his own papers, and the list the jury heard was extremist violence and the way risk of it rises and falls in women, socio-political conflict, bioterror, the political radicalization of women, big data applied to national security, and crisis negotiation. Only one of them comes near this case: a study of postpartum psychosis brought on by one particular drug, which the Boston Globe places decades back. Boston Globe, 10:24 a.m.; NBC Boston, 10:19 a.m.
- HE HAS TREATED WOMEN IN POSTPARTUM PSYCHOSIS, THOUGH NOT RECENTLY. Answering Reddington on his clinical experience of the condition the defense case turns on, Dr. Saathoff said he had cared for such patients while he was working at a state hospital, in the late 1980s and again during the 1990s. The Boston Globe puts the number at two. NBC News, on the same exchange, records him holding to the experience, and notes that on Tuesday he had told the jury he treated about half a dozen women with the condition and was an author of some of the earliest work tying it to medication. The defense wanted more than that: “Other than that...?” Reddington asked. Boston Globe, 10:31 a.m.; NBC News, 10:36 a.m.
- HE WAS TAKEN THROUGH HOW THE ILLNESS IS TREATED, AND HOW FAST IT CAN TURN. Asked what he would do for a woman with postpartum depression, Dr. Saathoff described a team assessing the symptoms and treating them, and said those symptoms can look much like depression of any other kind, with disturbed sleep and thoughts of suicide alongside. He could not put a figure on how many women with the condition go on to end their lives — he had no idea of the number, on CT Insider's account. He agreed that the move from postpartum depression into psychosis can be a rapid one. Whether a patient's blood should be tested, he said, depends on her symptoms, her history and what she has been prescribed. NBC Boston records that the women he treated at the state hospital had generally been committed there by a court. Boston Globe, 10:33 a.m.; CT Insider, 10:43 a.m.; NBC Boston, 10:45 a.m.
- THE JURY WAS GIVEN A NUMBER FOR HOW DEPRESSED SHE HAD SCORED. No specific test diagnoses postpartum depression, Dr. Saathoff told the defense, but there is a questionnaire patients fill out, the Edinburgh Postnatal Depression Scale, which he described to the jury as running to 30 points. The defendant was given it a number of times, he said. Her highest score was 23. Anything above 15 “is concerning, definitely,” he said. Boston Globe, 10:39 a.m.
- REDDINGTON ASKED WHAT A SCORE LIKE THAT SHOULD LEAD A CLINICIAN TO DO. Blood work can be helpful in a patient who scores that high, Dr. Saathoff allowed, and a thyroid test can be helpful for a woman after childbirth — that one, he confirmed, was never done on the defendant. Enzyme testing he was not aware of as something typically available or used. He also told the jury that a drug the defendant turned down because she was worried about a rash can, in very rare cases, cause a fatal one. Boston Globe, 10:44 a.m.
- WHAT A BLOOD TEST OR A GENETIC TEST COULD HAVE SHOWN. Reddington kept the witness on the tools available to anyone treating a woman in the defendant's position. Blood, Dr. Saathoff agreed, gives a clinician the thyroid and hormone readings and, for some drugs, the amount of the drug in the patient. Genetic testing — from blood or from a swab of the inside of the cheek — goes to the genes that govern how a body handles psychiatric medicine, and can put a prescriber on notice about a dose or a side effect. The Boston Globe's account of the exchange notes, as background rather than as evidence from the stand, that she was prescribed 13 medications in four months by half a dozen providers, and that no DNA test now in use will diagnose postpartum psychosis or say reliably who is likely to develop it, though that is what researchers are working toward. Boston Globe, 10:46 a.m.
- HE AGREED THAT BEING KEPT FROM SLEEP IS A FORM OF TORTURE, AND THAT INSOMNIA CAN END IN PSYCHOSIS. Kevin Reddington put it to the witness that depriving a person of sleep is used as torture, and Dr. Saathoff allowed that it can be. Asked whether insomnia can carry someone into psychosis, he said it was possible. Insomnia is the symptom he had given the jury earlier the same morning as his reason for settling on bipolar 2, and it is the symptom the defense case rests on hardest. Fox News reports the question reaching him by way of his counterterrorism work. East Idaho News, 10:46 a.m.
- THE DRUG SHE TURNED DOWN, AND WHETHER TURNING IT DOWN WAS REASONABLE. NBC News names the medication lamotrigine and records Reddington refusing to leave it at the word rash: he took the witness through what the skin reaction can amount to, blistering among it, and asked whether a woman who is herself a nurse might sensibly want no part of it. Dr. Saathoff let a long silence go by before answering that “the benefits” of the drug “are profound.” Reddington put the question again — was it a reasonable decision for her to say she did not wish to take it, knowing the side effects — and after another pause the witness gave the defense the answer it wanted, of a kind: “In her mind it was.” Boston Globe, 10:48 a.m.; NBC News, 10:55 a.m.
