1.Dan Lawler — Direct/Cross/Voir Dire/Redirect/Recross
629 linesBAILIFF: This court is now in session. Please be seated.
COURT CLERK: Good morning, Your Honor. May I proceed?
THE COURT: Yes, please.
COURT CLERK: Your Honor, before the court we have the matter of Commonwealth versus Lindsay Clancy. Ms. Clancy is present. She is represented by Attorney Kevin Reddington, and the Commonwealth is represented by Assistant District Attorney Jennifer Sprague and Assistant District Attorney Shanan Buckingham.
THE COURT: All right. Well, good morning, everyone, and good morning, counsel.
THE COURT: Good morning, Ms. Clancy.
MS. CLANCY: Good morning, Your Honor.
THE COURT: All right. So before we get going, let me talk to counsel about today's schedule and kinda where we go. So if I could see everybody at sidebar, please.
THE COURT: So, we're set for the jury at this point?
BAILIFF: All rise. Jurors entering.
BAILIFF: Hear ye, hear ye, hear ye. All persons having anything to do before the Honorable William F. Sullivan, Justice of the Superior Court, now sitting in Plymouth within the Court of Commonwealth. Draw near, give your attendance, and you shall be heard. God save the Commonwealth of Massachusetts. This court is now in session. Please be seated.
COURT CLERK: Good morning, Your Honor. May I proceed?
THE COURT: Yes, please.
COURT CLERK: Your Honor, before the court today we have the continuation of the jury trial in the matter of Commonwealth versus Lindsay Clancy. Ms. Clancy is present. She is represented by Attorney Kevin Reddington. The Commonwealth is represented by Assistant District Attorney Jennifer Sprague and Assistant District Attorney Shanan Buckingham.
THE COURT: All right. Well, thank you, Madam Clerk. Good morning, everyone.
JURORS: Good morning.
THE COURT: What I'm gonna do, as you know, gonna ask you those questions to make sure everybody was able to follow my instructions, and then at that point, we'll talk a little bit about today's schedule. All right? So we'll get to the questions. First question, has any member of the jury read, seen, heard, or overheard anything from any source about any aspect of this case that would affect your ability to be fair and impartial?
JURORS: No.
THE COURT: All right. Last question, is there any other serious matter of concern bearing on your service as a juror in this case that anybody needs to bring to my attention? All right, great. Thank you for following those instructions. Today, we're gonna continue with the Commonwealth's presentation of evidence. The anticipation is that we will go probably similar to that we had the last couple of days, into the afternoon. All right? And then, after that, before I send you home, I'll talk again with counsel in regards to the schedule for the rest of the week and kinda where we are. All right. So, when you leave here today, you probably have a little bit better idea as to the schedule for the rest of the week and into next week. All right? So, and so with that, I think we'll return to the Commonwealth's case. Attorney Buckingham.
MS. BUCKINGHAM: Your Honor, Commonwealth, Commonwealth would call Daniel Lawler to the stand—
BAILIFF: Stop right here. Raise your right hand, please.
COURT CLERK: Good morning. Do you solemnly swear that the testimony and the evidence you shall give to the court and the jury will be the truth, nothing but the truth?
DAN LAWLER: I do.
COURT CLERK: Thank you, sir. You may have a seat.
BAILIFF: Watch your step.
THE COURT: Hi. Good morning, sir.
DAN LAWLER: Good morning, Your Honor.
THE COURT: All right. Counsel.
MS. BUCKINGHAM: Thank you. Good morning.
DAN LAWLER: Good morning, ma'am.
MS. BUCKINGHAM: Could you please tell the jurors your first and last name?
DAN LAWLER: Yes. First name's Dan, last name's Lawler.
MS. BUCKINGHAM: And where are you employed?
DAN LAWLER: With the Massachusetts State Police.
MS. BUCKINGHAM: What's your rank with the State Police?
DAN LAWLER: Sergeant.
MS. BUCKINGHAM: And how long have you worked for the State Police?
DAN LAWLER: Nine years.
MS. BUCKINGHAM: At some point, did you work in an assignment with the Plymouth County District Attorney's Office as part of the State Police Detective Unit?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And how long were you with the Plymouth County DA's Office State Police Detective Unit?
DAN LAWLER: From March 2021 until June 2025.
MS. BUCKINGHAM: I'm gonna draw your attention back to January of 2023. Do you recall going out or responding to an incident that occurred in Duxbury?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And that was… The incident occurred at 47 Summer Street in Duxbury?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And you're aware that that involved a death investigation where two children had been declared deceased, and at the time there was another child that was being treated at the hospital?
DAN LAWLER: Yes.
MS. BUCKINGHAM: What were you asked to do, or what was the first thing you did in relation to this investigation?
DAN LAWLER: I responded to the South Shore Hospital in Weymouth.
MS. BUCKINGHAM: And why did you go there?
DAN LAWLER: I was advised by my supervisor to respond.
MS. BUCKINGHAM: Okay. And were you aware that a woman by the name of Lindsay Clancy had been transported there to South Shore Hospital?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And when you arrived at South Shore Hospital, was a Duxbury police detective already on scene?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And do you recall who that was?
DAN LAWLER: Detective Maffeo.
MS. BUCKINGHAM: Now—when you, meaning the State Police Detectives Unit, are involved in an investigation, is it common that you would utilize the services of the Crime Scene Services section of the State Police?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And the Crime Scene Response Unit?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And in this case, did members of those two units respond as well to the South Shore Hospital at the time that you were there?
DAN LAWLER: Yes.
MS. BUCKINGHAM: Do you recall who from the Crime Scene Services and the Response Unit responded?
DAN LAWLER: Chemist Maureen Hartnett and Trooper Rose Stoffers.
MS. BUCKINGHAM: Did you have the occasion to observe Lindsay Clancy at the South Shore Hospital?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And she was in the emergency department, correct?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And was she able to speak or was she intubated?
DAN LAWLER: She was unable to speak.
