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2026 Criminal TrialtranscripttranscriptPaul Zeizel — Cross (Part 3) - Day 16 - 2026 Criminal TrialShanan Buckingham cross-examines Paul Zeizel about his impartiality, record review, medication details, and reported command hallucinations. Hospital excerpts and his early news-conference comments are admitted as exhibits.
Shanan BuckinghamKevin ReddingtonWilliam SullivanPaul ZeizelTHE COURTMS. BUCKINGHAMPaul ZeizelMR. REDDINGTONCourt ReporterAudio Recordingcross
2026 Criminal Trial/Day 16/August 19, 2026
4 pages·2 witnesses·1,546 lines
Paul Zeizel gave his criminal-responsibility opinion and faced questions about his sources, independence, and public comments. Outside the jury's presence, the judge excluded proposed testimony about McLean Hospital practices while permitting the defense to submit staffing and program records.
CrossCrossPaul Zeizel — Cross-Examination Paul Zeizel Shanan Buckingham
125:45

THE COURT: All right, Commonwealth.

226:07

MS. BUCKINGHAM: Good morning, sir.

326:08

PAUL ZEIZEL: Good morning.

426:14

MS. BUCKINGHAM: So, yesterday, when you first took the stand, Attorney Reddington asked you a little bit about your background. You recall that?

526:25
626:25

MS. BUCKINGHAM: And you, in this field of being a psychologist and a forensic psychologist, you circulate a curriculum vitae where all that is outlined, right?

726:40
826:40

MS. BUCKINGHAM: And, fair to say, you testified yesterday, and on your curriculum vitae, you speak briefly about the fact that you have previously testified for the Commonwealth, you said, as well as for the defense, correct?

926:56
1026:57

MS. BUCKINGHAM: You referred to defendants and respondents, right?

1127:01
1227:02

MS. BUCKINGHAM: And so one of the things that you've done in the past is to be what's called a qualified examiner, right?

1327:10
1427:10

MS. BUCKINGHAM: You aren't currently, not actively doing those examinations, are you?

1527:16

PAUL ZEIZEL: I actually have done one, but I don't actively do that anymore.

1627:20

MS. BUCKINGHAM: Okay. And so in those respects, is that when you say you testify for the Commonwealth, is that primarily the work that you would do where you say you testify for the Commonwealth?

1727:30
1827:31

MS. BUCKINGHAM: And in those evaluations that you do, is it fair to say that you're actually an independent contractor with a company that contracts with the Department of Correction on those cases?

1927:45

PAUL ZEIZEL: Those are what qualified examiners are, that's correct. That's how you become a qualified examiner, three- through the DOC.

2027:51

MS. BUCKINGHAM: Right. And you're... But, an examiner, a qualified examiner, is retained or takes work in doing evaluations in order to perform independent assessments, are they not?

2128:04
2228:04

MS. BUCKINGHAM: So they're not hired by the Commonwealth.

2328:07

PAUL ZEIZEL: They are, because the company that retains the qualified examiners is hired by the Commonwealth, and these forensic psychologists are then appointed cases to do these types of examinations. So it's under the big umbrella of the Commonwealth.

2428:25

MS. BUCKINGHAM: So, yeah, big umbrella Commonwealth, meaning Department of Correction, an agency that is under the seal of the Commonwealth of Massachusetts. But as far as when we talk about Commonwealth, like Commonwealth versus Lindsay Clancy, that's the prosecution. In those proceedings, the Department of Corrections sometimes is the moving party, right?

2528:44
2628:44

MS. BUCKINGHAM: And sometimes it's the district attorney's office who's the moving party.

2728:47
2828:48

MS. BUCKINGHAM: But it's never the defendant who's the moving party.

2928:52
3028:53

MS. BUCKINGHAM: And in those types of proceedings, sometimes if you opine a person is what they call sexually dangerous, you would testify for the Commonwealth, right?

3129:03
3229:03

MS. BUCKINGHAM: And if they're not, or if you find they're not sexually dangerous, you'd testify for the respondent.

3329:09

PAUL ZEIZEL: Yes. We're neutral.

3429:11

MS. BUCKINGHAM: So you're not—

3529:11

PAUL ZEIZEL: I testify with the facts.

3629:12

MS. BUCKINGHAM: ...testifying for the Commonwealth. You're in, as in the prosecution, you're testifying under the big umbrella of the Commonwealth.

3729:21

PAUL ZEIZEL: I think it's a matter of semantics, because if you do an evaluation, and you render an opinion that this patient is sexually dangerous, when you testify, you are working with the district attorney's office, and you review your case with the DA. And the way I see it is that you're testifying for the Commonwealth as an independent examiner. But on that day, you are testifying for the Commonwealth or that DA's office.

3829:49

MS. BUCKINGHAM: And you haven't done that work in, mm, closely rough, a decade, fair to say?

3929:54

PAUL ZEIZEL: No, that's not true.

4029:56

MS. BUCKINGHAM: Well, pre-pandemic, correct?

4129:58

PAUL ZEIZEL: That's not true.

4229:59

MS. BUCKINGHAM: So when was the last time you testified for the Commonwealth, meaning the prosecution, in an SDP proceeding?

4330:07

PAUL ZEIZEL: So I was assigned a case through Suffolk County, the Sexual Dangerousness Unit, by ADA Kelly Ryan, K-E-L-L-Y. And I did that evaluation on July 2nd, 2026.

4430:26

MS. BUCKINGHAM: And have you testified at a probable cause hearing for that?

4530:29

PAUL ZEIZEL: No. I wrote a report which was in lieu of testifying.

4630:33

MS. BUCKINGHAM: Where you opined that somebody was sexually dangerous?

4730:37
4830:38

MS. BUCKINGHAM: Okay. Fair to say, though, the majority of your work here in Massachusetts over the last few years is contracted with the Committee for Public Council Services, correct?

4930:48
5030:49

MS. BUCKINGHAM: And for the fiscal year of 2024, you were paid by CPCS and the open checkbook for approximately $340,000 worth of time and work?

5131:01

PAUL ZEIZEL: That's about right. We get paid a fixed rate. It's a government rate that's assigned to all examiners.

5231:07

MS. BUCKINGHAM: And for the fiscal year of 2025, it was approximately three hundred thousand that you were paid through the Committee of Public Council Services?

5331:15

PAUL ZEIZEL: That sounds about right.

5431:20

MS. BUCKINGHAM: You also indicated yesterday that you have known Attorney Reddington for a number of years, correct?

5531:26
5631:26

MS. BUCKINGHAM: Fair to say you've done quite a bit of work with him over the years?

5731:32

PAUL ZEIZEL: That's an expansive term, but I work with him—

5831:36

MS. BUCKINGHAM: It just requires a yes or a no.

5931:37
6031:38

MS. BUCKINGHAM: Okay. And you've also testified that you have your doctorate in clinical psychology, right?

6131:46
6231:46

MS. BUCKINGHAM: And you testified yesterday, or you told us a lot about your military experience, but as you sit here today, you are not a prescriber of medications here in the Commonwealth, are you?

6331:58

PAUL ZEIZEL: I am not.

6431:59

MS. BUCKINGHAM: You do not have a—

6531:59

PAUL ZEIZEL: And I was not, I was not yesterday either when I was asked about that.

6632:03

MS. BUCKINGHAM: Right. You just... You told us all about your experience in the military and having that limited ability to prescribe years ago. But as far as you sit here today, and in your evaluations that you do today, you don't do forensic psychiatry evaluations, do you?

6732:18

PAUL ZEIZEL: I just... That's correct. But I just wanna clarify for a point of accuracy. I was not in the military. I worked for the Department of State.

6832:26

MS. BUCKINGHAM: I believe I said you work with the military, but thank you. So in, here in Massachusetts, you conduct primarily forensic psychol- or you conduct evaluations in forensic psychology, correct?

6932:43

PAUL ZEIZEL: Yes, for the most part.

7032:44

MS. BUCKINGHAM: Okay. And you are aware that there are particular standards for forensic psychologists working within the criminal justice system, right?

7133:00

PAUL ZEIZEL: Yes, but just to be a little more clear, forensic psychologists such as myself also work for police departments doing evaluations for fitness for duty. So although, though they're law enforcement, they're not engaged or accused of any criminal activity.

7233:18

MS. BUCKINGHAM: Well, I'm referring to your role when you come into the court and you testify as you are today as a forensic psychologist. That's what I'm referring to. You're aware that there are particular standards in place by, the ABA Criminal Justice Mental Health Standards is one of them, right? You're familiar with that?

7333:37
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MS. BUCKINGHAM: And you're familiar with the American Psychological Association Specialty Guidelines for Forensic Psychology?

7533:44
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MS. BUCKINGHAM: And fair to say that with those standards, they're not required, but people are encouraged to follow them, right?

7733:56

PAUL ZEIZEL: I think that's fair to say.