- THE CROSS WENT BACK TO THE AUTUMN, AND TO WHY SHE WAS SEEING SO MANY PRESCRIBERS. Dr. Saathoff agreed that by October 2022 the defendant “was certainly having difficulty.” He had read a message she sent her mother on October 20 that year, asking her to come because a new anxiety medicine had left her unwell, and he told the jury she had said herself that she was not sticking to a plan on her medications and would have done better if she had. Reddington then put the alternative reading of all those providers to him and closed it off. It was not his understanding, was it, that she was going from prescriber to prescriber to get high. “She was not going out looking out to score drugs … is that fair?” he asked. “Correct,” the witness said. NBC Boston, covering the same stretch, records him telling the jury that the records describe the first twelve weeks after Callan was born as really quite good, with the decline arriving at the end of the summer and the defendant going to doctors including Dr. Jennifer Tufts for help. That outlet gives what she said to her mother as “It’s just really scary and I don’t want to be alone.” Boston Globe, 10:56 and 10:59 a.m.; NBC Boston, 11:06 a.m.
- WHAT DECEMBER LOOKED LIKE, AND WHAT A HOSPITAL MADE OF HER. Dr. Saathoff told the jury the defendant went to an emergency room in the middle of December 2022 saying she was not sleeping and that she felt numb and hollow, and that on December 20 she was seen at Women and Infants Hospital in Rhode Island for its postpartum day program. The program’s view, he said, was that something else would suit her better — inpatient care, or partial hospitalization. Most of the women in it had given birth more recently than she had. The treatment records he read had ruled medication out as the source of what was wrong with her. Asked whether she did what her providers told her to do, and did it at once, he said she attended her appointments. He said she believed her brain had been permanently damaged and would never recover, and that the homicidal thoughts she described went to her husband and her mother; he does not recall her putting them to anyone treating her. By the close of 2022, he agreed, she was reaching out to people she thought could help her. Boston Globe, 11:04 a.m.
- THE WORD “JUST,” AND THE DEFENSE REFUSING TO LET IT PASS. Pressed on whether the dark, intrusive thoughts the defendant reported in the months before January 24 had ever reached her doctors, Dr. Saathoff answered that the homicidal ideation, as he understood it, was “just voiced to her husband and her mother.” Kevin Reddington took hold of the adverb. “‘Just’ voiced? Is that what you just said?” he asked, and then, angrily, on NBC News’s account: “Just voiced, is that like talking about the Red Sox? She’s talking about homicidal ideation of her children.” The Commonwealth objected. NBC News, 11:07 a.m.
- WHO ELSE SHE HAD TOLD, AND WHAT HAPPENED WHEN SHE RANG FOR HELP. Dr. Saathoff said he did not know whether anyone at the children’s preschool had been told about the intrusive thoughts. Reddington asked whether a clinician has done enough by asking someone who says she wants to die only whether she has worked out how; the witness said he was not aware that the question had been put to her on its own. He agreed she had telephoned a suicide line twice, though he could not place the calls in time, and that she spoke to whoever answered about wanting to die. NBC Boston names the service Aspire. What it did, he said, was send her back to the provider she already had: no one there pressed for a hospital bed or moved to have her committed. “They didn’t do anything,” Reddington put to him, on NBC Boston’s account. His explanation was that she had given them no plan — “I know that they were not responsive to her suicidality because she did not indicate that she had a plan.” Asked where the records said so, he answered that he could not point to the place. CT Insider, which reports the same exchange, records a long silence before the witness said he believed the detail had come from the evidence. Boston Globe, 11:11 a.m.; NBC Boston, 11:19 a.m.; CT Insider, 11:30 a.m.
- THE DEFENSE PUT TO HIM THE WOMAN SHE HAD BEEN BEFORE ANY OF IT. Dr. Saathoff said he did not know that the defendant had been a happy person and a good mother before she fell ill, on CT Insider’s account of the cross. He was asked about Dr. Jennifer Tufts, who had been practicing on her own as a psychiatrist for about a month when the defendant came to her: whether that was enough to take on what the defendant brought would turn, he said, on her education. And on the Rhode Island day program, while he agreed the defendant had been told to look for other treatment, he added that she may by then have been past the four-month window he treats as the postpartum period. CT Insider, 11:13 a.m.
- WHAT A LINE THAT DOES NOTHING CAN DO TO THE PERSON WHO CALLED IT. Asked what follows when someone in that state reaches a service that cannot help her, Dr. Saathoff allowed it “could have a very serious effect.” Reddington moved from there to the body, and to what giving up breastfeeding does to a woman who has recently given birth. That turns on the individual, the witness said, and he told the jury the defendant stopped nursing Callan in the autumn of 2022, when she started on Ativan. He agreed with Reddington that giving up nursing acts on a woman's hormones, and that after a birth some hormones and metabolites fall away rapidly, on CT Insider's account of the last exchange before the break. Boston Globe, 11:17 a.m.; NBC Boston, 11:19 a.m.; CT Insider, 11:30 a.m.
- WHAT GIVING UP NURSING DOES TO THE CHEMISTRY OF THE BRAIN, AND WHAT THAT CAN DO TO A WOMAN. The exchange the jury heard around the break moved from hormones to the brain itself. NBC Boston records Dr. Saathoff telling the jury that stopping breastfeeding can act on the neurotransmitters, and then explaining to them what a neurotransmitter is: the chemicals that carry such things as mood and psychosis, working in more than one way. He named dopamine, serotonin and norepinephrine. The Boston Globe has him going further and allowing that the changes in a woman's hormones after a birth and after she stops nursing can bring on “intrusive and hard-to-control thoughts and hard-to-control behavior” — the defense's own case put to the Commonwealth's last witness, and accepted. The Globe adds, as background rather than as evidence from the stand, that the defendant stopped nursing Callan about three months before the killings and had given birth to him eight months before. Boston Globe, 11:59 a.m.; NBC Boston, 11:59 a.m.