MS. BUCKINGHAM: Did you observe her to have medical equipment and being treated while you were there?
DAN LAWLER: She had medical equipment attached to her person, yes.
MS. BUCKINGHAM: And did you observe her to have injuries, visible injuries?
DAN LAWLER: Yes.
MS. BUCKINGHAM: At the South Shore Hospital, in addition to, you know, speaking to Detective Maffeo and assessing Lindsay Clancy, did you do or serve anything on the hospital themselves?
DAN LAWLER: Yes.
MS. BUCKINGHAM: What did you do?
DAN LAWLER: A preservation notice.
MS. BUCKINGHAM: And what is a preservation notice?
DAN LAWLER: The preservation notice is to preserve the defendant's urine and blood.
MS. BUCKINGHAM: And you provide that to staff at the hospital to ensure that the blood is saved, unless and until a warrant is obtained for that material?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And in addition to serving the preservation order, did you collect some items that were removed from medical staff, that were on Lindsay Clancy, the defendant?
DAN LAWLER: Yes.
MS. BUCKINGHAM: What did you collect or what did they provide you?
DAN LAWLER: It was her clothing and a wedding ring and wedding band.
MS. BUCKINGHAM: If I may approach the witness?
THE COURT: Yes.
MR. REDDINGTON: While she's putting her gloves on, I have no objection to any of this, Judge.
THE COURT: Okay.
MR. REDDINGTON: So, you know.
MS. BUCKINGHAM: As far as, Sergeant Lawler, as far as the items collected, when they are received from the hospital staff, what do you guys do with them?
DAN LAWLER: So it goes... Originally went to Detective Maffeo from Duxbury PD. Then it went to me, and then it was documented by Trooper Rose Stoffers, and then some of it will go to the office or will go out to the crime lab. In this case, went to the crime lab.
MS. BUCKINGHAM: Okay. But as the State Police trooper on scene, the investigator on scene, you at some point retained custody of the item?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And I'm just showing you a paper bag. Is that familiar to you?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And is this the bags that generally the detectives unit or crime scene uses to put particular pieces of evidence inside of it?
DAN LAWLER: Yes.
MS. BUCKINGHAM: Since I just struggled to put the gloves on, I'm just gonna show you the item, if that's okay.
MS. BUCKINGHAM: So I'm showing you one item. Is that familiar to you?
DAN LAWLER: Yes.
MS. BUCKINGHAM: What do you know this item to be?
DAN LAWLER: Not sure.
MS. BUCKINGHAM: Is it a piece of clothing that you obtained from the hospital?
DAN LAWLER: Yes.
MS. BUCKINGHAM: Does it appear to be a woman's tank top?
DAN LAWLER: Yes.
MS. BUCKINGHAM: Right. And are you able to observe some staining on the front, looking close?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And again, it's cut down the middle?
DAN LAWLER: Correct.
MS. BUCKINGHAM: This is how it was received from the hospital?
DAN LAWLER: Yes.
MS. BUCKINGHAM: I would move to admit this tank top as the next exhibit.
THE COURT: All right, that may be admitted.
COURT REPORTER: Exhibit 223.
THE COURT: Thank you.
MS. BUCKINGHAM: Showing you another item. Is that familiar to you?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And what are these?
DAN LAWLER: Jeans.
MS. BUCKINGHAM: And these were also cut and off the defendant and received by the medical staff at South Shore Hospital?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And on these jeans, you see a little bit of staining on the front?
DAN LAWLER: Yes.
MS. BUCKINGHAM: I would move to admit these as the next exhibit.
THE COURT: That may be admitted.
COURT REPORTER: Exhibit 224.
THE COURT: Thank you.
MS. BUCKINGHAM: Just showing you one more item. Is that familiar to you?
DAN LAWLER: Yes.
MS. BUCKINGHAM: Appears to be a woman's bra, correct?
DAN LAWLER: Correct.
MS. BUCKINGHAM: Cut down the middle?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And it has some staining in the front, in the middle where the cuts are?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And is this an item that was collected that was on Lindsay Clancy's body on January 24th, 2023?
DAN LAWLER: Yes.
MS. BUCKINGHAM: Move to admit this as an exhibit.
THE COURT: That may be admitted.
COURT REPORTER: Exhibit 225.
THE COURT: All right. Thank you.
MS. BUCKINGHAM: You indicated there was also some rings that were collected, correct?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And eventually these items were then taken by Forensic Scientist Hartnett, and eventually they get returned to the State Police Detectives Unit, in your experience. Is that fair to say?
DAN LAWLER: Fair to say.
MS. BUCKINGHAM: Now, in addition to going to the South Shore Hospital on January 24th, 2023, did you go to any other hospitals?
DAN LAWLER: Yes.
MS. BUCKINGHAM: Which hospital did you go to?
DAN LAWLER: Boston Children's Hospital.
MS. BUCKINGHAM: And why did you go there?
DAN LAWLER: I was advised to go there by my supervisor.
MS. BUCKINGHAM: Okay. And did you learn that one of the children, Callan Clancy, had been transported to the Boston Children's Hospital?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And were you there to just obtain what his current status was at that time?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And the time that you were there at the Boston Children's on January 24th, fair to say he was still alive but noted to be in critical condition?
DAN LAWLER: Yes.
MS. BUCKINGHAM: Now,
MS. BUCKINGHAM: In the early morning hours of January 25th of 2023, were you aware that a search warrant was obtained for the home of 47 Summer Street in Duxbury?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And in your time with the State Police Detectives Unit and during that time in January of 2023, how did you guys approach the execution of a search warrant?
DAN LAWLER: So the house would've been frozen pending the search warrant being signed. Once it's signed, we begin the execution, and crime scene would document the residence, inside and outside before we would go in.
