1.Sheila Cavanaugh — Direct/Cross/Redirect/Recross
240 linesBAILIFF: This court is now in session. You may be seated.
COURT CLERK: Your Honor, may I proceed?
THE COURT: Yes, please.
COURT CLERK: Your Honor, this morning for today we have the matter of Commonwealth versus Lindsay Clancy. Ms. Clancy is present. She is represented by Attorney Kevin Reddington, and Commonwealth is represented by Assistant District Attorney Jennifer Sprague and Assistant District Attorney Shanan Buckingham.
THE COURT: All right. Well, good morning, everyone. Good morning, counsel. Good morning, Ms. Clancy.
MS. CLANCY: Good morning, Your Honor.
THE COURT: All right. Before we get going, can I see counsel at sidebar?
THE COURT: All right.
THE COURT: We're gonna be in a short recess, and we're gonna bring the jury back in, and we'll call the next witness. Okay?
BAILIFF: Court, all rise.
BAILIFF: This court is back in session. Please be seated.
COURT CLERK: Your Honor, at this time I have a motion to approach the bench in the matter of Commonwealth versus Lindsay Clancy. All parties are present excluding the jury.
THE COURT: All right. Counsel, we ready for the jury?
MR. REDDINGTON: Yes, Your Honor.
THE COURT: All right. Bring them in.
BAILIFF: Court, all rise, please.
BAILIFF: Hear ye, hear ye, hear ye. All persons having anything to do before the Honorable William Sullivan, Justice of the Superior Court now sitting in Plymouth within the Commonwealth of Commonwealth. Draw near, give your attendance, and you shall be heard. By order of the Commonwealth of Massachusetts, our Massachusetts 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, this morning for court today we have a 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. Thank you, Madam Clerk. Good morning, everyone. Nice to see you again. I know I just spoke to you probably about 10 minutes ago. But again, I just, I wanna ask you those questions, then we'll talk a little bit about what our schedule is today and for the rest of the week. All right, so, 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 as a juror?
JURORS: No, Your Honor.
THE COURT: All right. Next, is there any other serious matter or concern bearing on your service as a juror that anybody needs to bring to my attention at this time? All right. Again, thank you for following those instructions. And then in regards to our schedule today, you're allowed to kinda roll your eyes 'cause I'm gonna say we're gonna have kind of a short day today. All right? But—and that is, as I talked to you yesterday, about an issue that has nothing to do with any of the attorneys in this case. All right? It's just something we're gonna work out, and I anticipate it will be worked out so that tomorrow, you should count on a lengthier day. All right? I talked to counsel earlier this morning in regards to where we are in regards to the schedule and the timeline. We are still, if not on schedule, still ahead of schedule. All right? And this delay that we may have a little bit this afternoon won't affect that. All right? So, I just kinda wanted to let you know that I appreciate—I know you came in here this morning. It's gonna be a short day, but also gear up for a longer day tomorrow. Okay? And so, with that, what—the other thing is I—and I told you, it's got nothing to do with any of the attorneys, but it's also—or the parties. So you're not to speculate about what this might be. It's also, you're not to hold it against either of the parties in regards to this. All right? If you're gonna hold it against anybody, you can hold it against me. All right? So with that, we're gonna return now to the evidence in this case. And Attorney Reddington.
MR. REDDINGTON: Thank you. Sheila Cavanaugh, please.
COURT CLERK: Raise your right hand, please.
COURT CLERK: Do you solemnly swear that the testimony and the evidence you shall give to the court and the jury in the matter now pending between the Commonwealth and the defendant at the bar shall be the truth, the whole truth, and nothing but the truth, so help you God?
SHEILA CAVANAUGH: Yes.
COURT CLERK: Thank you. You may have a seat.
THE COURT: All right. Well, good morning.
SHEILA CAVANAUGH: Good morning, Your Honor.
THE COURT: All right, I just ask you to speak into that microphone and keep your voice up so the jury can hear you. Attorney Reddington.