- THE 911 CALL, AND WHAT COULD BE HEARD OF HER ON IT. Back from the break, the cross took the witness to the recording of the call her husband made to the emergency line that night. Dr. Saathoff said he had listened to it, and that there was nothing on it from the defendant beyond what Kevin Reddington put to him as “guttural grunts.” Boston Globe, 11:58 a.m.
- HE HAD FOUND IT NOTABLE THAT SHE MISLED HER FAMILY, AND SAID SHE DID IT IN TEXT MESSAGES. Kevin Reddington put to the witness that one of the things standing out in his assessment was that the defendant had betrayed her family by misleading them. Dr. Saathoff corrected the verb — he had said portrayed, not betrayed — and agreed that she portrayed herself to them in a way that misled them. Asked how she had done it, he said it was in her text messages. East Idaho News, 12:01 p.m.
- THE POWDER IN THE WINE GLASS WAS NEVER TESTED. The account of the defendant's own overdose that night turns on crushed medication found in the couple's bedroom, and Kevin Reddington took the witness through how little is actually known about it. Dr. Saathoff said the crushed pills were something Patrick Clancy had seen and reported — “It was Patrick Clancy’s observation,” he told the jury — and that he did not recall having told the jurors earlier that the powder was antipsychotic medication. Asked whether the police had ever established what it was, he said he was not aware of any testing, and he said nothing else recovered from the room bore it out: no pill press, and no residue anywhere but the glass. “There’s no investigation by the police to determine what was in that powder, right?” Reddington asked. “Not that I’m aware of,” Dr. Saathoff said. The Boston Globe describes the vessel as a wine glass; NBC News describes the allegation as pills crushed into lemonade as part of an attempt on her own life. Boston Globe, 12:07 p.m.; NBC News, 12:12 p.m.
- WHAT HER HUSBAND TOLD HIM, AND THE ONE THING THE HOUSE DID NOT BEAR OUT. Dr. Saathoff told the jury he heard no exchange between the defendant and her husband on the 911 recording, but that Patrick Clancy had told him separately that she said she had tried to kill herself. He said there was blood on the floor of their bedroom and could not recall whether there was any on the doorknob. Reddington told him that he and Patrick Clancy had taken medication bottles from a nightstand drawer beside the bed a couple of days after the killings, then asked whether someone in a psychotic state can hold a memory of something that never happened. Could such a person misremember something, Reddington asked, or hold a false memory; the witness said yes to the first and “it’s possible” to the second. The instance he had in mind was the second-floor window the defendant went out of: she had told investigators she cut the screen with a knife before she jumped, and there was no sign the screen had been cut at all. Asked whether he took that for malingering or a deliberate lie, Dr. Saathoff said no. The defense's point, on the Boston Globe's reading of it, was that she was misremembering the details of what she had done that night. Boston Globe, 12:07 and 12:10 p.m.
- THE ACCOUNT OF WHAT SHE SAID IN THE HOUSE THAT NIGHT CAME TO HIM FROM HER HUSBAND. NBC Boston records the cross making the foundation of the opinion explicit. Because nothing the defendant said can be made out on the 911 recording, whatever Dr. Saathoff has told the jury about what she said to Patrick Clancy when he got home is what Patrick Clancy told him afterward. The witness agreed she could not be heard speaking clearly anywhere on the call. CT Insider records the same source behind another detail he gave the jury — that the door of the basement office was shut — and one more thing nobody ever established: Kevin Reddington put it to him that the red drops on the bedroom floor looked like blood and were never tested, and he agreed. CT Insider describes the vessel holding the crushed medication as a tumbler; the Boston Globe has called it a wine glass. NBC Boston, 12:12 p.m.; CT Insider, 12:24 p.m.
- HE HAD TRIED TO REACH HER MOTHER AND BEEN TOLD SHE WOULD NOT SPEAK TO HIM. Dr. Saathoff said he never interviewed the defendant's mother, though he had tried: the prosecutors, he said, told him she would not talk to him, and he did not go to Kevin Reddington to ask for the interview himself. The defendant, he told the jury, had wanted him to speak to her family. It came up in support of something he had said on direct — that she kept how badly she was doing from the people closest to her — for which he pointed to a text she sent her mother saying she was fine at a time when she was not. Boston Globe, 12:14 p.m.
- WHETHER HE HAD TOLD THE JURY SHE INVENTED THE VOICE. Kevin Reddington asked the witness to say plainly what his assessment had concluded about the defendant's truthfulness. “I guess you were telling the jury, in your opinion, that she was making stuff up to make herself look like she’s crazy when she killed her children. Is that what you told the jury?” he asked. “I didn’t use those words,” Dr. Saathoff said. “No, you’re a little more finessed than I was,” Reddington answered. The witness accepted that part of what he had set out to determine was whether the defendant was lying about the commands she said she heard — the male voice telling her to kill the children and then herself. Boston Globe, 12:18 p.m.