MS. BUCKINGHAM: Okay. So when crime scene goes in and they document, you're familiar, they use photographs and video, right?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And once they've gone through and documented the scene as it was secured, do you as part of the Detectives Unit team then go in the house to begin search?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And fair to say, there are a lot of hands on deck during something like this?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And in this instance, the Detectives Unit was searching the entire home at 47 Summer Street, including three floors: basement, first floor, second floor, as well as any vehicles that were on the property?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And in addition to people or troopers with the Detectives Unit, were there other local law enforcement also assisting?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And what was your role that night or that morning in the execution of the warrant?
DAN LAWLER: I was the evidence officer.
MS. BUCKINGHAM: And what does that mean?
DAN LAWLER: I document evidence that is located by investigators during the search warrant.
MS. BUCKINGHAM: And so, at that time period when you're executing a search warrant and searching a place like a home, is the information that you know at that point what guides the search?
DAN LAWLER: Yes.
MS. BUCKINGHAM: So you don't know what you're looking for unless you know what happened, right?
DAN LAWLER: Correct.
MS. BUCKINGHAM: So in this circumstance, fair to say the State Police had limited information about what had actually transpired in that house?
DAN LAWLER: Correct.
MS. BUCKINGHAM: But each and every room was searched to your knowledge?
DAN LAWLER: To my knowledge, yes.
MS. BUCKINGHAM: And your role was just to document items that were going to be collected and returned to the State Police Detectives Unit?
DAN LAWLER: To document items that would be collected and need to go back to the State Police Detectives Unit— ... or to the crime lab.
MS. BUCKINGHAM: Okay. And fair to say when the crime lab takes items back to the lab, they have a entirely different process on how to monitor, track them, and inventory the items, correct?
DAN LAWLER: Correct.
MS. BUCKINGHAM: So in this particular warrant execution, did you engage in the search?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And you said you documented what other members of the group found and located where they located it, correct?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And so you, as the evidence officer, were aware that Trooper Rabbitt located some prescription pill bottles in the kitchen that morning, correct?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And so, as the evidence officer, were you responsible for kind of keeping custody of those bottles?
DAN LAWLER: Correct.
MS. BUCKINGHAM: At some later point after those bottles were photographed and collected, did you inventory those bottles?
DAN LAWLER: Yes.
MS. BUCKINGHAM: I'm gonna just show you what's been marked as Exhibit 155, if I may approach the witness.
THE COURT: You may.
MS. BUCKINGHAM: So, Sergeant, just showing you this bag here. It's already been marked Exhibit 155. I'm gonna show you four pill bottles.
MS. BUCKINGHAM: And you can take a look at them. Do they look familiar to you?
DAN LAWLER: Yes.
MS. BUCKINGHAM: Okay. So the first one I'm looking at is labeled Trazodone, and as far as how you inventory these, what do you do when you inventory them?
DAN LAWLER: Just count them.
MS. BUCKINGHAM: Okay. So do you also review the information on the label as to what should be in the bottle or what the original prescription was?
DAN LAWLER: Yes.
MS. BUCKINGHAM: So as far as the Trazodone, it says filled on January 12th, 2023 with 30 in it, and so you counted to determine how many were left, right?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And so fair to say there were 20 remaining in this bottle when you inventoried it?
DAN LAWLER: Correct.
MS. BUCKINGHAM: The Diazepam five milligrams, date filled January 9th of 2023 with 14 as the quantity. You counted what was in this bottle?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And there's two and a half left in there, correct?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And Diazepam two milligrams, date filled January 16th, 2023. It has three listed on there, right, in type?
DAN LAWLER: Yes.
MS. BUCKINGHAM: But there appears to be like a pink mark through it.
DAN LAWLER: Correct.
MS. BUCKINGHAM: Did you put that pink mark on there?
DAN LAWLER: No.
MS. BUCKINGHAM: Would that have been there when the bottle was seized?
DAN LAWLER: It could've been.
MS. BUCKINGHAM: Okay. But regardless of how many it says were supposed—were the quantity, you counted how many were actually in this bottle.
DAN LAWLER: Correct.
MS. BUCKINGHAM: And fair to say there were nine and a half remaining in that bottle?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And the last one, Amitriptyline 10 milligrams. It says date filled January 16th, 2023, quantity 30. And you counted how many were left in this bottle as well?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And there were 22 in this bottle.
DAN LAWLER: Correct.
MS. BUCKINGHAM: And you documented that as this was put into evidence in the State Police?
DAN LAWLER: Yes.
MS. BUCKINGHAM: Did you search in the upstairs master bedroom of the house during the search warrant?
DAN LAWLER: Yes, I assisted with the search.
MS. BUCKINGHAM: Did you locate anything that you documented or collected to take back to the State Police?
DAN LAWLER: Yes.
MS. BUCKINGHAM: In the master bedroom?
DAN LAWLER: Yes.
MS. BUCKINGHAM: What did you locate?
DAN LAWLER: I believe it was a baby monitor and a Google Nest camera.
MS. BUCKINGHAM: Okay. Did you observe the room, the master bedroom?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And did you search in a nightstand that was next to the bed?
DAN LAWLER: I don't recall searching a nightstand next to the bed.
MS. BUCKINGHAM: Were there other investigators that were also in the room searching other areas of the bedroom?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And as far as any additional work you did on this particular investigation, again, fair to say the detective unit works as a team and divides up work and for follow-up?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And you participated in some follow-up investigation by speaking to some witnesses, correct?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And at some point you were also asked to go to the Brigham and Women, Women's Hospital, where the defendant was, following the sheriff's department, keeping watch of her?
DAN LAWLER: Correct.
MS. BUCKINGHAM: Do you recall what day you went there?
DAN LAWLER: I don't recall the exact date.
MS. BUCKINGHAM: Okay. When you went to the Brigham and Women's Hospital, was she in her own room, or was she in like a open area?
DAN LAWLER: She was in her own, her own room.
MS. BUCKINGHAM: When you were there on watch, did you go into the room, or were you outside the room?
DAN LAWLER: Outside the room.
MS. BUCKINGHAM: And as far as your memory of whether anyone else besides medical staff went in there, at any point when you were there at the Brigham Hospital, did you observe another individual come in to visit with her or meet with her?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And were you advised that that person was coming in?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And were you advised that that person was allowed in with a court order?