MR. REDDINGTON: Thank you. Good morning. Can you tell us your name and spell your last name, please?
SHEILA CAVANAUGH: My name is Sheila Cavanaugh, C-A-V-A-N-A-U-G-H.
MR. REDDINGTON: And what town do you live in?
SHEILA CAVANAUGH: I live in the town of Belmont, Massachusetts.
MR. REDDINGTON: And what are you doing for work now?
SHEILA CAVANAUGH: I am a board-certified chaplain at Brigham and Women's Hospital in Boston.
MR. REDDINGTON: And I didn't know that there were board-certified chaplains. What does that mean?
SHEILA CAVANAUGH: Well, to become board-certified, you need minimally a master's degree in theology or divinity. You need to complete 1,600 hours of training post your master's degree. 1,200 of those hours are, occur in a clinical setting, and 400 of those hours are in a classroom setting, where we study various disciplines, psychology, sociology, philosophy, theology, and ethics. Beyond that training, we need to acquire 2,000 hours of additional clinical training before we can even apply for board certification, and we have to demonstrate mastery of 30 competencies before we go to a national board, and they make the assessment. I also need an ecclesiastical endorsement, and in my case, that was from the Archdiocese of Boston from Cardinal Seán O'Malley.
MR. REDDINGTON: And before you obtained the board certification and your education to allow you to be a chaplain, what did you do for work?
SHEILA CAVANAUGH: Prior to becoming a chaplain, which is a second career for me, I was a senior vice president at Fidelity Investments in Boston.
MR. REDDINGTON: And how long were you senior VP at Fidelity?
SHEILA CAVANAUGH: 16 years.
MR. REDDINGTON: And are you married?
SHEILA CAVANAUGH: I am.
MR. REDDINGTON: You have a family?
SHEILA CAVANAUGH: I do. My husband and I are the parents of four adopted children. When I was pursuing my master's degree at Boston College, it was a three-year master's, but it took me five years because we adopted our fourth child while I was in graduate school. She was a 14-year-old girl from Bogotá, Colombia.
MR. REDDINGTON: And how long have you been working now as a chaplain at Brigham and Women's Hospital?
SHEILA CAVANAUGH: Seven years.
MR. REDDINGTON: In the course of your duties as a chaplain at Brigham and Women's Hospital, did circumstances bring you in contact with Lindsay Clancy?
SHEILA CAVANAUGH: Yes, they did.
MR. REDDINGTON: Can you tell the jurors what happened?
SHEILA CAVANAUGH: I arrived on the morning of Wednesday, January 25th, 2023. I arrived at approximately 8:30 that morning because I was there to relieve the overnight chaplain who was carrying the pager. I was taking over the pager shift, which went from 9:00 to 1:00 PM, although I was working a full day. When I arrived that morning, she said to me, "Did you hear the news?" And I ha-
MR. REDDINGTON: Oh, okay. So...
THE COURT: Sustain.
SHEILA CAVANAUGH: Okay.
MR. REDDINGTON: So you can't... You're gonna object, so you can't say what someone told you, okay? That's what hearsay-
SHEILA CAVANAUGH: Oh, okay.
MR. REDDINGTON: Okay.
SHEILA CAVANAUGH: Okay.
MR. REDDINGTON: So I can say, as a result of a conversation with that person, what happened?
SHEILA CAVANAUGH: I was summoned to the director of spiritual care's office, and sh—
MR. REDDINGTON: Did you have a conversation with her?
SHEILA CAVANAUGH: I did.
MR. REDDINGTON: All right. And as a result of that conversation, what did you do?
SHEILA CAVANAUGH: I went to Unit 8C in the tower building of Brigham to meet with Lindsay Clancy.
MR. REDDINGTON: And what time of day was this?
SHEILA CAVANAUGH: Roughly between 8:30 and 9:30 that morning.
MR. REDDINGTON: And when you went in to see Lindsay, what did you observe?