- THE TEST FOR INVENTED SYMPTOMS WAS RUN, AND IT CAME BACK CLEAN. Dr. Saathoff told the jury that neuropsychologists have instruments for detecting a subject who is exaggerating or making up symptoms, that another of the Commonwealth's experts gave the defendant such a test, and that it found no sign of it, the one exception being her likelihood of suicide. Asked by Kevin Reddington whether that meant she was not malingering, he said yes. He went further on the defense's own witness: Dr. Phillip Resnick, he told the jury, is a renowned authority on malingering, and Resnick's conclusion was that the defendant had not been lying in any way. Boston Globe, 12:19 p.m.
- A VOICE FROM OUTSIDE THE HEAD, AND WHAT THE DEFENSE'S OWN EXPERT HAS WRITTEN ABOUT THAT. Dr. Saathoff told the jury the defendant described the voice as coming from outside her, and that for some psychotic people the voices are heard from within instead. Kevin Reddington then put in front of him a paper on hearing voices with Dr. Phillip Resnick among its authors — the defense's forensic psychiatrist — which has it that voices are usually heard inside the head and that hearing one from outside is the unusual case. Boston Globe, 12:25 p.m.
- TWO CHILDREN WERE IN THE HOUSE, AND EITHER COULD HAVE BEEN EATING. The cross went back to what Dr. Saathoff had told the jury on Tuesday, when he treated the defendant's account of the hours before the killings as unreliable. She had told him she was taking chicken nuggets from the refrigerator for the children when a man's voice began telling her to kill them; Patrick Clancy's account was that Dawson was already eating nuggets before he left the house for a prescription and takeout, which the witness offered as a sign that she was not a reliable narrator of her own evening. Reddington's answer on Wednesday was that there were two young children in the house, and the food could as easily have been for the other one. Boston Globe, 12:26 p.m.
- A REPORT OF A VOICE COMING FROM OUTSIDE THE HEAD CAN STILL BE A TRUE ONE. Having put Dr. Phillip Resnick's paper to the witness, Kevin Reddington asked him whether a patient who says she heard a voice from outside herself can be reporting it honestly. Dr. Saathoff answered that she can. Boston Globe, 12:30 p.m.
- THE LAST QUESTION OF THE CROSS-EXAMINATION WAS THE COMMONWEALTH'S OWN OPENING STATEMENT. Kevin Reddington read the witness what the prosecution had told the jury when the trial began — Shanan Buckingham's statement that the defendant made the selfish choice to kill her children and herself because she was tired of the life she was living, and that she had manipulated the providers she went to for anxiety, depression and insomnia. NBC News records the passage as also charging her with looking for quick fixes, dropping the treatments she did not care for, and deciding she did not want to try any more. Reddington asked him whether his own opinion supported it: “Do you agree that it would support your contention, sir, or it would not?” “Well there's a lot in that,” Dr. Saathoff said. “I think that statement you read really minimizes what she was going through.” Reddington had no further questions. Boston Globe, 12:30 and 12:38 p.m.; NBC News, 12:38 p.m.
- THE REDIRECT OPENED ON THE YEARS HE HAS SPENT IN PRISONS. Jennifer Sprague took the witness back over his own practice for the Commonwealth. Treating and evaluating prisoners, he told her, calls for the best care that can be provided. He said he has treated hundreds of women in custody who were psychotic, and gave the jury what the illness looks like: delusions, false beliefs, hearing voices, disorganized thinking, and difficulty making oneself understood. Boston Globe, 12:33 p.m.; NBC Boston, 12:41 p.m.
- TWO OF HIS OWN PATIENTS HAD BECOME PSYCHOTIC AFTER GIVING BIRTH. Asked on redirect about postpartum psychosis in his practice, Dr. Saathoff described two cases. One was an 18-year-old, who on NBC Boston's account had just had a child, decided against breastfeeding and was put on a medication; the Boston Globe records that she became convinced she had to kill her baby and turned suicidal. The other was a woman in her twenties showing mania and religious delusions about her child. Both, he said, had reacted badly to a particular drug. The accounts read for this index do not name it. Boston Globe, 12:37 p.m.; NBC Boston, 12:41 p.m.
- HE SAW NOTHING IN HER MEDICAL RECORDS CALLING FOR BLOOD WORK. Jennifer Sprague's redirect came to the tests the defense had spent the morning saying were never ordered. Dr. Saathoff told the jury there was nothing in the defendant's medical records that would have required blood testing, and that her thyroid levels were normal when they were checked in November 2022. Asked what his professional interest actually is, after Kevin Reddington's recital of his writing and his work on extremism and terrorism, he said he has been very interested in public psychiatry and that what matters most to him is working with patients. Boston Globe, 12:42 p.m.
- ABOUT ONE PATIENT IN A THOUSAND GETS THE RASH SHE WAS AFRAID OF. On redirect Dr. Saathoff took up Lamictal, the mood stabilizer the defendant declined because of the serious rash it can cause. He put the risk at roughly one in a thousand, and said starting low and building the dose slowly lowers it further. It is now among the most widely used mood stabilizers in bipolar disorder, he told the jury, and the low starting dose Dr. Jennifer Tufts wrote for her was the standard one. Boston Globe, 12:45 p.m.