DAN LAWLER: Yes.
MS. BUCKINGHAM: Okay. When the person went in, did you know if it was an attorney, a doctor, somebody else?
DAN LAWLER: It was not an attorney. It wasn't a doctor. It was, I believe, a psychiatrist.
MS. BUCKINGHAM: And when that person went into the room, did you go in the room as well?
DAN LAWLER: No.
MS. BUCKINGHAM: And where did you stay?
DAN LAWLER: Outside the room.
MS. BUCKINGHAM: And when this man went into the room, did he leave the door open or close the door, if you recall?
DAN LAWLER: I believe it was closed.
MS. BUCKINGHAM: And when he came out, did he speak with you?
DAN LAWLER: I don't recall.
MS. BUCKINGHAM: Okay. But as far as you knew at that time period, that person was permitted to be in there and could close the door?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And you don't know what was said or what was done in that room?
DAN LAWLER: No. No.
MS. BUCKINGHAM: Thank you.
THE COURT: Mr. Reddington.
MR. REDDINGTON: So your position was as a sergeant for the state police on these dates that you testified to?
DAN LAWLER: No, sir. At the time I was a trooper.
MR. REDDINGTON: Trooper.
DAN LAWLER: Yes, sir.
MR. REDDINGTON: You were assigned to the district attorney's office?
DAN LAWLER: Yes, sir.
MR. REDDINGTON: It would be the Plymouth County DA's office, meaning these prosecutors here, right?
DAN LAWLER: Correct, sir.
MR. REDDINGTON: Actually, you have an office in their office, right?
DAN LAWLER: Correct, sir.
MR. REDDINGTON: You don't have to call me sir. So on the first time you got involved with this case was on the evening of, was it the 24th or 23rd?
DAN LAWLER: Tuesday. I think it was the 24th.
MR. REDDINGTON: Okay. And do you recall what time it was that you went there?
DAN LAWLER: To the South Shore Hospital?
MR. REDDINGTON: Yes. I'm sorry.
DAN LAWLER: Approximately 7:30 PM.
MR. REDDINGTON: Now, at that point, you had known obviously that this was a major investigation involving the death of two children and one serious injury to another child. Is that correct?
DAN LAWLER: Correct.
MR. REDDINGTON: The media was absolutely insane all over the location of the house and in the hospitals and everywhere. Isn't that right?
DAN LAWLER: I recall media at the house. I'm not sure about the hospital, sir.
MR. REDDINGTON: Okay. It was a fairly horrific and large, largely attended to, if you will, event. Is that correct?
DAN LAWLER: Yes.
MR. REDDINGTON: And Lindsay was... When you went to the South Shore Hospital, that's where you saw her before she was transferred to the Brigham and Women's, right?
DAN LAWLER: Yes.
MR. REDDINGTON: When you went in to see her at the South Shore Hospital, she was in the emergency room, right?
DAN LAWLER: Yes.
MR. REDDINGTON: Would you agree with me that she was pretty well—she had the intubation tube in her, in her mouth. She had tape on her face. She had her arms all taped up and wires and tubes and everything else, right?
DAN LAWLER: Yes.
MR. REDDINGTON: And it was a very confusing and, quite frankly, shocking sight to walk into that room and see her there in that condition, right?
DAN LAWLER: Yes.
MR. REDDINGTON: And you, about your duty, collected clothing and her wedding band, correct?
DAN LAWLER: Yes.
MR. REDDINGTON: And you went through all that, with the items you seized, and you introduced those into evidence and noted what the government said appears to be stains, but it was blood on her clothing. Is that right?
DAN LAWLER: I would say-
MR. REDDINGTON: It had to be.
DAN LAWLER: Yeah.
MR. REDDINGTON: In your experience?
DAN LAWLER: Yes.
MR. REDDINGTON: Okay. Any shoes? Did she have any shoes, sneakers, slippers, anything like that?
DAN LAWLER: I don't recall shoes. I think, two black socks. I don't recall shoes.
MR. REDDINGTON: Right. And if there were shoes on her person or brought to the hospital, the odds are that when they saved the clothing, they would've saved the shoes as well, right?
DAN LAWLER: Yes.
MR. REDDINGTON: So you took the clothing, and then you went to the Boston Children's Hospital, right?
DAN LAWLER: Yes.
MR. REDDINGTON: And after you left the Boston Children's Hospital, you went back to the house and then assisted in the search of the property with a search warrant?
DAN LAWLER: Yes.
MR. REDDINGTON: And were you the lead investigator at that point, or were you one of the guys just searching?
DAN LAWLER: I was not the lead investigator.
MR. REDDINGTON: But there was a court order, search warrant, right?
DAN LAWLER: Yes.
MR. REDDINGTON: And you, you, meaning collectively you, knew that you had a search warrant that authorized a search for a number of items, including medications or pills or pill bottles, right?
DAN LAWLER: Yes.
MR. REDDINGTON: I don't have to grab this and ask if you saw this. You remember, did see that, didn't you?
DAN LAWLER: I did not recall seeing that, sir.
MR. REDDINGTON: You don't know what, if anything, was inside that item, right?
DAN LAWLER: I don't know.
MR. REDDINGTON: And counsel asked you whether or not it's a collaborative effort on the part of the detective units and that you all collaborate and work together. Can you explain that? Do you report to each other? Do you keep each other advised as to what you get for evidence?
DAN LAWLER: Yeah, so, when we go into a house, we're not familiar with the layout, we'll walk the house and figure out where bedrooms are located, and then essentially we kinda just break up into teams, if you will, and search the residence. As evidence is located, and at that time, as the evidence officer, I would be alerted that, "Hey, there's evidence here. We're gonna document and collect it."
MR. REDDINGTON: Okay. And you videotape the scene, and you take photographs of the areas of different rooms, right?
DAN LAWLER: I do not, but crime scene does.