SHEILA CAVANAUGH: Well, the unit itself was filled with law enforcement officers, both outside the doors of the unit. There was Brigham Security. But the unit itself was flooded. There were people from Plymouth County, Boston City Police, Brigham Security. So I had to make my way through concentric circles of law enforcement to even get to the room. I was permitted to see Lindsay, although she could not speak at that time.
MR. REDDINGTON: And what was her condition that you observed?
SHEILA CAVANAUGH: She was dressed in medical armor. She had tubes. She was intubated. She had bandages. She had a neck brace. She was just covered and layered in equipment that enabled her to breathe.
MR. REDDINGTON: I'm showing you exhibit 121 and asking, this may be South Shore or could be Brigham and Women's. But is this indicative of what she appeared to be when you first saw her?
SHEILA CAVANAUGH: That looks like it's from South Shore, because when—
MR. REDDINGTON: South Shore?
SHEILA CAVANAUGH: Yes.
MR. REDDINGTON: Did she have the same—
SHEILA CAVANAUGH: Similar.
MR. REDDINGTON: ... very similar—
SHEILA CAVANAUGH: Very similar.
MR. REDDINGTON: ... like that?
SHEILA CAVANAUGH: Yes. Very similar.
MR. REDDINGTON: Did you see her again on another date?
SHEILA CAVANAUGH: I did. I saw her the next day. Again, she could not speak. She was intubated as well. That was the first week that she was hospitalized.
MR. REDDINGTON: When was the next time that you saw her?
SHEILA CAVANAUGH: The next time I saw her was the following week. I have a calendar here of my visits. I saw her on Tuesday, January 31st, and she had been extubated at that point, so she could speak.
MR. REDDINGTON: So the tube had been removed, she was able to communicate, and that was on January 31st?
SHEILA CAVANAUGH: I believe she was extubated the weekend of the 28th, but I didn't work that weekend, so I saw her on Tuesday the 31st.
MR. REDDINGTON: All right. Tell the jurors what you observed and what, if any, conversation you had with Lindsay on the 31st. And let me ask you, how long had it been that they removed the tube?
SHEILA CAVANAUGH: Perhaps a day or two.
MR. REDDINGTON: A day or two, okay. Tell the jurors what she said to you.
SHEILA CAVANAUGH: She continued to look like the photograph you just saw. She was covered, tubes everywhere, the neck brace. Her emotional state was very neutral, a flat affect. But I remember vividly the first thing she said to me. Now, she had heard me for a couple of days. We had been praying together. And so when I went in on Tuesday the 31st, she said to me as I held her hand to comfort her, "I am so glad my children are safe."
MR. REDDINGTON: Was there any other conversation that you had with her?
SHEILA CAVANAUGH: I replied theologically to Lindsay, and I said, "Lindsay, your children are safe. They're safe in heaven with God." And I held her hand throughout that conversation, and we prayed for them.
MR. REDDINGTON: Did she make any other statements to you?
SHEILA CAVANAUGH: She did. She alluded to having heard a voice, and the voice, according to Lindsay, told her that if she did not follow the command, neither she nor her children would be safe.
MR. REDDINGTON: And did she indicate whether it was a male voice, a female voice, loud, soft?
SHEILA CAVANAUGH: She alluded to the fact that it was a male voice, and it was persistent.
MR. REDDINGTON: Any further conversation that you recall about that, not about general things? You know...
SHEILA CAVANAUGH: That came up several times. I visited Lindsay minimally 14 times while she was hospitalized at the Brigham, and the voice conversation came up several times during several of our visits.
MR. REDDINGTON: Now, after Lindsay was transferred or cleared to go from Brigham and Women's Hospital, did she go to another facility?
SHEILA CAVANAUGH: She did. She went to Spaulding Rehabilitation Hospital.
MR. REDDINGTON: And do you know when that was?
SHEILA CAVANAUGH: That was roughly late February, perhaps around the 23rd.
MR. REDDINGTON: And did you continue to see Lindsay at Spaulding Rehab?
SHEILA CAVANAUGH: I did.
MR. REDDINGTON: Do you know when she left Spaulding Rehab?