7833:58

MS. BUCKINGHAM: And the criminal justice, the ABA Criminal Justice Mental Health Standards actually identify the different types of roles that forensic evaluators have in the criminal justice system, including evaluating, consulting, and treating, right?

7934:16
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MS. BUCKINGHAM: And so, fair to say standard seven dash one point three indicates that for evaluative experts, the obligation is to make a thorough and impartial assessment based on sound evaluative methods to reach an objective opinion. Would you agree with that?

8134:33
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MS. BUCKINGHAM: And so, again, in the American Psychological Association Specialty Guidelines, section one point zero two indicates that forensic practitioners strive to be unbiased and impartial and avoid partisan presentations of unrepresentative, incomplete, or inaccurate evidence. Would you agree with that?

8334:55
8434:56

MS. BUCKINGHAM: Is that a standard you strive to follow?

8534:58
8634:59

MS. BUCKINGHAM: Okay. In this case, you indicated that you've been with the case since February 4th of the year 2023, correct?

8735:10

PAUL ZEIZEL: Yes. Forty-one months.

8835:12

MS. BUCKINGHAM: And you've authored a report, you said, in June, I believe, of 2026, correct?

8935:19
9035:19

MS. BUCKINGHAM: But you've also offered other reports or updates of the defendant's condition over the years. Is that fair to say?

9135:27
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MS. BUCKINGHAM: And you provided a report, an update I should say, in July of 2025.

9335:38
9435:38

MS. BUCKINGHAM: Do you recall that?

9535:42

MS. BUCKINGHAM: And in that report, you identify that as of July 23rd, 2025, that the defendant was residing at Tewksbury Hospital. Do you recall that, putting that in?

9635:54

PAUL ZEIZEL: Yes. Yes.

9735:54

MS. BUCKINGHAM: And that there was a planned transfer to Worcester Recovery Hospital or Worcester Recovery Center and Hospital. Do you recall writing that?

9836:02

PAUL ZEIZEL: I don't know if it was a plan. It was a hope and a goal, but it was not a official plan.

9936:08

MS. BUCKINGHAM: Well, I can provide you with your report if you'd like to review, but it reads, "Currently, Ms. Clancy resides at Tewksbury Hospital with a planned transfer to Worcester Recovery Center and Hospital."

10036:19

PAUL ZEIZEL: That sounds right.

10136:19

MS. BUCKINGHAM: Does that sound right?

10236:20
10336:20

MS. BUCKINGHAM: Okay. And that she is presently medication stabilized and is in the process of discontinuing most, if not all, psychotropic medications, demonstrating an emerging capacity to stabilize without them. Do you recall writing that?

10436:33
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MS. BUCKINGHAM: So in July of 2025, it was your opinion that she was stable and she would be, hopefully, as you say, transferred to a different facility, correct?

10636:45
10736:45

MS. BUCKINGHAM: And you're aware that currently she's still at Tewksbury Hospital?

10836:49
10936:50

MS. BUCKINGHAM: And currently she's still taking psychotropic medications?

11036:54

PAUL ZEIZEL: That's true, yes.

11137:04

MS. BUCKINGHAM: I think you also write in that report...

11237:13

MS. BUCKINGHAM: We'll strike that. Going back to your most recent evaluation in June of 2026, you would agree with me that, in an evaluation for criminal responsibility, being a forensic psychologist, it's really important to be as accurate as possible in your reports, correct?

11337:32
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MS. BUCKINGHAM: You wanna make sure you get the facts right, right?

11537:36
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MS. BUCKINGHAM: Because your evaluation's not just based on what you learn from the individual you're evaluating, but also an independent review, an unbiased review of the records, of the facts. Is that fair to say?

11737:49
11837:49

MS. BUCKINGHAM: Okay. So in your report, you indicate that the period of evaluation that you had with this individual is approximately 45 hours. Do you recall writing that and testifying about that yesterday?

11938:03

PAUL ZEIZEL: I think I actually said I've met with her a total of 45 hours, but the evaluation was more than 35 hours, and I think it was 37 hours.

12038:12

MS. BUCKINGHAM: Okay. And you also said yesterday that in addition to that, you've met with her several other times for a total of approximately 60 times at least.

12138:21

PAUL ZEIZEL: Not 60 additional times, but in total, yes, since the court trial has started a few weeks back.

12238:27

MS. BUCKINGHAM: Okay. Is that typical for you to spend 35 hours with a person that you're evaluating?

12338:32

PAUL ZEIZEL: It does happen, but it's not typical.

12438:37

MS. BUCKINGHAM: You also indicated yesterday that one of—how you became involved in this case is Attorney Reddington called you and asked you to go check on the I think you said mental wellbeing. Is that what your assessment was?

12538:54

PAUL ZEIZEL: Mental health or mental wellbeing at the time of her admittance to Brigham and Women's Hospital, which was roughly late January 2023.

12639:08

MS. BUCKINGHAM: And your first time there was February 4th, correct?

12739:12
12839:12

MS. BUCKINGHAM: Were you examining her as a potential patient at that point?

12939:17

PAUL ZEIZEL: I was examining her as a colleague and friend of Attorney Reddington to see how she was faring. There was no predetermined notion whether I would be interested or willing or even offered the opportunity to take the case. I was just going to meet with her given the fact that she was in a bed in ICU locked to the bed frame, and no one was able to visit her.

13039:50

MS. BUCKINGHAM: So you went in to visit her?

13139:54
13239:56

MS. BUCKINGHAM: And when you went in to visit her, you indicated that she had recently been extubated in your testimony yesterday. You're aware from the review of the records that she was extubated on January 28th?

13340:06
13540:07

PAUL ZEIZEL: So the difference between January 28th and February 4th, I didn't know the date at that time, but I knew she was able to breathe on her own and express-

13640:18

MS. BUCKINGHAM: And you're aware-

13740:19

PAUL ZEIZEL: ... verbal language. Yes, expressive language.

13840:21

MS. BUCKINGHAM: You're aware that she had been communicating with staff at the hospital, including psychiatrists, right?

13940:29

PAUL ZEIZEL: I don't know if I knew at that time, but I knew she had been speaking with the doctors and staff.

14040:33

MS. BUCKINGHAM: Well, a person who-

14140:34

PAUL ZEIZEL: But not specifically who it was.

14240:36

MS. BUCKINGHAM: ... a person who goes through major trauma and is at a hospital, and has made suicidal attempts, you ... In your opinion, it would behoove the hospital to have that person talk to a psychiatrist, correct?

14340:50

MR. REDDINGTON: Objection.

14440:52

THE COURT: Overruled.

14540:53
14640:54

MS. BUCKINGHAM: Now, in addition to meeting with the staff and the psychiatry team prior to your arrival, were you aware that she had an attorney that had came to visit her a few times?

14841:07

MS. BUCKINGHAM: Not Mr. Reddington, but a different attorney.

14941:09

PAUL ZEIZEL: Yes. I don't know how many times, but I am aware that there was an Attorney Gelb who was somehow involved in the case.

15041:15

MS. BUCKINGHAM: Okay. So there was somebody that came in to see her prior to you coming in to see her?

15141:19
15241:21

MS. BUCKINGHAM: Now, you testified yesterday that you performed a mental status exam that day on February 4th. Do you recall that?

15341:29
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MS. BUCKINGHAM: Where in your report or the previous report from July or your June report do you outline the results of your mental status exam?

15541:40

PAUL ZEIZEL: There is none because if someone's not capable of just explaining who they are, where they are, and if they're clear of mentation and thinking, then I'll meet with them, but if they're not, I won't. So it's a sine qua non. It's you do that just to make sure you can keep meeting with them and that they're able to understand what you're talking about. Standard practice.

15642:02

MS. BUCKINGHAM: But you indicated yesterday that she didn't know who she was, right?

15742:06
15842:07

MS. BUCKINGHAM: She didn't know where she was?

15942:08
16042:09

MS. BUCKINGHAM: But I believe your testimony was that she did remember what happened, but she was foggy as to what happened?

16142:15

PAUL ZEIZEL: Yes, that's correct.

16242:16

MS. BUCKINGHAM: And she actually, according to your testimony yesterday, asked you for your phone or to access your phone to make a phone call. Is that correct?

16342:26
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MS. BUCKINGHAM: So she was able to communicate with you.

16542:29
16642:29

MS. BUCKINGHAM: She asked you for something, and you clearly understood what she was asking for.

16742:33
16842:34

MS. BUCKINGHAM: And you indicated that she asked to call her husband, right?

16942:37
17042:38

MS. BUCKINGHAM: Had you spoken with her husband before that time?

17142:41

PAUL ZEIZEL: I did not speak with him at that time. I didn't know him, and I had not spoken to him prior to that time.

17242:47

MS. BUCKINGHAM: So how'd you get the phone number to call him?

17342:49

PAUL ZEIZEL: I did not have the phone number to call.

17442:51

MS. BUCKINGHAM: So she provided you with a phone number to dial so that she could call him on speakerphone, right?

17542:56
17642:57

MS. BUCKINGHAM: And she remembered the number?