MR. REDDINGTON: But you were in the house, and you were able to observe the rooms. You could see all sorts of wall hangings and paintings and fingerprints and hand prints and all that stuff on the wall, right?
DAN LAWLER: Yes.
MR. REDDINGTON: Downstairs, you saw in the basement or the finished basement that there was an area that was an office or appeared to be an office. Is that correct?
DAN LAWLER: I don't recall the exact layout of the basement.
MR. REDDINGTON: Do you remember that items were seized from the basement, like a Mac Pro, laptop, something like what I have right here? There were two of them that were seized. You remember that?
DAN LAWLER: Yes.
MR. REDDINGTON: And from your investigation, you're aware that those would have been Pat Clancy's laptops, his business and personal laptop, correct?
DAN LAWLER: At the time, I'm not sure who the laptops belonged to, but I know they were collected.
MR. REDDINGTON: Okay. And how about Lindsay Clancy's, her cell phone? Was that seized, if you know?
DAN LAWLER: I believe that was seized from the master bedroom.
MR. REDDINGTON: From the master bedroom. And was—do you remember, was it located on the bed?
DAN LAWLER: There was a phone located on the bed. I think there was another phone located in a dresser drawer. I'm not sure which phone was what, though.
MR. REDDINGTON: All right. So both of those phones, regardless which one was what, did either one of them have blood on them?
DAN LAWLER: I don't recall.
MR. REDDINGTON: But if you guys were seizing the items in the property, such as the cell phone that had blood on it, in your experience—... you probably would've remembered that, right?
DAN LAWLER: Correct.
MR. REDDINGTON: And you don't remember that?
DAN LAWLER: I don't.
MR. REDDINGTON: Okay. You did notice a lot of blood on the floor and on the walls, on the mirror, on the window ledge, in that area. Is that fair?
DAN LAWLER: I recall blood on the floor, by the mirror, and then blood on the floor going towards that back right window.
MR. REDDINGTON: Okay. At no time did you ever come across or discover a—what do you call it—a Apple Watch, right?
DAN LAWLER: No, sir.
MR. REDDINGTON: And after you all concluded your search of the home, and how long did that take, a couple of hours?
DAN LAWLER: Probably. I don't recall the exact time we concluded.
MR. REDDINGTON: Okay. The next thing you did was to go to the Brigham and Women's Hospital, is that right?
DAN LAWLER: After the search warrant?
MR. REDDINGTON: Yeah. She had asked you a question about Brigham and Women's. I mean, did you do something else in between? I don't know.
DAN LAWLER: I don't recall exactly what I did after the search warrant, but at some point I did go to the Brigham.
MR. REDDINGTON: Okay. Can you tell us when you went to the Brigham?
DAN LAWLER: I don't recall the exact date. I was a-
MR. REDDINGTON: All right. So whatever date you went to the Brigham, you went there for what purpose?
DAN LAWLER: She had transferred to that facility, and it was to maintain custody of her at that point.
MR. REDDINGTON: So you were gonna maintain custody of her?
DAN LAWLER: So the sheriffs, I believed—
MR. REDDINGTON: Right.
DAN LAWLER: ... had custody of her, and then our unit was tasked to facilitate providing coverage over the next couple days.
MR. REDDINGTON: Right. And she was actually in the bed, with all, again, tubes and all sorts of things coming out of her body when you saw her, right?
DAN LAWLER: Yeah, she was in the hospital bed.
MR. REDDINGTON: And she was in, like an emergency room. It was a little small room with a lot of machines in it that took up a lot of space, right?
DAN LAWLER: I don't think she was in the emergency room. She was in one of the floors.
MR. REDDINGTON: One of the floor rooms, but it was an intensive care unit, right?
DAN LAWLER: I believe it could've been the surgical intensive care unit.
MR. REDDINGTON: Surgical intensive care.
DAN LAWLER: Yeah.
MR. REDDINGTON: And when you went there to facilitate custody, who were you facilitating custody for, the DA's office?
DAN LAWLER: Yes, essentially.
MR. REDDINGTON: Okay. And whatever—do you remember how many days? Was it, like, two days, a week, two weeks after the incident that brought you to the house in Duxbury? Do you recall how long it was before you went to the hospital to maintain custody, facilitate?
DAN LAWLER: I don't recall how many days. Maybe two or three. I'm not sure of the exact count.
MR. REDDINGTON: All right. So she had been transferred out of South Shore Hospital. She was transferred to Brigham and Women's Hospital. You went to Brigham and Women's Hospital. I imagine you had to go through security to get in there, right? Well, your badge, right?
DAN LAWLER: At some point, yeah, we were probably assisted with security to get up there.
MR. REDDINGTON: Right. You know, you know that nobody could get access to Lindsay Clancy in that hospital, and I mean nobody, right?
DAN LAWLER: Correct.
MR. REDDINGTON: And this went on for day after day after day, to your knowledge, facilitating, right?
DAN LAWLER: Correct.
MR. REDDINGTON: Her parents couldn't get in to see her, correct?
DAN LAWLER: I don't believe so.
MR. REDDINGTON: She had an attorney that had difficulty, not me, but another guy, that had difficulty getting in to see her. Isn't that right?
DAN LAWLER: I'm not aware of that difficulty.
MR. REDDINGTON: I had to get a court order to get a doctor in there to see her, didn't I?
DAN LAWLER: Yes, there was a court order.
MR. REDDINGTON: And when I got the court order, a doctor came in and met with Lindsay pursuant to that judge's order. And that was Paul Zeizel, correct?
DAN LAWLER: I believe that's the name. I'm not sure if he was a doctor, but I believe that was the gentleman that came on the court order.
MR. REDDINGTON: Okay, 'cause only because in your direct you said that he was not a doctor, but he was a psychiatrist. So I mean, it's just—you knew that he had something to do with head doctor, psychiatrist, psychologist, something like that.
DAN LAWLER: Correct.
MR. REDDINGTON: Okay. Did he have to clear it with you to get into the room?