- HER SLEEP GOT BETTER AT MCLEAN, AND SHE TOLD HER MOTHER SO. Jennifer Sprague's redirect turned to the insomnia the diagnosis rests on. Dr. Saathoff told the jury the defendant was sleeping better while she was being treated at McLean Hospital in early January 2023, and that later the same month she texted her mother that her sleep had improved. He put the anxiety and insomnia she reported back to September 2022, and said a clinician had noted that autumn that she was finding her children harder work as they got older. Boston Globe, 12:50 p.m.
- THE PRESCRIBING HE WAS BROUGHT IN TO REVIEW WAS, HE SAID, REASONABLE. Asked about the care Dr. Jennifer Tufts gave the defendant over several months, Dr. Saathoff said he had no objection to any of it: the medications were appropriate, and “I felt that the prescribing was very reasonable.” Tufts saw her more than once a week at times and was “very responsive” to what she raised, he told the jury. He said the defendant had severe insomnia while she was on Zoloft and that Tufts took her off it, and that taking her off it was itself a reasonable call. Boston Globe, 12:50 p.m.; NBC Boston, 12:57 p.m.
- THE PRESCRIPTION HISTORY RAN BACK YEARS BEFORE THE ANXIETY THAT SENT HER TO DR. TUFTS. Dr. Saathoff took the jury through the drugs the defendant had been given over time. She had been on Prozac several years earlier, and was prescribed Zoloft after Dawson was born but stopped taking it once the anxiety eased. The anxiety after Callan's birth was the more serious of the two, he said, and it was that which took her to Dr. Jennifer Tufts. When the Zoloft left her unable to sleep, Tufts stopped it and started her on Ativan and Benadryl instead; the defendant, he said, was worried about becoming addicted to the Ativan. Boston Globe, 12:56 p.m.
- THE CRISIS LINE DID NOT HANG UP ON HER, THE COMMONWEALTH HAD THE WITNESS SAY. Kevin Reddington's cross had left the jury with a service that, as he put it, did nothing for her. Jennifer Sprague went back over the same two calls on redirect. Dr. Saathoff agreed that the defendant reported suicidal thoughts but described no plan, that nobody at the Aspire line hung up on her or turned her away, and that the team sent her resources and recommended a day program, a partial hospitalization program or an inpatient stay. NBC Boston, 1:06 p.m.; NBC News, 1:08 p.m.
- THE HOSPITAL THAT WOULD NOT TAKE HER OFFERED HER SOMEWHERE ELSE TO GO, HE SAID. Women and Infants Hospital did not accept the defendant into its postpartum program, and the defense has made that refusal part of its case. On redirect Dr. Saathoff told the jury the hospital put several other kinds of treatment in front of her instead, and that she said she would take them to her own provider — which, on the provider's notes as he read them, she did not do. Boston Globe, 1:03 p.m.
- THE HORMONAL CHANGE THE DEFENSE RELIES ON WAS, ON HIS EVIDENCE, BEHIND HER BY JANUARY. Dr. Saathoff put the end of breastfeeding at October 2022 and said he would not expect the defendant to have still been dealing in January 2023 with the hormonal shifts that follow it. Boston Globe, 1:09 p.m.
- WHAT SHE SAID WHEN HER HUSBAND FOUND HER COMES TO HIM FROM HER HUSBAND. What Dr. Saathoff knows of the moment her husband came upon her outside comes from Patrick Clancy. On that account, she made it plain to him straight away that she had attempted suicide, and the call to the emergency line followed. Boston Globe, 1:09 p.m.
- HE COULD NOT SAY WHEN THE PILLS ON THE GLASS WERE CRUSHED. The crushed medication is the evidence that she tried to kill herself that night, and the cross had taken it apart. Asked about it on redirect, Dr. Saathoff said he does not know when she crushed them. Boston Globe, 1:09 p.m.
- THE COMMONWEALTH OFFERED THE JURY A REASON SHE COULD BE HEARD ONLY GRUNTING. Kevin Reddington's cross had made much of the 911 recording, on which nothing can be made out from the defendant beyond sounds. On redirect Dr. Saathoff said that someone who is hurt, and particularly someone who has overdosed, can lose ground very quickly, so she could have been able to speak to her husband in the minutes before he dialed and not while he was on the line. CT Insider has him also telling the jury that he did not know what time the 911 call was placed, and adds that earlier evidence had Patrick Clancy calling 911 when he found her outside and not going to look for the children until the responders arrived. NBC News, 1:19 p.m.; CT Insider, 1:19 p.m.
- HE SAID THE TREATING PSYCHIATRIST HAD ROOM FOR HER BECAUSE SHE WAS NEW IN PRACTICE. Dr. Saathoff told the jury on redirect that Dr. Jennifer Tufts was able to see the defendant quickly and often because she was a new psychiatrist, and that her plan of treatment looked reasonable to him. CT Insider, 1:19 p.m.
- NEITHER HER PARENTS NOR HER SISTER SAT FOR AN INTERVIEW WITH HIM. The last of the redirect went to the family members the defense said he had never spoken to. Dr. Saathoff told the jury he was aware the prosecutors had left a phone message with the defendant's parents asking to arrange an interview and had no reply, and that her sister told investigators she was waiting to hear from Kevin Reddington before agreeing to one, and never gave one. East Idaho News, timing the same passage 1:10 p.m., describes the approach to the family as emails rather than a phone message. Boston Globe, 1:14 p.m.; East Idaho News, 1:10 p.m.