17742:59
17842:59

MS. BUCKINGHAM: And so you indicated on that day, on February 4th, that she left a voicemail, right?

17943:03
18043:04

MS. BUCKINGHAM: So in that voicemail message, were you able to identify that it was Patrick Clancy's phone? Did it say, "Hey, this is Pat, leave a message," or something to that effect?

18143:13

PAUL ZEIZEL: I don't remember the salutation from the voice recording, but there was no evidence that it was not Patrick Clancy.

18243:24

MS. BUCKINGHAM: And as far as her confidence in the number, she gave it to you with no issue, did she not?

18343:31

PAUL ZEIZEL: That's correct.

18443:32

MS. BUCKINGHAM: She didn't have her own cell phone to refer to, did she?

18543:35

PAUL ZEIZEL: That's correct.

18643:36

MS. BUCKINGHAM: Or a pad of paper where all the numbers were written down?

18743:39

PAUL ZEIZEL: She didn't.

18843:43

MS. BUCKINGHAM: You indicated that she left a message. Do you recall what the message was?

18943:48

PAUL ZEIZEL: She expressed her love for him, wanted to know how he was doing, and that was pretty much it.

19043:55

MS. BUCKINGHAM: And again, you said that you didn't write down what the mental status exam was, but the fact that she was able to relay that message, was it clear and coherent what she was saying?

19144:07

PAUL ZEIZEL: Yes. Mental status exams are multiple levels. Different things are asked. If you don't know where you are, it doesn't mean you can't have a conversation with someone.

19244:16

MS. BUCKINGHAM: And she was able to have a conversation with you that day?

19344:19
19444:21

MS. BUCKINGHAM: Now, you said you went back on February 6th and met with her again, correct?

19544:27
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MS. BUCKINGHAM: And you guys made another attempt at calling Patrick.

19744:33
19844:34

MS. BUCKINGHAM: Again, did she... Did you remember the number?

20044:37

MS. BUCKINGHAM: Did you have it stored in your phone?

20244:40

MS. BUCKINGHAM: Did she provide you his phone number to call?

20344:42

PAUL ZEIZEL: Well, it was in my phone. I could just look it up in my phone. I didn't write it down. I didn't enter his name. Either she gave it to me again, or I just looked it up from two days prior.

20444:52

MS. BUCKINGHAM: But you don't recall, as you sit here today, which it was, do you?

20644:56

MS. BUCKINGHAM: And you didn't write a report about that interaction, did you?

20744:59

PAUL ZEIZEL: I did not.

20845:00

MS. BUCKINGHAM: So in this, in the second phone call, you were able to actually hear that she was talking with Patrick on the other end, right?

20945:09
21045:10

MS. BUCKINGHAM: And at that time, when you were now second time meeting with her and having this phone call, were you aware that she had already changed her healthcare proxy from Patrick to her parents?

21145:22

PAUL ZEIZEL: I did not know that.

21245:24

MS. BUCKINGHAM: Did you talk to Patrick in between the 4th and the 6th to find out if he had tried to come in to visit her?

21345:35

PAUL ZEIZEL: I didn't speak to him at all, so I knew nothing about what his plans or intentions were.

21445:40

MS. BUCKINGHAM: Your testimony yesterday was that she had called him to tell him that she loved him and to see where they were at, right?

21545:48
21645:49

MS. BUCKINGHAM: That was your testimony? Meaning what, their relationship?

21745:54

PAUL ZEIZEL: That— I made no interpretation of what that meant. She left the message, and we left it at that.

21846:02

MS. BUCKINGHAM: But in that subsequent conversation that you were a witness to, where they were speaking on the phone and she told them about these voices or explained about the voices, did she ask about the kids?

21946:19

PAUL ZEIZEL: She did not, as I recall.

22046:28

MS. BUCKINGHAM: Now, in all of the times over the course of the last few years that you've met with Ms. Clancy, how many times has she told you since the incident that she's heard a voice currently?

22146:44

PAUL ZEIZEL: She has not heard voices since the event took place in 2023.

22246:54

MS. BUCKINGHAM: And you've now testified that, over the course of a period of time, that she did hear voices, right?

22347:04
22447:05

MS. BUCKINGHAM: And is that based on one of these 35 hours worth of conversations you had with her? How do you know that?

22547:14

PAUL ZEIZEL: Well, they were collateral contacts. Spoke to other people. I spoke to other people who I asked the nature of their interactions with Ms. Clancy, and it was not a fishing expedition. I asked them if they can tell me what happened. And—

22647:33

MS. BUCKINGHAM: Well, I'm asking you—

22747:34

PAUL ZEIZEL: But they disclosed... Pardon me.

22847:36

THE COURT: You have to let him finish.

22947:37

PAUL ZEIZEL: So they disclosed information to me that Ms. Clancy shared that information with them.

23047:42

MS. BUCKINGHAM: So who did she tell that she had a voice that told her to kill herself?

23147:50

PAUL ZEIZEL: She spoke to a chaplain named Sheila Cavanaugh, who I spoke with, and Chaplain Cavanaugh told me that Ms. Clancy told her that she heard a male voice instructing her to first kill her children and then to kill herself.

23248:17

MS. BUCKINGHAM: So the same message that she delivered to Patrick that day on the phone, you heard from a chaplain at Brigham and Women's Hospital after the incident occurred in January of 2023?

23348:31
23448:32

MS. BUCKINGHAM: And so from all of the records that you reviewed of her treatment and all of the interviews with her family, who did she tell that she heard voices telling them to kill... telling her to kill herself?

23548:45

PAUL ZEIZEL: I believe she told family members.

23648:48

MS. BUCKINGHAM: Which family members?

23748:49

PAUL ZEIZEL: I believe she may have said that to her mother. She, I believe, told her husband that she felt like killing herself as well.

23848:58

MS. BUCKINGHAM: In the records with the providers, you're aware, you've reviewed them all, and you've sat through all of their testimony. You're aware that when she described intrusive thoughts, she never referred them, referred to them as a voice telling her to kill herself. Did they? Did she?

23949:16

PAUL ZEIZEL: No. She was referring to—

24049:17

MS. BUCKINGHAM: It's just a yes or no.

24149:19

PAUL ZEIZEL: ... No, no.

24249:20

MS. BUCKINGHAM: So as far as her reports of these intrusive thoughts that appear over and over in the notes, you would agree that it was simply... When asked about what they were, it was simply that she felt like she wanted to die, right?

24349:37

PAUL ZEIZEL: Yes, and-

24449:38

MS. BUCKINGHAM: It's just a yes or no.

24549:40
24649:43

MS. BUCKINGHAM: Now, in your report, you go through...

24749:51

MS. BUCKINGHAM: What's called the sources of information. You're familiar with that part. It's pretty standard in a forensic report, right?

24849:58
24949:58

MS. BUCKINGHAM: Where you list all of the things that you've gone through and reviewed in compiling the information for your report.

25050:04

PAUL ZEIZEL: So in my sources of information, I write, "I reviewed the following," but that list is not limited to the following. So there might be other pieces of information that I may have reviewed but didn't put in the list.

25150:17

MS. BUCKINGHAM: Okay. So, not on the list are the Tewksbury Hospital records that you said you reviewed recently, correct?

25250:25

PAUL ZEIZEL: Yes, the 7,000 pages of those hospital notes, I didn't review all of them at the time of the report.

25350:31

MS. BUCKINGHAM: Did you review records from the Spaulding rehab facility?

25450:35
25550:36

MS. BUCKINGHAM: That's not contained, though, in your list in your report, is it?

25650:40

PAUL ZEIZEL: I don't think it is.

25750:41

MS. BUCKINGHAM: And you don't cite to any of the Spaulding rehab records in your report coming to your ultimate conclusions, do you?

25850:50

PAUL ZEIZEL: I do not.

25950:51

MS. BUCKINGHAM: And how about the women and infant records? Did you list that in your sources of information section?

26050:59

PAUL ZEIZEL: I do not. She was there for one day.

26151:03

MS. BUCKINGHAM: Okay. But you've testified about that, right?

26251:07
26351:07

MS. BUCKINGHAM: Did you review them at all?

26451:09
26551:10

MS. BUCKINGHAM: And as far as the McLean records, you don't list the McLean records as a source of information in your report, do you?

26651:18

PAUL ZEIZEL: I did not, but I did review them.

26751:23

MS. BUCKINGHAM: Now you've described and you describe in your report that you believe that Ms. Clancy was hypomanic, right?

26851:31
26951:32

MS. BUCKINGHAM: And I believe you testified to some extent, and you've written in your report, that you identify her as euphoric, excessively energetic for three months postpartum. Do you remember writing that in your report?

27051:46
27151:46

MS. BUCKINGHAM: That you note that she exercised early, right?

27251:50
27351:51

MS. BUCKINGHAM: But you're aware that she exercised pretty frequently before birth—

27451:56
27551:57

MS. BUCKINGHAM: ... and while pregnant with Callan.