DAN LAWLER: He checked in with myself and the other trooper. We were advised that he was coming and to let him in on the court order.
MR. REDDINGTON: All right. Now, I wasn't there on that occasion, right?
DAN LAWLER: No.
MR. REDDINGTON: And when Dr. Zeizel, or whoever it was, went into the room to see her, it's your memory that he was allowed to shut the door. Is that correct?
DAN LAWLER: I believe he shut the door.
MR. REDDINGTON: Now, you were involved, you were involved in this investigation pretty intensely working with the DA's office, right?
DAN LAWLER: Correct.
MR. REDDINGTON: Isn't it fair to say that one of the contentions of the district attorneys is that Paul Zeizel, my doctor, that I got a court order to get in to see her, told her to call Pat and tell him that he—that she heard voices?
MS. BUCKINGHAM: Objection.
THE COURT: Can I see counsel in the sidebar in regards to this?
THE COURT: All right, so members of the jury, like I said to you, I think, a couple weeks ago, sometimes I gotta talk to the lawyers for a little bit longer than it takes over here at the sidebar. So this is one of those situations, so I'm gonna ask you to go back to the jury room, just for a couple of minutes, I think, and then we'll bring you right back in, and we'll resume with the testimony. Okay?
BAILIFF: Court, all rise.
BAILIFF: This way, please.
BAILIFF: Jurors have exited the courtroom. This court is in session. Please be seated.
THE COURT: All right. So counsel, what we're gonna do is we'll have—just so the record's clear, the jury's out of the room at this point. We will just conduct a short voir dire on the issue that we talked about over at sidebar. So I'll allow Mr. Reddington to ask questions at this point, and then I'll allow Commonwealth to also ask questions. Go ahead, counsel.
MR. REDDINGTON: Okay. Thank you. So you're in the hospital at Brigham and Women's, correct?
DAN LAWLER: Yes.
MR. REDDINGTON: And when you're there, with the purpose of, obviously, with other law officers who enforce the fact that she's in custody, Dr. Zeizel, or a doctor, came in pursuant to a court order, right?
DAN LAWLER: Yes.
MR. REDDINGTON: All right. And obviously had been cleared through security, and went into the room where Lindsay was laying on the bed, right?
DAN LAWLER: Yes.
MR. REDDINGTON: You don't know, or you don't recall, if he closed the door, or if he kept the door open, or if it was half open. You just don't remember, right?
DAN LAWLER: Yes.
MR. REDDINGTON: Okay. Would you agree with me that in the course of preparing this case for trial, that you have worked and collaborated with the prosecutors, the two district attorneys, correct?
DAN LAWLER: Yes.
MR. REDDINGTON: And you guys would talk about theories of the case and evidence that they want you to run down perhaps as an investigator, or try to obtain, or interviews and things of that nature, right?
DAN LAWLER: Yes.
MR. REDDINGTON: And one of the theories that they had indicated to you is that Patrick Clancy had indicated to the investigators and to the grand jury, I believe, that Lindsay called him from the hospital, right?
DAN LAWLER: I recall that.
MR. REDDINGTON: And that Lindsay used that doctor's cell phone to call him from the hospital, right?
DAN LAWLER: Yes.
MR. REDDINGTON: And they basically had a theory that they wanted to run with that Zeizel told her, Lindsay, to say that she heard voices, right?
DAN LAWLER: I don't know if it's a theory or not. I just recall that conversation at some point.
MR. REDDINGTON: Okay. So when was the conversation?
DAN LAWLER: I don't recall exactly when.
MR. REDDINGTON: Do you remember where—do you remember where the conversation was?
DAN LAWLER: No.
MR. REDDINGTON: You don't... Okay.
DAN LAWLER: I'm assuming at the office. I just don't recall specifically where.
MR. REDDINGTON: And who was it you were talking to?
DAN LAWLER: Probably could've been one of the troopers in the office working the case.
MR. REDDINGTON: One of the troop—is it McKelligan?
DAN LAWLER: Probably. He's the case officer, so I'd imagine it probably would've been him, sir.
MR. REDDINGTON: Probably could've been him?
DAN LAWLER: Yeah.
MR. REDDINGTON: How about any of the prosecutors? You talk to the DAs about that?
DAN LAWLER: I don't recall specifically speaking to a prosecutor about this.
MR. REDDINGTON: Well, how about not necessarily specifically, but do you have any memory of talking to the prosecutor about, quote, this, end quote?
DAN LAWLER: No.
MR. REDDINGTON: So what is it that your memory is that the trooper, whoever it may have been, or the investigator from the state police may have been, what did that person tell you?
DAN LAWLER: That at some point when Lindsay was in the hospital with the doctor and the court order, that she made a phone call to Patrick and they discussed circumstances of the case, and then he was interviewed later on and communicated this phone call to, I believe, Trooper McElligott.
MR. REDDINGTON: And what did McElligott tell you about the conversation? What, the theory or the understanding was that, that—
DAN LAWLER: That during the conversation, Lindsay communicated to Patrick that she had heard voices in her head.
MR. REDDINGTON: And there was also the conversation regarding the psychologist as basically the one that planted that idea in her head, right?
DAN LAWLER: The conversation between Trooper McElligott and I?
MR. REDDINGTON: Yeah.
DAN LAWLER: I don't recall that specifically. I just recall the facts that were communicated to me that there was a phone call between Lindsay and Patrick.
MR. REDDINGTON: Okay, you already said that. I know, and I apologize.
DAN LAWLER: No.
MR. REDDINGTON: I don't mean to cut you off, but let's cut to the chase.
DAN LAWLER: Yeah.
MR. REDDINGTON: What I'm asking you are voices. You know what that means when someone hears voices, right?
DAN LAWLER: Yes.
MR. REDDINGTON: You may not hear voices, I may not hear voices, but some people might hear voices, right?
DAN LAWLER: Yeah.
MR. REDDINGTON: That was discussed with McElligott, wasn't it?
DAN LAWLER: Yes.