Rulings and objections
- 10:12A question to the Commonwealth's expert was struck. Cross-examining Dr. Gregory Saathoff about the government bodies he has worked for, Kevin Reddington asked him whether it was fair to say he is a “government man.” The prosecutors objected and Judge William Sullivan struck the question. Boston Globe, 10:12 a.m.
- 11:07An objection during the cross-examination was sustained. Kevin Reddington had turned on the witness’s answer that the defendant’s homicidal thoughts were “just voiced” to her husband and her mother, asking whether that was like talking about the Red Sox. The Commonwealth objected and Judge William Sullivan sustained it. NBC News, 11:07 a.m.
- 12:50A defense objection was sustained during the redirect. Jennifer Sprague asked Dr. Gregory Saathoff to say more about a clinician's note from the autumn of 2022 that the defendant was finding her children more challenging, and Judge William Sullivan sustained the objection. Boston Globe, 12:50 p.m.
- 13:09An answer from the Commonwealth's last witness was struck. On redirect Dr. Gregory Saathoff said he was aware that one of the defense's experts teaches medical residents that a person who hears a command hallucination automatically obeys the voice. The answer was struck and the lawyers were called to sidebar. Boston Globe, 1:09 p.m.
- 13:16The defense moved for a required finding of not guilty and the judge denied it. Kevin Reddington made the motion once the jury had left the room, as he had done when the Commonwealth first rested its case, the prosecution opposed it, and Judge Sullivan refused it. East Idaho News, timing it 1:16 p.m., describes the same motion as one for a directed verdict. NBC Boston, 1:21 p.m.; East Idaho News, 1:16 p.m.
- 15:51The jury will be given a manslaughter instruction. Judge Sullivan said he would instruct on manslaughter, and told the lawyers he is inclined to give a single instruction rather than separating voluntary from involuntary. NBC Boston reports him describing wording that would let the jurors weigh evidence of mental impairment or of the taking of prescription medication, which Kevin Reddington said he had no difficulty with. boston.com, writing after the conference had ended, records the instruction as one on manslaughter as a lesser-included offense to the three murder counts, and describes the conference itself as a brief one. East Idaho News has the same ruling, timing it 3:36 p.m. NBC News, writing afterwards, describes the ruling instead as an agreement to instruct on voluntary manslaughter. Boston Globe, 3:51 p.m.; NBC Boston, 3:54 p.m.; NBC News, 4:06 p.m.; East Idaho News, 3:36 p.m.; ABC News, 4:16 p.m.; boston.com, 4 p.m. update.
- 15:51The judge refused to instruct the jury on the quality of the police investigation. He will not give the Bowden charge the defense asked for. CT Insider reports him telling Kevin Reddington he may put the gaps in the investigation to the jury in his closing argument instead. Boston Globe, 3:51 p.m.; CT Insider, 3:53 p.m.; NBC Boston, 3:54 p.m.; East Idaho News, 3:36 p.m.
- 15:54Voluntary intoxication comes out of the charge. Having told the lawyers earlier in the conference that he would strongly consider dropping it because both sides had asked him to, Judge Sullivan said he will not instruct the jury on voluntary intoxication. East Idaho News reports the same refusal. NBC Boston, 3:54 p.m.; East Idaho News, 3:36 p.m.
Procedural
- 09:14Court opened for the day. Judge William Sullivan took the bench a little before a quarter past nine and called counsel to sidebar before the jurors were brought in. East Idaho News times the opening 9:12 and has the defendant answering the judge's good morning from the defense table; NBC Boston reports the sidebar at 9:16.
- 09:17The jury was brought in and asked the daily question about outside coverage. Judge Sullivan put his standard questions to satisfy himself that no juror had seen or heard anything about the case overnight, then greeted them with a line from Henry V — “Once more into the breach, as they say” — as the Boston Globe renders it. NBC News carries the same greeting.
- 09:19The judge told the jury how the rest of the week is expected to run. Once Dr. Gregory Saathoff finishes, Judge Sullivan said, the jurors will be excused for the day and return Thursday, “hopefully” for closing arguments and his instructions on the law. The Boston Globe, which reports the remark, also records that the jury has heard 84 witnesses across the trial, Dr. Saathoff among them.
- 09:55The jury was seen taking notes through the opinion evidence. NBC News, reporting from the courtroom, counted thirteen jurors writing as Dr. Saathoff told them the defendant knew what she was doing.
- 09:59The Commonwealth finished with its last witness and the defense began its cross-examination. Dr. Gregory Saathoff’s direct examination ended on his opinion that the defendant was criminally responsible, and Kevin Reddington rose for the defense. The Boston Globe times the start of the cross 9:59; NBC Boston reports it at 10:04.
- 10:17The lawyers were called to sidebar during the cross-examination. It came as Kevin Reddington was putting Dr. Gregory Saathoff’s publication record to him and produced an article on auditory hallucinations written by the defense’s expert, Dr. Phillip Resnick. When the cross resumed, on NBC Boston’s account, Reddington was asking the witness to confirm the titles of articles he had written himself. Boston Globe, 10:17 a.m.; NBC Boston, 10:19 a.m.