27651:59

PAUL ZEIZEL: And while post-pregnancy with her children as well, yes.

27752:04

MS. BUCKINGHAM: So it was part of her routine, fair to say, right?

27852:10

PAUL ZEIZEL: It's part of everyday living. Things sometimes change when you have a baby, and a few weeks later, if you're still doing the same exercise, it's sometimes a reflection of something other than committed to fitness.

27952:24

MS. BUCKINGHAM: And you identify what you refer to as a marketing scam being that Beachbody business, right?

28052:32
28152:33

MS. BUCKINGHAM: But you're aware that that's a series of workouts and a line of nutritional shakes and exercise plans that millions of people engage in across the country.

28252:43
28352:46

MS. BUCKINGHAM: So it's not a scam. It's just a way of—

28452:48

PAUL ZEIZEL: That's the way to—

28552:49

MS. BUCKINGHAM: ... a lifestyle choice.

28652:51

PAUL ZEIZEL: If you do something for marketing and you lose all your money, and there's no effort—

28752:55

MS. BUCKINGHAM: Well, did she—

28852:56

PAUL ZEIZEL: ... to get that back, it's a scam.

28952:57

THE COURT: Yeah. You've asked him. You can kinda figure out—

29053:00
29153:01

THE COURT: ... what his definition is, so.

29253:03

MS. BUCKINGHAM: Did she tell you she lost money with Beachbody?

29353:06
29453:06

MS. BUCKINGHAM: When was that?

29553:08

PAUL ZEIZEL: It was summer of 2022 after her third child was born.

29653:16

MS. BUCKINGHAM: No, when did she tell you that she lost money?

29753:18

PAUL ZEIZEL: Oh, when did she tell... I don't recall that.

29853:20

MS. BUCKINGHAM: And is it in your report?

29953:22

PAUL ZEIZEL: It may be, but I'm not sure.

30053:25

MS. BUCKINGHAM: Well, I have it with me, or do you have it up there? Can you look and point to me where she told you, at what point she told you she lost money in this endeavor?

30153:39

PAUL ZEIZEL: I don't know where it is, if it's here. It didn't seem relevant whether she lost money in a scam after her child was born—

30253:47

MS. BUCKINGHAM: Well, you—

30353:47

PAUL ZEIZEL: ... in terms of the big picture of what we're here for today.

30453:50

MS. BUCKINGHAM: You've described it as a scam because you said she lost money. So wouldn't it be important to know if she actually lost money?

30553:59

PAUL ZEIZEL: I don't really think so.

30654:01

MS. BUCKINGHAM: Okay. You also identify the 5-mile race that she completed. Was it a 5-mile race or a 5K race?

30754:11

PAUL ZEIZEL: Well, it... I wasn't sure which it was. I was told initially it was a 5-mile race. After my report was submitted, it may have been, with reflection, a 5K race.

30854:26

MS. BUCKINGHAM: And you've sat in the courtroom each and every day of this trial, so you've heard all the testimony about the evidence, right?

30954:32

PAUL ZEIZEL: Actually, I've not been here every day, but I've been here most days. Yes.

31054:37

MS. BUCKINGHAM: You're also aware that prior to the kids being born, that she considered herself a runner?

31154:46
31254:47

MS. BUCKINGHAM: Right? She had a treadmill at her house. She went to the gym and used the treadmill. She ran other races.

31354:52
31454:56

MS. BUCKINGHAM: Now, in your report, you indicate that part of…

31555:06

MS. BUCKINGHAM: Her, the timeline of her medication and her decline is the September time period where she was prescribed the Zoloft, right?

31655:19
31755:20

MS. BUCKINGHAM: And you indicate that she had reported, and it's reflected in the records, that she increased the Zoloft, and that's when she couldn't sleep for 48 hours straight, right?

31855:32
31955:32

MS. BUCKINGHAM: And you're aware of what the instructions were, having reviewed everything in this case, what the pill bottle said as far as the plan for the Zoloft?

32055:42

PAUL ZEIZEL: I'm not sure specifically the incremental plan to go from 25 milligrams to 50 milligrams of Zoloft.

32156:08

MS. BUCKINGHAM: Well, I have the bottle, exhibit number two. Sertraline, that's Zoloft, right? Brand name Zoloft?

32256:17
32356:18

MS. BUCKINGHAM: Says, "Take one oral tablet once a day for one week, then increase to two tablets daily thereafter."

32456:24
32556:24

MS. BUCKINGHAM: Right on the label.

32656:25

PAUL ZEIZEL: Right. That's 25 milligrams to 50 milligrams.

32756:29

MS. BUCKINGHAM: And again, having been at the majority of this trial, you're aware that there were 30 in that prescription and 23 left in the bottle when they were inventoried?

32856:42
32956:43

MS. BUCKINGHAM: And those are pills that were in Patrick Clancy's possession at the time of these events in January, you're aware, right?

33056:50

PAUL ZEIZEL: Yes. I believe they were in the middle console on the lower part… of his truck, the lower part of the middle console in his truck.

33156:58

MS. BUCKINGHAM: So if there's only seven pills missing from a prescription that requires the person to take a particular dosage for one week or seven days, how did she double the dose?

33257:08

PAUL ZEIZEL: Well, sometimes when you are given medication, you may have medication of the same exact dosage and the same exact medication another time, and you therefore may have pills that you didn't take the previous month or the month before that, and sometimes people just finish what they've had before and before they go on to the most current dose. So I am aware of what you're referring to, but I don't know if there were other bottles there, that she may have had medication still in those pill bottles.

33357:42

MS. BUCKINGHAM: Well, I'm looking at exhibit number one, a record from CVS Pharmacy, which all of these bottles are from. And the only time a prescription for Sertraline is filled is on September 15th, 2022, for 30 pills. You're aware of that?

33457:59
33558:00

MS. BUCKINGHAM: So there's no prior prescription for Sertraline, is there?

33658:04

PAUL ZEIZEL: I don't think so.

33758:08

MS. BUCKINGHAM: Now, in your report, you also refer to 1129, and your report on page eight, paragraph two, says, "On 1129, Paula Gelata…" Is that supposed to be Rebecca Gelata?

33858:24
33958:24

MS. BUCKINGHAM: Okay. So it also says that she prescribed Seroquel to treat Ms. Clancy's anxiety, depressed and unstable mood, and psychotic symptoms of disassociation and derealization. Where is that in Rebecca Jollotta's record, that that's why she prescribed Seroquel?

34058:40

PAUL ZEIZEL: I'm not sure.

34158:41

MS. BUCKINGHAM: And in fact, you were present when Ms. Jollotta testified and said that she prescribed it at 25 milligrams for insomnia, not for anxiety, depression, unstable mood, or psychotic symptoms. Did she not?

34258:57

PAUL ZEIZEL: It's used off-label. Medications are made for many things. Sometimes they're used off-label, not for what they're prescribed for. So that's a medication that is used for sleeping, although it's an antipsychotic.

34359:09

MS. BUCKINGHAM: But you're aware from reviewing the records and hearing testimony that that initial prescription was for a 25 milligram dose, correct?

34459:15
34559:16

MS. BUCKINGHAM: I know you're not a prescriber, but you're aware that a dose for treatment of bipolar is significantly higher than 25 milligrams?

34659:24
34759:35

MS. BUCKINGHAM: Now, you've described in your testimony in this court auditory, repeated auditory hallucinations about wanting to kill herself or that she should kill herself and that she is damaged, that her brain is damaged, right?

34859:53

PAUL ZEIZEL: That's correct.

34959:54

MS. BUCKINGHAM: Now, did you have a conversation with her in one of these 35 hours about that particular voice or thought or belief?

3501:00:02

PAUL ZEIZEL: So when I meet with Ms. Clancy, it's not as if I have one conversation on one of the 35 hours. To have thoroughness and exactitude, one does what we call intra-rater reliability. In other words, over the period of time, to confirm what someone says to you to help endorse the veracity or accuracy of that, you'll ask that question in a multitude of different ways. So I don't just ask once... "Did you hear a voice on that day?" I ask in different ways over time, and her answers pretty much remain the same.

3511:00:46

MS. BUCKINGHAM: So when you quote in your report—

3521:00:51

MS. BUCKINGHAM: "When questioned about the nature and content of these horrible thoughts, Ms. Clancy stated, 'Like a really bad and intrusive thought that I didn't feel like it was mine, telling me I should kill myself, your brain is damaged, you're never gonna get better.'" Where does the quote come from?

3531:01:06

PAUL ZEIZEL: Where's the quote come from?

3541:01:08
3551:01:08

PAUL ZEIZEL: She had said that to me.

3561:01:09

MS. BUCKINGHAM: To you, at some point?

3571:01:12
3581:01:13

MS. BUCKINGHAM: Okay. And this is well after the incident occurred, correct?

3591:01:18
3601:01:18

MS. BUCKINGHAM: And you reviewed all the records to know that she did not endorse that she was hearing a voice to any of her providers between September and January 23rd of 2023?