MR. REDDINGTON: And what is it that he discussed with you about Lindsay hearing voices?
DAN LAWLER: That that's what she had told Patrick on the phone call.
DAN LAWLER: That she heard voices.
MR. REDDINGTON: And when she told Patrick that she heard that on the phone call, the prosecution determined that it was Zeizel, or whoever that doctor was you don't recall, that told her to say that for some type of a defense, right?
DAN LAWLER: I don't know what the prosecution determined. All I can say, that's what I recall the conversation between Lindsay and Patrick.
MR. REDDINGTON: Okay. About when she said—
DAN LAWLER: The voices.
MR. REDDINGTON: The voices.
DAN LAWLER: Yeah.
MR. REDDINGTON: And the conversation also included the fact that it was the psychologist that planted that idea in her mind. That's the theory, isn't it?
DAN LAWLER: That would be the theory, but I don't recall having that—
MR. REDDINGTON: So wait, wait, wait. Your answer is, that would be the theory, right?
DAN LAWLER: Correct.
MR. REDDINGTON: Okay.
DAN LAWLER: Agreeing with you that that's what was discussed.
MR. REDDINGTON: All right. And this would be you and Mc— is it McElligott?
DAN LAWLER: McElligott.
MR. REDDINGTON: McElligott.
DAN LAWLER: Yes, sir.
MR. REDDINGTON: And you're unable to assist us, though, with any of the detail. You do recall that there was a conversation about that?
DAN LAWLER: Correct.
MR. REDDINGTON: And in the conversation, it was about the conversation that Lindsay had with her husband indicating about voices, right?
DAN LAWLER: Correct.
MR. REDDINGTON: Using the psychologist's cell phone, right?
DAN LAWLER: Correct.
MR. REDDINGTON: And there was an indication that the psychologist told her to basically say that. You just told us, yes?
DAN LAWLER: Yes.
MR. REDDINGTON: Okay.
DAN LAWLER: Yeah.
MR. REDDINGTON: That's all I have.
THE COURT: Attorney Buckingham.
MS. BUCKINGHAM: Sergeant Lawler, at the time that you were at the Brigham Hospital, and at the time the doctor came in, you didn't know anything about a theory of the case, correct?
DAN LAWLER: No.
MS. BUCKINGHAM: And you didn't know or overhear anything in—outside that room about conversations between the doctor and the defendant, did you?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And you indicated that you never had a conversation with the prosecution about their theory of the case, did you?
DAN LAWLER: Did not.
MS. BUCKINGHAM: So anything that you recall was simply conversation with another trooper in the unit?
DAN LAWLER: Correct.
MS. BUCKINGHAM: And as you sit here in your testimony today and testify about your memory of that particular night—
DAN LAWLER: Mm-hmm.
MS. BUCKINGHAM: … is anything about that conversation with Sergeant McElligott guiding your testimony?
DAN LAWLER: No.
MS. BUCKINGHAM: You changed, or has your memory changed as to that incident after you had this conversation with Trooper McElligott?
DAN LAWLER: No.
MS. BUCKINGHAM: Sergeant McElligott. And in fact, you don't know anything about whether there's any evidence about Dr. Zeizel giving, or prompting the defendant to have that conversation with her husband, do you?
DAN LAWLER: No.
MS. BUCKINGHAM: All you know factually is what came out of the investigation from what Patrick said the call was and who he said the call was from, and how the call occurred. Correct?
DAN LAWLER: Correct.
MS. BUCKINGHAM: Thank you.
MR. REDDINGTON: So if I may, Judge?
THE COURT: Yeah, please.
MR. REDDINGTON: So basically, my contention is that you're obviously up here testifying as honestly as you can. It's pretty apparent, right?
DAN LAWLER: Yes.
MR. REDDINGTON: And you're very consistent with your oath, and you understand that it's important. And you're trying to... It may be difficult, but you're trying to explain what your memory is about conversation with the lead investigator, McElliott, right?
MR. REDDINGTON: I mean, you're trying to tell us what your memory is, right?
DAN LAWLER: Yes.
MR. REDDINGTON: So your testimony pertains to your conversation with the lead investigator, McElliott. It's got nothing to do with the fact that you don't recall this or you don't recall that. What you've testified to is for the judge to consider, right?
DAN LAWLER: Yes.
MR. REDDINGTON: Okay. That's all I have.
THE COURT: All right. All right. Why don't we do this? I'm gonna take about a 10-minute break at this point.
MR. REDDINGTON: Okay.
THE COURT: And we'll come back out, and we will resume cross-examination.
MR. REDDINGTON: Thank you.
THE COURT: Okay.
BAILIFF: Court, all rise. All rise, please.
BAILIFF: Court, all rise. Jurors entering.
BAILIFF: This court's now in session. Please be seated.
COURT CLERK: Your Honor, for the purpose of the record, Your Honor, may I call upon the Commonwealth versus Lindsay Clancy. All parties are present, including the defendant and including the 18 jurors.
THE COURT: All right. Members of the jury, thanks for your patience. We were able to deal with that issue. And so we're gonna return now to the cross-examination. We're still gonna take a morning break, as I've told you before. Might just be a little bit affected by the fact that we just took that—that you took that break. We didn't take that break. So with that, we're gonna return to the cross-examination.
MR. REDDINGTON: Thank you.
THE COURT: Mr. Reddington.
MR. REDDINGTON: So, Sergeant Lawler, we're at the point where you are assisting, if you will, in the custody of Lindsay at Brigham and Women's Hospital, when you observed a doctor enter into that area and ultimately into her room. Is that correct?
DAN LAWLER: Yes.
MR. REDDINGTON: All right. And the door was either closed or open or halfway, you don't recall, which is understandable, but you just don't remember if it was closed completely or open a little bit, right?
DAN LAWLER: Correct.
MR. REDDINGTON: But either way, you weren't eavesdropping or trying to hear anything, were you?
DAN LAWLER: No.