- 11:19The judge called the morning break. Judge William Sullivan stopped the testimony shortly before twenty past eleven, and on NBC Boston’s account called the lawyers to sidebar as he did. NBC News reported that no time was given for the return. Boston Globe, 11:17 a.m.; NBC News, 11:19 a.m.; NBC Boston, 11:20 a.m.
- 11:59Court came back from the morning break and the cross-examination resumed. The break had run about forty minutes. Kevin Reddington picked his questioning of Dr. Gregory Saathoff up where he had left it. NBC Boston, 11:59 a.m.; NBC News, 12:01 p.m.
- 12:00NBC News described the courtroom as the session resumed. The spectator rows had been full through the morning and had a few empty seats by the time court came back; the jurors looked to be following the testimony and taking notes; and the defendant's parents were in court again, with no visible reaction from them. NBC News and NBC Boston both noted a short distraction when a woman came in with a dog, which NBC Boston took to be a service animal. NBC News, 12:00 p.m.; NBC Boston, 10:46 a.m.
- 12:30The lawyers were called to sidebar near the end of the cross-examination. Kevin Reddington put his last question to Dr. Gregory Saathoff after it. Boston Globe, 12:30 p.m.
- 12:33The cross-examination of the Commonwealth's last witness ended and the prosecution began its redirect. Kevin Reddington told the court he was finished with Dr. Gregory Saathoff, and Jennifer Sprague took the witness for the Commonwealth. NBC News describes him as the final witness of the trial. Boston Globe, 12:33 p.m.; NBC News, 12:38 p.m.
- 12:56The lawyers were called to sidebar again during the redirect examination. Boston Globe, 12:56 p.m.
- 13:12The Commonwealth rested, and the evidence in the trial closed. Dr. Gregory Saathoff stepped down and the prosecution rested its rebuttal case. The defense rested on August 21, so there is nothing further to be put before the jury. ABC News, reporting the rest, puts the evidentiary part of the trial at twenty-one days of testimony and eighty-four witnesses. East Idaho News, 1:12 p.m.; Boston Globe and NBC Boston, 1:14 p.m.; ABC News, 1:16 p.m.
- 13:14The jury was sent home for the day. Judge William Sullivan told the jurors they would hear the closing arguments and his instructions on the law in the morning, put the usual warning to them again about coverage of the case and about keeping their minds open, and told them to get a good night's sleep. East Idaho News reports him telling them they would also get the case for their deliberations Thursday. NBC 10 Providence has him marking for the jurors the stage the case had reached: all of the evidence was now in front of them, and what was left was the arguments and the law they would have to apply. NBC Boston, 1:14 p.m.; NBC News, 1:20 p.m.; East Idaho News, 1:14 p.m.; NBC 10 Providence, filed August 26.
- 13:21The lawyers were told to come back at half past two for the conference on the jury instructions. NBC Boston reports that the judge will hear argument there on what the jury is to be told, and says it will be carried; CT Insider describes it as a meeting between the judge and the lawyers, without the jury, on the instructions the jurors will be given before they deliberate. The Boston Globe has the judge calling the lunch recess at a quarter past one and putting the return at about half past two. NBC Boston, 1:21 and 1:36 p.m.; Boston Globe, 1:18 p.m.; CT Insider, 1:29 p.m.
- 15:11Court came back and the charge conference began, about forty minutes later than the half past two the judge had set. The jury was not present. NBC Boston, 3:10 p.m.; East Idaho News, 3:11 p.m.; NBC News, 3:15 p.m.
- 15:12The Commonwealth argued against instructing the jury on intoxication. Judge Sullivan had handed the lawyers a draft of the instructions he might give, and the prosecutor — Shanan Buckingham, on the Boston Globe's account — asked him to tie the intoxication section to the day of the offense and told him there is no evidence of intoxication to a debilitating effect. East Idaho News has her putting it on the defendant's mental state at the time of the killings and calling the medication she was on that day a low dose with no disabling effect. East Idaho News, 3:12 p.m.; NBC Boston, 3:18 p.m.; Boston Globe, 3:30 p.m.
- 15:18The Commonwealth objected to involuntary manslaughter going to the jury. NBC Boston reports the objection to its inclusion, and its post breaks off before it gives a ground. Three other outlets give one, and no two of them agree: East Idaho News has the prosecutor resting the objection on there being no evidence of involuntary intoxication; the Boston Globe has Shanan Buckingham opposing involuntary manslaughter as a lesser offense to the murder counts on the footing that the children were strangled; and CT Insider has her grounding it on an earlier decided case, which it does not name. She may have given more than one. Later in the conference the judge said he would instruct the jury on manslaughter. East Idaho News, 3:15 p.m.; NBC Boston, 3:18 p.m.; Boston Globe, 3:30 p.m.; CT Insider, 3:53 p.m.
- 15:30The Commonwealth asked that no one piece of evidence be given more weight than the rest. It was Shanan Buckingham's last request on the draft: an instruction telling the jurors to treat no single item of evidence as weightier than any other, duplicative material included. CT Insider reports the same request and ties it to the point in the trial at which a piece of evidence was put in. Boston Globe, 3:30 p.m.; CT Insider, 3:53 p.m.