3611:01:32

PAUL ZEIZEL: So when someone—

3621:01:32

MS. BUCKINGHAM: A yes or no, sir.

3631:01:36

PAUL ZEIZEL: That's a difficult question to say yes or no from, because sometimes if someone says something that's inaccurate, it's not an affirmatory or a negative response. That's misleading.

3641:01:48

MS. BUCKINGHAM: My question to you, though, was where in the records from September to January 23rd of 2022 did she tell any of the providers she saw that she heard a voice telling her to kill herself?

3651:02:01

PAUL ZEIZEL: It's not in the records.

3661:02:03

MS. BUCKINGHAM: Okay. And you're aware that she has spoken to several forensic psychiatrists and psychologists over the course of this case, right? Not just yourself.

3671:02:13

PAUL ZEIZEL: Yes. She spoke to three retained experts in April 10th and April 12th of 2026, and then on June 12th of 2026, 1,172 days after I initially met with her. Then 1,120 days after I met with her. That's the third examiner.

3681:02:44

MS. BUCKINGHAM: Well, you're aware that she… You're referring to Dr. Halperin, Dr. Mack, and Dr. Saathoff, correct?

3691:02:51

PAUL ZEIZEL: Correct.

3701:02:51

MS. BUCKINGHAM: But you're aware that she also spoke with Dr. Resnick and Dr. Spinelli well before that.

3711:02:57

PAUL ZEIZEL: On May 5th of 2023, approximately 90 days more or less later. Yes.

3721:03:08

MS. BUCKINGHAM: And you're also aware, sir, that she has never told—she never told Dr. Resnick in a recorded interview, nor Dr. Halperin, Dr. Mack, or Dr. Saathoff—

3731:03:19

MR. REDDINGTON: Objection.

3741:03:22

THE COURT: Sustained.

3751:03:25

MS. BUCKINGHAM: Your testimony is that she told you that she heard this voice. Fair to say she identified to you that it was her own voice that she heard, correct?

3761:03:36

PAUL ZEIZEL: That's not correct.

3771:03:38

MS. BUCKINGHAM: So she told you that she heard a male's voice?

3781:03:42

PAUL ZEIZEL: That's correct.

3791:03:42
3801:03:44

PAUL ZEIZEL: On the night of the incident, January 24th, 2023.

3811:03:49

MS. BUCKINGHAM: No, I'm referring to the fact that you've now testified that she heard this, as you call it, a persistent percu- per- what's the word you used? Persecutorial voice over the course of time. Is that, was that your testimony?

3821:04:03

PAUL ZEIZEL: So, you're referring to the ongoing negative voices or intrusive thoughts that she was hearing—

3831:04:11
3841:04:11

PAUL ZEIZEL: … Where she felt, in fact, other people could hear those voices, thought broadcasting. So there are multiple layers here of hearing intrusive thoughts.

3851:04:23

MS. BUCKINGHAM: So, but I'm ask—

3861:04:24

PAUL ZEIZEL: Hearing voices so loud that she believed other people could hear her. Those are two separate phenomenon, if you will.

3871:04:34

MS. BUCKINGHAM: In those voices that you are saying she told you she heard about wanting to die or to kill herself or her brain was damaged prior to January 24th of 2023, did she say it was her own voice she could hear? It was her own thoughts?

3881:04:50

PAUL ZEIZEL: She did not identify whose voice it was.

3891:04:53

MS. BUCKINGHAM: Fair to say the only time she specifically said she heard a male voice was when she recounts the events on January 24th of 2023?

3901:05:03

PAUL ZEIZEL: Yes. That's accurate.

3911:05:05

MS. BUCKINGHAM: And you'd agree that there's a difference between the idea that somebody believes their thoughts would be or could be heard by others, and the belief that they are being heard by others, right?

3921:05:18

PAUL ZEIZEL: Yes. It's a matter of semantics, and it's a level of degreeism. Believing and knowing, two totally separate things.

3931:05:28

MS. BUCKINGHAM: And believing, having a fixed belief like that would be a delusion, right?

3941:05:35

PAUL ZEIZEL: That's correct. A delusion is a fixed false belief that is unshakable and not something you get rid of, either through your own efforts to tell the voice to go away or other people saying just, for example, "Try to stop thinking about it."

3951:05:53

MS. BUCKINGHAM: And the idea that she believed that something was wrong with her brain, or that if she, if people could know what was happening, that the police might get involved. That is something that could happen if somebody articulates those things, right?

3961:06:12

PAUL ZEIZEL: Absolutely. It's common sense.

3971:06:16

MS. BUCKINGHAM: Now, in your report, you also indicate that, in your testimony you indicated that on January 5th of 2023, that that's when Ms. Clancy was discharged from McLean Hospital, and I think your testimony was that she went in there on Seroquel, and I think you indicated Klonopin, correct?

3981:06:42
3991:06:43

MS. BUCKINGHAM: And your report says Seroquel and Klonopin. You recall that?

4001:06:47
4011:06:48

MS. BUCKINGHAM: You're aware that based on the medication journal that is in evidence, that she hadn't taken Klonopin since November 27th of 2022?

4021:06:59

PAUL ZEIZEL: She had a prescription for that, and I think she may have taken some, but may not have been on a regular basis.

4031:07:06

MS. BUCKINGHAM: But you've seen the pages of her journal to know that she's pretty diligent about saying exactly what she took on each particular date?

4041:07:14
4051:07:14

MS. BUCKINGHAM: Leading up to her stay at McLean, and even after?

4061:07:17
4071:07:23

MS. BUCKINGHAM: Now, kind of sticking with these medications for a second. You have testified, I think this was yesterday, you testified that you were familiar that after Dawson's birth, that she had sought some medication, correct?

4081:07:41
4091:07:42

MS. BUCKINGHAM: And I believe you testified yesterday that she was on Trazodone. But in fact, she was prescribed Zoloft after Dawson—

4101:07:50
4111:07:50

MS. BUCKINGHAM: ... and reported she did never take it, right?

4121:07:51

PAUL ZEIZEL: That's correct. So after my testimony, I reviewed that, and I— ... confabulated the Trazodone with another medication, the Zoloft.

4131:08:02

MS. BUCKINGHAM: And again, you've talked a lot about that the medications that she was taking, the different medications, haven't—didn't provide her with any sort of relief. So it's important to know the different medications she was taking and what the reactions were, right?

4141:08:16

PAUL ZEIZEL: I don't know if I talked a lot about it. I was asked questions, I answered them honestly. They didn't provide relief. I would agree with that. So that was the whole point of her seeking help.

4151:08:27

MS. BUCKINGHAM: And her history, whether it be a medication history, a social history, a family history, those are all important things overall for you to look at and examine when coming to ultimate conclusions, right?

4161:08:41

PAUL ZEIZEL: For everyone, yes, of course.

4171:08:43

MS. BUCKINGHAM: So it's important to be accurate when you're recalling or reporting that information.

4181:08:47

PAUL ZEIZEL: As much as possible as one can be, yes, that's true.

4191:08:50

MS. BUCKINGHAM: And as far as the medication goes, I think you testified yesterday that she also took medication in nursing school, correct?

4201:08:58

PAUL ZEIZEL: Yes, she did.

4211:08:59

MS. BUCKINGHAM: And having met with her as many times as you did, and reviewing all these records, you're aware that those were in fact Prozac, Wellbutrin, and propranolol that she took in nursing school.

4221:09:08

PAUL ZEIZEL: That's correct. That was for her, what's called glossophobia. G-O-L-L-O-S-P-H-O-B-I-A. It's fear of public speaking. Most common fear for Americans. 85% of Americans have public speaking phobia. Pretty commonplace. But yes, those are the medications she took while she was in nursing school to go through the program.

4231:09:33

MS. BUCKINGHAM: But that's not what you testified to yesterday.

4241:09:35

PAUL ZEIZEL: I think I mentioned only one or two medications. She had taken three.

4251:09:39
4261:09:48
4271:09:59

MS. BUCKINGHAM: You also mentioned—

4281:10:05

MS. BUCKINGHAM: Today in your testimony, you were asked about the date of December 15th. And I believe your testimony was that's the day she went to Women and Infants. Is that correct?

4291:10:14

PAUL ZEIZEL: I believe so, yes.

4301:10:14

MS. BUCKINGHAM: Would it—if I show you the record, is it fair to say she didn't go to Women and Infants on the 15th, but it was actually December 20th?

4311:10:22

PAUL ZEIZEL: Right. I believe she went to the Mass General Hospital ER on the 15th.

4321:10:26

MS. BUCKINGHAM: And you said in your testimony today that at the Mass General ER, she did not get any help. Do you recall that testimony?

4331:10:34

PAUL ZEIZEL: She declined admission to the inpatient. She didn't appreciate, or didn't want to do that. So—

4341:10:40

MS. BUCKINGHAM: She didn't not get help.

4351:10:43
4361:10:43

THE COURT: Go, go ahead.