MR. REDDINGTON: And then when the doctor finished talking with Lindsay, at some point you as investigators were aware that the doctor had allowed her to call her husband and use his cellphone to speak to her husband, correct?
DAN LAWLER: I later learned that, yes.
MR. REDDINGTON: And you later learned and knew from the investigation that it was fairly recently to that point that the tubes had been removed from her mouth, and she was able to at least talk to a degree. And then she talked on the phone, correct?
DAN LAWLER: Correct.
MR. REDDINGTON: And after that, fair to say that you did not... When I say you, I mean collectively, all the police officers investigating for the DA's office. You did not see any reports or anything that would indicate what, if anything, was said between Dr. Zeizel and Lindsay in that room, right?
DAN LAWLER: Correct.
MR. REDDINGTON: And who is Sergeant... Is it McKelligan?
DAN LAWLER: Sergeant McKelligan. Yes, sir.
MR. REDDINGTON: And Sergeant McKelligan, Joshua?
DAN LAWLER: Yes.
MR. REDDINGTON: He's the lead investigator in this case. Is that correct?
DAN LAWLER: Correct.
MR. REDDINGTON: And at the time, he was a sergeant and you were a trooper, right?
DAN LAWLER: At the time, we were both troopers.
MR. REDDINGTON: Oh, both troopers. Okay, so you both got promoted. And he, as the lead investigator, told you in a conversation, or perhaps more than one, that the government theory is that Dr. Zeizel told Lindsay to say to her husband that she heard voices, right?
MS. BUCKINGHAM: Objection, form-
THE COURT: Yeah. If you can rephrase that, and re...
MR. REDDINGTON: Okay. Did you talk to McKelligan about the theory that Dr. Zeizel is the reason that she told her husband that she heard voices?
DAN LAWLER: Yes.
MR. REDDINGTON: And do you remember where or when that conversation occurred, or how many times that you guys discussed that?
DAN LAWLER: I believe it would've been at the office. I don't recall exactly when.
MR. REDDINGTON: Okay. And there's no investigator basis for that. That's McKelligan's speculation. Is that correct?
DAN LAWLER: Correct.
MR. REDDINGTON: When you went there, and you observed Lindsay after the doctor left, she's still obviously in the bed because she's paralyzed, right?
DAN LAWLER: Correct. She was still in the bed.
MR. REDDINGTON: Was she restrained by either soft restraints or handcuffs or whatever? Do you remember, were her hands or her wrists restrained to the bedpost or-
DAN LAWLER: Don't recall specifically restraints.
MR. REDDINGTON: Okay. And you mentioned that the State Police were there. That would be people that were obviously working with you, right?
DAN LAWLER: Correct.
MR. REDDINGTON: And do you remember how many State Police were there that you were coordinating or assisting?
DAN LAWLER: Per shift, it was two of us.
MR. REDDINGTON: Two?
DAN LAWLER: Yes, sir.
MR. REDDINGTON: Okay. And also, there were sheriffs from the Plymouth County Sheriff's Department that were there, right?
DAN LAWLER: So we relieved the sheriffs.
MR. REDDINGTON: Okay. And how many sheriffs did you relieve?
DAN LAWLER: I don't recall exactly. Probably two, though.
MR. REDDINGTON: Okay. And how about Duxbury Police? Do you recall the Duxbury Police being there?
DAN LAWLER: I do not recall Duxbury Police there.
MR. REDDINGTON: How about the security cops for the hospital? Do you recall them being there, either in the room or outside the room?
DAN LAWLER: I don't recall them being outside the room.
MR. REDDINGTON: Do you recall coordinating with the security boss, the head guy for the hospital security?
DAN LAWLER: I recall having some assistance at some point from security to get up there.
MR. REDDINGTON: Okay. And do you remember how many days it was that you were assisting in the custody situation of Lindsay before she was allowed to have family and me and different people visit with her?
DAN LAWLER: I don't recall exactly how many days.
MR. REDDINGTON: About a week maybe or less or longer?
DAN LAWLER: Less, less than a week.
MR. REDDINGTON: Less than a week?
DAN LAWLER: I think, yeah. I don't remember exactly at all.
MR. REDDINGTON: And even though she was allowed to have visitors, still the police presence was there. Is that correct?
DAN LAWLER: After I left, I'm not sure after I left what the visitation was like.
MR. REDDINGTON: So when you say after you left, you mean when you left the hospital, or you mean after you were finished with your tasked duty of dealing with her security and being under arrest?
DAN LAWLER: Correct. After my assigned shift, I don't—
MR. REDDINGTON: So after you were involved, obviously you don't know what happened after that?
DAN LAWLER: Correct.
MR. REDDINGTON: Okay.
MR. REDDINGTON: That's all I have. Thank you, sir.
DAN LAWLER: Thank you, sir.
THE COURT: All right. Redirect, Ms. Buckingham?
MS. BUCKINGHAM: Sergeant Lawler, in your experience working in the detectives unit as a trooper, is it fair to say you oftentimes will have conversations as investigations are unfolding with other investigators that you're working on a case with about the case, potential evidence, theories of the case?
DAN LAWLER: Yes.
MS. BUCKINGHAM: And is also fair to say that theories change over time based on your investigation and what evidence you find?
DAN LAWLER: Correct.
MS. BUCKINGHAM: Is there anything about a conversation that you had with Trooper McKelligan about this theory that affects your testimony as you stand here today?
DAN LAWLER: No.
MS. BUCKINGHAM: And you didn't hear anything that occurred in that room that day that you were there when Dr. Zazove was there, did you?
DAN LAWLER: I did not hear anything.
MS. BUCKINGHAM: Nothing further.
MR. REDDINGTON: Just briefly. Well, your testimony, basically, unobjected to, is talking about clothes that were seized at the house and the other investigation going to the hospital. That's it, right?
MS. BUCKINGHAM: Objection, beyond the scope.
THE COURT: Sustained. All right. All right, anything further? All right. Thank you, sir.
DAN LAWLER: Thanks, Your Honor.
THE COURT: Thank you.