- 15:33The defense asked for changes to the wording on mental disease or defect. Kevin Reddington took issue with the draft's sentence excluding an abnormality shown only by repeated criminal conduct, and asked that where the instructions speak of knowing that conduct is wrong the judge put it as moral wrongdoing instead. The Boston Globe has him seeking a couple of changes to the passage on mental disease or defect and on a defendant's ability to understand the wrongfulness of what they did. CT Insider reports him content with the draft's treatment of mental disease or defect as a legal rather than a medical term, and puts his request on wrongfulness as one to cover moral wrong as well as legal, rather than legal alone. NBC Boston, 3:28 p.m.; Boston Globe, 3:33 p.m.; CT Insider, 3:53 p.m.
- 15:33The defense asked that the jury not be instructed on voluntary drug intoxication at all. Kevin Reddington told the judge he saw no evidence of voluntary intoxication and did not think the instruction was needed, and the Boston Globe has him asking that none be given. NBC Boston reports him making a joke of finding himself on the same side as the prosecution for once. On CT Insider's account he drew the line for the judge between street drugs and the prescriptions in this case — no cocaine, no marijuana — and put it to him as “We don't have any of that here, we just have prescription medication.” NBC Boston, 3:28 p.m.; Boston Globe, 3:33 p.m.; CT Insider, 3:53 p.m.
- 15:33The judge said he would strongly consider dropping the voluntary drug intoxication reference. With both sides now asking for the same thing, Judge Sullivan told the lawyers he would “strongly consider” taking voluntary drug intoxication out of the charge. He did not rule. Boston Globe, 3:33 p.m.
- 15:34The defense asked that involuntary manslaughter go to the jury as a lesser included offense. Kevin Reddington told the judge the evidence supported it, since a juror can find that a defendant had a mental disease or defect and still find she knew what she was doing. NBC Boston has him putting it as a route to agreement for a juror who does not accept the postpartum psychosis case but does think she was overmedicated. Boston Globe, 3:34 p.m.; NBC Boston, 3:50 p.m.; CT Insider, 3:53 p.m.
- 15:34The defense asked for voluntary manslaughter too, and for an instruction on involuntary drug intoxication. On CT Insider's account Kevin Reddington's second route is a verdict resting on extreme mental disturbance rather than on lack of criminal responsibility: a woman made intoxicated by medication she was not misusing, he said, belongs there. The Boston Globe has him tying the same finding to the mental disease, and asking as well that the jurors be instructed on involuntary drug intoxication. East Idaho News records the request compactly, as one for an instruction on both voluntary and involuntary manslaughter. Boston Globe, 3:34 p.m.; CT Insider, 3:53 p.m.; East Idaho News, 3:19 p.m.
- 15:38The defense asked for an instruction that the jury may weigh a deficient police investigation. Kevin Reddington told the judge that where there is evidence of a deficient investigation the jurors can take it into account, and said this one investigated nothing: the blood at the scene was never tested, and on CT Insider's account the window and the screen were left alone and questions about the blood spatter are still open. boston.com quotes the argument itself: “In this case, it wasn’t just a lousy investigation. It wasn’t even an atrocious investigation. It was no investigation,” and “the police — I think we all would agree, even the government — they basically accepted the fact that she strangled the kids, the kids are in the basement, she’s guilty, and we move on.” It is the charge the lawyers call a Bowden instruction. Boston Globe, 3:38 p.m.; NBC Boston, 3:50 p.m.; CT Insider, 3:53 p.m.; boston.com, 4 p.m. update.
- 15:51The Commonwealth answered on the investigation and objected again to involuntary manslaughter. Shanan Buckingham told the judge that testing had been done to identify the defendant's blood on the outside of the house, that the jury had heard enough about why the pill bottles were left on the nightstand that day, and, on CT Insider's account, that the police had photographed the scene. She opposed the Bowden instruction and repeated the Commonwealth's objection to involuntary manslaughter. Boston Globe, 3:51 p.m.; CT Insider, 3:53 p.m.
- 15:51Each side will have up to an hour for its closing argument. Judge Sullivan set the closings for Thursday morning and asked the lawyers how long they wanted. NBC Boston reports Kevin Reddington putting his at about half an hour and the prosecutors at an hour, and the judge giving both sides up to an hour without requiring them to use it. NBC News gives Reddington's answer to the judge as “I’m usually pretty quick. I would say half an hour.” Boston Globe, 3:51 p.m.; CT Insider, 3:53 p.m.; NBC Boston, 3:56 p.m.; East Idaho News, 3:40 p.m.; NBC News, 4:14 p.m.
- 15:51The conference ended and court adjourned for the day. Judge Sullivan told the lawyers he would have a better draft of the instructions for them to look at on Thursday morning, and the sitting ended there. NBC News reports the same close, with the closing arguments to follow in the morning. Boston Globe, 3:51 p.m.; NBC News, 4:14 p.m.
- 15:51Several exhibits that were not yet on file were raised before the sitting ended. NBC Boston reports the lawyers and the judge going over a few pieces of evidence that had not been filed; what he told them to do about it is not part of the account. NBC Boston, 3:56 p.m.