4371:10:44

PAUL ZEIZEL: Thank you, Your Honor. We have something called the subjective baseline. The cognitive appraisal theme. Help is in the eye of the beholder. If she felt she didn't get help, that's how she felt.

4381:10:58

MS. BUCKINGHAM: Well, sir, I—that wasn't the question. And your testimony was she went to the ER and did not get help. That was your testimony, not hers.

4391:11:07

PAUL ZEIZEL: Well, my testimony is based on my evaluation of her. This is what Ms. Clancy shared with me. Who am I to doubt what she believes or doesn't believe about the offer for treatment or help? It's her opinion.

4401:11:24

MS. BUCKINGHAM: She chose to decline the bed at McLean on December 15th, did she not?

4411:11:28
4421:11:29

MS. BUCKINGHAM: And she then indicated to the Mass General Hospital that she was going to opt for an outpatient program at the Women and Infants, correct?

4431:11:38
4441:11:39

MS. BUCKINGHAM: That's what's in the records.

4451:11:41
4461:11:41

MS. BUCKINGHAM: And did she tell you that as well?

4471:11:43
4481:11:44

MS. BUCKINGHAM: And as it pertains to the Women and Infants, again, after you review the records, you're aware that a referral had been made to her well before her visit to the ER on the 15th for that same program.

4491:11:56

PAUL ZEIZEL: I believe so.

4501:12:17

MS. BUCKINGHAM: Now, you've indicated in your testimony that it's your opinion that her diagnosis is bipolar disorder with psychotic symptoms, correct?

4511:12:27
4521:12:28

MS. BUCKINGHAM: And fair to say, you've reviewed, prior to your report, you had reviewed Dr. Resnick's report?

4531:12:38

PAUL ZEIZEL: I'm not—

4541:12:39

MR. REDDINGTON: Objection.

4551:12:50

THE COURT: Can I see counsel sidebar?

4561:12:59

THE COURT: Go ahead, counsel.

4571:13:01

MS. BUCKINGHAM: So the question, I believe, was, did you review other, a report of Dr. Resnick, in— All your sources of information and before you came to a conclusion about diagnosis?

4581:13:16

PAUL ZEIZEL: N-no, I did not.

4591:13:20
4601:14:22

MS. BUCKINGHAM: One moment. Sorry.

4611:14:31

MS. BUCKINGHAM: On page four of your report, where you—

4621:14:33

PAUL ZEIZEL: Oh, one second.

4631:14:40

PAUL ZEIZEL: Just one…

4641:14:44

PAUL ZEIZEL: Moment. Okay. I'm sorry, counsel.

4651:14:48

MS. BUCKINGHAM: On page four of your report, where you list the sources of information, you do identify as number 24, forensic psychiatric evaluation of Philip J. Resnick from nine/27/24, do you not?

4661:15:00
4671:15:00

MS. BUCKINGHAM: And so that's something you reviewed?

4681:15:04

PAUL ZEIZEL: I didn't draw my opinion.

4691:15:06

MS. BUCKINGHAM: That wasn't the question, sir.

4701:15:07

PAUL ZEIZEL: Well—

4711:15:08

MR. REDDINGTON: Objection.

4721:15:09

THE COURT: Hold on. Ask the question again. Go ahead.

4731:15:11

MS. BUCKINGHAM: Did you review his report?

4741:15:13

MR. REDDINGTON: Sidebar? That's not the question.

4751:16:24

MS. BUCKINGHAM: So the question, sir, is did you review Dr. Resnick's report prior to authoring your report or coming to your conclusions about diagnosis?

4761:16:33

PAUL ZEIZEL: I reviewed part of that report. I, and in my report, I read, I perused through the reports. I did not review all of that report from Dr. Resnick or Dr. Spinelli, for that matter.

4771:16:47

MS. BUCKINGHAM: Okay. Now, in talking about your review of records, you indicated that there are several thousand pages of Tewksbury Hospital records, correct?

4781:17:05

PAUL ZEIZEL: Seven thousand and one page.

4791:17:07

MS. BUCKINGHAM: And did you review all of those?

4801:17:11

PAUL ZEIZEL: I would say I looked through them, but I did not read every word on every page. They do have a tendency to hang together and are replicative as well.

4811:17:23

MS. BUCKINGHAM: Were you aware that on May 26th, 2023, that the defendant was observed by staff in a note stating that she was visible along the unit hallways, self-propelling her wheelchair with her one-to-one staff, that she had a visit with her mother who brought dinner for her. They ate and played games during the visit. Are you aware of that?

4821:17:46

PAUL ZEIZEL: On May 26th?

4831:17:47

MS. BUCKINGHAM: May 26th of 2023.

4841:17:49

PAUL ZEIZEL: 2023. So three years ago and a few months. I don't know that. I don't remember.

4851:17:57

MS. BUCKINGHAM: That would have been approximately four months after the incident and on the date of Callan's first birthday, right?

4861:18:05

PAUL ZEIZEL: Yes. But you asked if I remember that event, and I don't.

4871:18:10

MS. BUCKINGHAM: You don't, or you do?

4881:18:12

PAUL ZEIZEL: I don't remember that she was seen with her mother on that day, who brought food, and she was seen using a wheelchair to travel down the hallway at the hospital. I don't remember.

4891:18:25

MS. BUCKINGHAM: If I tell you that was read from page one seventy-six of the Tewksbury Hospital records, would you agree with that?

4901:18:33

PAUL ZEIZEL: I would not doubt that.

4911:18:34

MS. BUCKINGHAM: Okay. And on December 24th of 2023, were you aware that the defendant was observed at Tewksbury, monitored on one-to-one for safety, that she accepted medication, meals, and snacks. She spent time in the TV room or sitting outside her room, utilizing phone, and visited with family. Do you know—do you recall that, reading that note on page six thirteen of the Tewksbury records?

4921:19:01

PAUL ZEIZEL: Of 2023?

4931:19:02
4941:19:04

PAUL ZEIZEL: Honestly, I don't.

4951:19:05

MS. BUCKINGHAM: And that would have been Cora's birthday.

4961:19:10
4971:19:10

MS. BUCKINGHAM: But would you agree with me that if I read that from page six thirteen in the records, that that would be within that seven thousand and one page that, of the record?

4981:19:17

PAUL ZEIZEL: I would not doubt that.

4991:19:20

MS. BUCKINGHAM: How about on January 24th, 24, 24, where she's observed in a note from Tewksbury State Hospital on page 674 saying, where the note reads, "Patient was visible in the milieu, engageable with both staff and select peers. Patient accepted select medications as her baseline." That she was pleasant during interactions, self-propelling in wheelchair in the halls, spending much of the morning and early afternoon in her room and hall on her electronics. Do you recall reading that record?

5001:19:53

PAUL ZEIZEL: Not specifically.

5011:19:54

MS. BUCKINGHAM: And January 24th, 2024 would have been the year anniversary of the incident, correct?

5021:19:59
5031:20:01

MS. BUCKINGHAM: But if I read from page 674, you would agree with me that that's part of the Tewksbury record?

5041:20:07

PAUL ZEIZEL: Yes. I believe it's part of the record.

5051:20:11

MS. BUCKINGHAM: And on Jan—excuse me, May 26th of 2024, from page 922 of the Tewksbury record, patient monitored one to one for safety. She's been monitored for high suicide risks. Accepted medication. Says BFK and snacks. She spent some time in the TV room or sitting outside her room utilizing phone. Would you agree that that's a fair reading of page 922?

5061:20:41

PAUL ZEIZEL: I have no reason to doubt that.

5071:20:43

MS. BUCKINGHAM: Okay. And that she's also observed on that same day visible on the unit while utilizing her phone outside her room, was able to make her needs known appropriately. Patient was observed playing dominoes with peers in the TV room. That was later in the day on May 26th, 2024, which would have been Callan's second birthday.

5081:21:06

PAUL ZEIZEL: I would believe that that record's probably accurate. I don't remember looking at that record specifically.

5091:21:13

MS. BUCKINGHAM: How about on September 30th of 2024, page 1,229 of the Tewksbury record, where it's noted that she was visible in the unit, attended startup slash coffee group, assisted with AD—or she was assisted with ADLs as needed. She was in safe behavioral control for the duration of the shift, and that later it reads, "Patient visible in the hallways, seated in her wheelchair outside her bedroom using her cell phone. Pleasant upon approach. Social with select peers." That would have been on September 30th, 2024, which would have been Dawson's fifth birthday. Do you recall reviewing that in the record?

5101:21:55

PAUL ZEIZEL: Not off the top of my head, but I have no reason to doubt that it's not an accurate record.

5111:22:03

MS. BUCKINGHAM: December 24th, 2024, page 1,442 of the Tewksbury records, says the patient was visible on the unit utilizing her phone. Her parents were in to visit, and they brought dinner with them. Patient accepted medications and fluids. Patient in good behavioral control, maintaining safety. No SIB noted or reported. Do you have reason to doubt that that's on page 1,442 of the Tewksbury record?

5121:22:31

PAUL ZEIZEL: I have no reason to doubt that that's not an accurate reflection of what took place that day.

5131:22:36

MS. BUCKINGHAM: And what's SIB?

5141:22:38

PAUL ZEIZEL: Self-injurious behavior.

5151:22:44

MS. BUCKINGHAM: And so December 24th, 2024, that would have been Cora's seventh birthday, right?

5161:22:50
5171:22:51

MS. BUCKINGHAM: So January 24th, 2025, from page 1,514 of the Tewksbury records, where it reads, "Inpatient treatment goal: To work on my mental health and to feel better." Says, "She participated in morning ADL routine with staff assistance. Patient was visible on the milieu at times in the hallway utilizing her phone. No SIB has been reported this shift."

5181:23:22

MS. BUCKINGHAM: Do you have any reason to doubt that that's contained on page 1,514?

5191:23:28

PAUL ZEIZEL: I have no reason to doubt that.

5201:23:30

MS. BUCKINGHAM: And further observations on that day were that the patient was visible on the unit. She was social with select staff and peers and also seen utilizing her phone. Her parents were in to visit and brought her dinner—or excuse me, and they brought dinner with them. That was again, on January 24th, 2025, which would have been the second anniversary of this incident, correct?

5211:23:52
5221:23:54

MS. BUCKINGHAM: May 26th, 2025, page 1,782 of the Tewksbury records, it says, "She did not engage in any SIB. She was visited by her parents this shift. She attended startup group and watched TV." That would have been on May 26th, 2025, which would have been Callan's third birthday. Do you have any reason to doubt that in the record?

5231:24:21

PAUL ZEIZEL: I have no reason to doubt that.

5241:24:26

MS. BUCKINGHAM: And on September 30th, 2025 of the Tewksbury record on page 2,056, reads, “Patient was visible in the hallway using her phone.

5251:24:41

MS. BUCKINGHAM: No SIB or behavioral issues observed or reported.” Do you have any doubt—do you have reason to doubt that that is an accurate read of page 2,056?

5261:24:52

PAUL ZEIZEL: I have no reason to doubt that that's not accurate.

5271:24:55

MS. BUCKINGHAM: And that would have been September 30th, which would have been Dawson's sixth birthday, right?

5281:25:00
5291:25:07

MS. BUCKINGHAM: And on December 24th of 2025, page 76 of the patient notes in the Tewksbury Hospital records reads, “Ate breakfast, refused lunch, took snacks, utilizing phone, assisted with ADLs, spent some time in the TV room, attended PT, resting in bed after lunch.” Do you have any reason to doubt that is contained within the Tewksbury records on page seventy-six?

5301:25:35
5311:25:36

MS. BUCKINGHAM: And December 24th would've been Cora's eighth birthday, correct?

5321:25:43
5331:25:47

MS. BUCKINGHAM: And on page one hundred and fifty-two of the Tewksbury records, January 24th, 2026, this year.

5341:25:59

MS. BUCKINGHAM: Patient observed her safety,

5351:26:08

MS. BUCKINGHAM: Assess mental status, encourage safe behavior control, monitoring for abrupt behavior change and attempt to prevent escalation or self-harm, encourage patient to participate in groups. That in, on this particular day, she was also observed, compliant with meds, ate breakfast, participated in coffee group, visible in the hallway utilizing her phone, later visited with parents, and had a early lunch. That was on January 24th of 2026. Do you have any reason to doubt that's within the records?

5361:26:38
5371:26:38

MS. BUCKINGHAM: And that she was later observed to not have any SIB or behavioral issues, again, on January 24th, 2026. Do you have any reason to doubt that's contained within the Tewksbury records?

5381:26:50

PAUL ZEIZEL: No. No.

5391:26:54

MS. BUCKINGHAM: And again, you reviewed or looked at some of them, but not every one of these, but these are already currently in evidence, correct?

5401:27:04
5411:27:06

MS. BUCKINGHAM: Your Honor, I would move to admit these excerpts as the next exhibit, please.

5421:27:11

THE COURT: Any objection?

5431:27:12

MR. REDDINGTON: No, Your Honor.

5441:27:12

THE COURT: All right. They may be admitted.

5451:27:35

COURT REPORTER: Exhibit 283.

5461:27:37

THE COURT: Okay. Thank you.

5471:27:43

MS. BUCKINGHAM: And, Dr. Zeizel, as far as the records that I just read in, do you know if in those records it indicates that she slept well on all of those occasions?

5481:27:58

PAUL ZEIZEL: I wouldn't know. I don't know how...

5491:28:02

MS. BUCKINGHAM: But you would agree that noting her sleeping habits based on this particular individual's history would be important thing for the hospital to monitor, correct?

5501:28:14

PAUL ZEIZEL: I would agree with that.

5511:28:22

MS. BUCKINGHAM: Now, in this particular case... Well, let me ask you, are you familiar with the concept of confirmation bias?

5521:28:31

PAUL ZEIZEL: Of course.

5531:28:32

MS. BUCKINGHAM: And fair to say it's pretty prevalent in most areas of science and forensic psychology and psychiatry, correct?

5541:28:43

PAUL ZEIZEL: It crosses all domains of work and life.

5551:28:48

MS. BUCKINGHAM: And as far as confirmation bias for psychiatry or providers, fair to say that clinicians are warned that they may lean towards or support their own theories and overlook contradictory evidence, and that you have to be aware of that, correct?

5561:29:06
5571:29:06

MS. BUCKINGHAM: And again, in forensic psychology, the goal is to give, render an objective opinion, right?

5581:29:11

PAUL ZEIZEL: Yes. The facts come to you. You don't go to the facts.

5591:29:15

MS. BUCKINGHAM: Okay. And there's a danger for clinicians and forensic psychologists of quickly forming an initial diagnosis before having all the information, correct?

5601:29:29
5611:29:30

MS. BUCKINGHAM: And that confirmation bias accounts for the fact that a lot of times people, clinicians, and providers will cling to diagnoses and interpret subsequent information in light of that kind of already perceived idea. Is that fair to say?

5621:29:45

PAUL ZEIZEL: They cling... I just want make sure I understand what you're saying. They cling to a diagnosis to-

5631:29:51

MS. BUCKINGHAM: Well, once a diagnosis is reached, they cling to that diagnosis when interpreting subsequent information.

5641:30:00

PAUL ZEIZEL: That happens, yes.

5651:30:02

MS. BUCKINGHAM: And, but you would agree that in practice of forensic psychology, that it's important not to do that, right?

5661:30:10

PAUL ZEIZEL: Particularly with the guidelines of criminal responsibility where you don't need a diagnosis. You just need a mental disease or defect.

5671:30:18

MS. BUCKINGHAM: A diagnosis are helpful in understanding whether the person was suffering from this legal construct of a mental disease or defect, correct?

5681:30:26

PAUL ZEIZEL: That's fair to say.

5691:30:27

MS. BUCKINGHAM: And it's fairly accepted in the field that if somebody has a disorder or a diagnosed mental illness, that they then in turn suffer from a mental disease or defect.

5701:30:41

MS. BUCKINGHAM: Or could.

5711:30:45

PAUL ZEIZEL: Or could, because you can have a phobia. Doesn't mean you have a mental disease or defect. If you're afraid to jump out of airplanes, it doesn't make you ineffective and have a defect or a disease. So yes, it could-

5721:30:57

THE COURT: Can I ask you to keep your voice up?

5731:30:58

PAUL ZEIZEL: Yes, Your Honor. So it could, but it doesn't always have to.

5741:31:01

THE COURT: Thank you.

5751:31:02

PAUL ZEIZEL: Of course.

5761:31:04

MS. BUCKINGHAM: And you're aware of the danger of this idea of confirmation bias of having multiple relationships and conflicts in this type of work, correct?

5771:31:14
5781:31:14

MS. BUCKINGHAM: And that's why it's important not to be treating somebody as a patient when you're also evaluating them for this type of legal issue, right?

5791:31:24

PAUL ZEIZEL: Of course. You cannot be the therapist and the examiner. The therapist is an advocate. The examiner looks for the truth.

5801:31:43

MS. BUCKINGHAM: Do you recall in this case submitting recommendations to the court in November of 2025 about the defendant regarding accommodations for her?

5811:31:53

PAUL ZEIZEL: I know in general, but I don't know specifically what those accommodation requests were. I can't remember them.

5821:32:00

MS. BUCKINGHAM: But you, you wrote, you authored and signed a letter dated November 13th, 2025 to the court, correct?

5831:32:06

PAUL ZEIZEL: Yes. But I'm saying I don't remember specifically what those recommendations were. I know I did that, but-

5841:32:11

MS. BUCKINGHAM: I'm not asking you that. I'm just asking if you wrote the letter.

5851:32:14

THE COURT: Hold on. Just reask the question, Doctor. If you listen to the question.

5861:32:18

PAUL ZEIZEL: Yes, sir.

5871:32:18

MS. BUCKINGHAM: I'm asking if you wrote the letter, sir.

5881:32:20
5891:32:21

MS. BUCKINGHAM: And in that letter, you refer to providing essential clinical findings regarding the transportation of "my patient, Lindsay Clancy." Do you recall writing that?

5901:32:31
5911:32:32

MS. BUCKINGHAM: And so at various points throughout, over the years of this case, you have referred to her as your patient, have you not?

5921:32:39

PAUL ZEIZEL: I wouldn't be,

5931:32:45

PAUL ZEIZEL: I think,

5941:32:48

PAUL ZEIZEL: Able to define her as something else. She was a patient who I did a forensic evaluation of.

5951:32:56

MS. BUCKINGHAM: Well, you referred to the court outside of this evaluation you're testifying about to her as your patient in this letter from November 13th of 2025.

5961:33:05

PAUL ZEIZEL: Right. I evaluated Ms. Clancy, who was a patient. If I evaluated her, then she's my patient. As she is other doctors' patients at Tewksbury and other places that she's been at.

5971:33:23

MS. BUCKINGHAM: But you call her "my patient" in the letter.

5981:33:27

PAUL ZEIZEL: I wrote the letter.

5991:33:28
6001:33:29

PAUL ZEIZEL: Whose patient would I be referring to if I'm speaking about Ms. Clancy given that she's my patient? Yes, I wrote she was my patient. That's correct.

6011:33:39

MS. BUCKINGHAM: Okay. And you're aware of, again, the APA guidelines on forensic psychology, where it warns, "Therapeutic forensic role conflicts. Providing forensic and therapeutic psychological services to the same individual involves multiple relationships that may impair objectivity and/or cause exploitation or other harm." You're aware of that Section four point zero two?

6021:34:01
6031:34:02

MS. BUCKINGHAM: And in this particular case, since the beginning, you've appeared regularly in court hearings, right?

6041:34:14
6051:34:14

MS. BUCKINGHAM: You've appeared with Attorney Reddington at arraignment proceedings.

6061:34:19

PAUL ZEIZEL: At his request, yes.

6071:34:20

MS. BUCKINGHAM: Both here and at Tewksbury State Hospital, where you were sitting next to the defendant.

6081:34:25
6091:34:26

MS. BUCKINGHAM: And you also, on February 8th of 2023, participated in a news conference, did you not?

6101:34:36
6111:34:38

MS. BUCKINGHAM: It was outside the courthouse here.

6121:34:40
6131:34:41

MS. BUCKINGHAM: And you gave an interview with the Daily News, where you commented on Ms. Clancy.

6141:34:44

PAUL ZEIZEL: I just made a comment. That's correct.

6151:34:46

MS. BUCKINGHAM: And at this time, Your Honor, I'd like to play a clip of the news conference, please.

6161:34:52

THE COURT: Mr. Reddington.

6171:34:56
6181:34:57

THE COURT: All right.

6191:35:19

THE COURT: I can't see the TV. Thanks.

6201:35:42

PAUL ZEIZEL: That's the TV volume right there.

6211:35:45

AUDIO RECORDING: Of course. So I've been the past few days, multiple hours each day. What I can say without going too far is that her affect is absolutely flattened. She's in a very surreal state. It feels dreamlike to her, as she's described to me on multiple occasions. And individuals who can present as being lucid and linear and clear-thinking do not make those people not mentally ill. They have the capacity for, on occasion, to be able to do things that they've been doing for a long period of time. When you have delusional thinking, fixed beliefs that are unchangeable, and hallucinations, namely command hallucinations telling you to do things, telling you to do things that are malevolent, and you believe those voices that are telling you, you need to follow what they say, that's when things go downhill behaviorally, psychiatrically, and familially. And that's what we see in the most tragic of cases for individuals who could be healthy and normal, and quite frankly, because they're paranoid and worried about what others think, they hold back the ones they care. And in some cases throughout the country and the world, these are people who one day will be functioning well. But because they have the onset of command hallucinations, which they hear too, and they believe the voices that they have to do something, that's when tragedy occurs. And I think that sort of is under the override rubric that this case falls under.

6221:37:29

MS. BUCKINGHAM: So sir, on December 8th of 2023, when you provided that, your observations, you had met with the defendant on two occasions, correct?

6231:37:45

PAUL ZEIZEL: I believe three occasions.

6241:37:47

MS. BUCKINGHAM: Okay. Had you all—had you any of the records that have been presented in the course of this trial?

6251:37:54
6261:37:55

MS. BUCKINGHAM: Any of the records that are listed in your sources of information?

6271:37:59
6281:38:00

MS. BUCKINGHAM: And as you sit here and testify today, you've testified to the same conclusions, correct?

6291:38:06

PAUL ZEIZEL: What I said was individuals like that present this way. I was not referring to Ms. Clancy. I said individuals who have these symptoms, like the ones I clarified, present that way. That was not an assessment of Ms. Clancy. That was an assessment of people who go the—through major mental health crises.

6301:38:37

MS. BUCKINGHAM: But as you sat here today, you've talked about the fact that people... that she had delusional thinking, the fact that she had command hallucinations, the fact that she believed that, these voices, and that she was paranoid and worried. You've consistently testified about that throughout the course of yesterday and today, correct?

6311:39:00
6321:39:01

MS. BUCKINGHAM: It's a yes or no.

6331:39:04

PAUL ZEIZEL: You make it impossible to answer that question.

6341:39:05

THE COURT: All right. The next question.

6351:39:12

MS. BUCKINGHAM: In addition to... Well, you testified today that a person in a psychotic state can do things they've done before, but it might be hard for them to do new tasks, right?

6361:39:27
6371:39:28

MS. BUCKINGHAM: So if it's something that is part of their daily life, getting up, caring for the kids, feeding, making a meal, driving a car. Those are things that people do every day, and a lot of times don't even have to think about, right?

6381:39:43
6391:39:43

PAUL ZEIZEL: No thinking necessary. It's a visceral response, automatic response.

6401:39:47

MS. BUCKINGHAM: You're aware that on this particular day of this incident on January 24th of 2023, that the defendant took Cora to the doctor's, right?

6411:39:58
6421:39:59

MS. BUCKINGHAM: And you indicated in your testimony today that it was for a regular checkup. But in your report, you identify that it was for a stomach ache, right?

6431:40:08

PAUL ZEIZEL: Yes. She had a stomach ache.

6441:40:10

MS. BUCKINGHAM: But in addition to maybe her having a stomach ache, she had previously had this visit scheduled, and you're aware of that now, correct?

6451:40:17

PAUL ZEIZEL: Correct, yes.

6461:40:18

MS. BUCKINGHAM: And at the doctor there was a recommendation made for an over-the-counter medication, right?

6471:40:26
6481:40:27

MS. BUCKINGHAM: And the defendant was able to process that information, take it back with her, and then later, not immediately after the visit, but later in the day, search for where to get that medication, right?

6491:40:39

PAUL ZEIZEL: Psychosis doesn't lower your intellectual functioning, so you can do all those things. So that's correct.

6501:40:44

MS. BUCKINGHAM: Well, that wasn't my question. My question was did she do those things?

6511:40:46

PAUL ZEIZEL: Yes. So that's correct.

6521:40:47

MS. BUCKINGHAM: Okay. And would you... You've talked a lot about that a person can operate as normally as they can. But fair to say, if you're in a psychotic state, that person themselves has a significant amount of distress, right?

6531:41:05
6541:41:06

MS. BUCKINGHAM: And that in order to mask those symptoms, it requires an enormous amount of control, does it not?

6551:41:13

PAUL ZEIZEL: It depends on the level and the extremism of the psychotic processing. So some people will hear voices that are nominal. They whisper. Some people hear voices that are yelling and screaming. So it's on a range. It's a continuum. So the more upsetting, more powerful, demanding the voice, the more difficult it might be to resist it and do other things. The less, the easier it is.

6561:41:42

MS. BUCKINGHAM: In all of the time between September of 2022 and January 23rd of 2023, at any point in which the defendant heard these voices about harming herself, she didn't act on them then, did she?

6571:42:02

PAUL ZEIZEL: That's correct. Yes, she did not act on those. She sought help instead.

6581:42:13

MS. BUCKINGHAM: One moment, please.

6591:42:26

MS. BUCKINGHAM: Your Honor, I would move to admit the recording played as the next exhibit.

6601:42:30

THE COURT: I'm sorry. The what?

6611:42:31

MS. BUCKINGHAM: The recording that was played, I move to enter it as the next exhibit, please.

6621:42:34

THE COURT: That may be admitted.

6631:42:50

MS. BUCKINGHAM: If I can find it. Here it is.

6641:42:52

THE COURT: All right.

6651:42:54

MS. BUCKINGHAM: Thank you.

6661:42:56

COURT REPORTER: Exhibit 284.

6671:42:57

THE COURT: Thank you.

6681:43:03

MS. BUCKINGHAM: I have no further questions at this time.

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