SHEILA CAVANAUGH: In the late March, early April timeframe perhaps.
MR. REDDINGTON: Okay. Now, Brigham and Women's Hospital and Spaulding... Yeah, Spaulding Rehab are under the same umbrella of hospitals. Is that right?
SHEILA CAVANAUGH: They are. So Brigham and Women's Hospital and Spaulding Rehab are under the Mass General Brigham complex. So for me to visit Lindsay in Spaulding, I was still within the same hospital complex, and her psychiatrist at Spaulding, as well as the chaplains, advised me to continue—
MR. REDDINGTON: No, no, you can't, you can't say what anybody told you.
SHEILA CAVANAUGH: Oh, sorry.
MR. REDDINGTON: So when she was discharged from Spaulding Rehab, where did she go?
SHEILA CAVANAUGH: She went to Tewksbury State Hospital.
MR. REDDINGTON: And fair to say that that would be back around Feb... Well, it's been a little more than three years, or three and a half years.
SHEILA CAVANAUGH: Yes.
MR. REDDINGTON: Is that correct? Now, when you saw her in Spaulding Rehab and in Brigham and Women's, you were acting in the course of your job. Is that right?
SHEILA CAVANAUGH: That's correct.
MR. REDDINGTON: You're being compensated. You're getting a paycheck and that type of thing.
SHEILA CAVANAUGH: Yes.
MR. REDDINGTON: How many times have you seen Lindsay at Tewksbury Hospital?
SHEILA CAVANAUGH: Perhaps 200 times.
MR. REDDINGTON: Tell the jury why you continued to see her for 200-
MS. SPRAGUE: Objection.
THE COURT: Sustained.
MR. REDDINGTON: So can you tell us how often on a weekly basis you would see her at Tewksbury?
SHEILA CAVANAUGH: Yes. When Lindsay was admitted to Tewksbury State Hospital, I continued to see her on a weekly basis. We had built up a very comfortable, respectful rapport, and I felt it was in her best interest to continue that as she healed. She was still in deep grief. She was suffering.
THE COURT: Sustained.
THE COURT: That opinion will be stricken.
MR. REDDINGTON: So did she express anything about her children and their loss over that period of 200 times that you saw her, thereabouts, in Tewksbury?
MS. SPRAGUE: Objection.
THE COURT: No, overruled.
SHEILA CAVANAUGH: Yes.
MR. REDDINGTON: Tell the jurors.
SHEILA CAVANAUGH: Lindsay talks frequently about her children. She loves them deeply. She carries immense grief.
MS. SPRAGUE: Objection.
THE COURT: Overruled. Next question though.
MR. REDDINGTON: And has that continued to your observation?
SHEILA CAVANAUGH: It continues presently.
MR. REDDINGTON: When was the last time that you saw Lindsay in Tewksbury?
SHEILA CAVANAUGH: Just prior to the trial starting.
MR. REDDINGTON: Thank you very much. Appreciate it.
SHEILA CAVANAUGH: Thank you.
THE COURT: All right. Commonwealth.
MS. SPRAGUE: Thank you. Excuse me. Good morning.
SHEILA CAVANAUGH: Good morning.
MS. SPRAGUE: You were talking about on January 25th, 2023, when you first saw Lindsay in direct examination, and you said that there were a lot of police officers in the area, correct?
SHEILA CAVANAUGH: Correct.
MS. SPRAGUE: But you mentioned that some of them were security personnel from the hospital, correct?
SHEILA CAVANAUGH: Correct.
MS. SPRAGUE: And you're aware that the security personnel for the hospital don't work for the state police, the Duxbury Police or the Plymouth County DA's office, correct?
SHEILA CAVANAUGH: Correct.
MS. SPRAGUE: So they're separate and apart from law enforcement, correct?
SHEILA CAVANAUGH: Yes.
MS. SPRAGUE: And then are you also aware that on January 25th, 2023, there was a search warrant being executed to collect evidence from the defendant and from the belongings that she had at the hospital?
SHEILA CAVANAUGH: No, I was not aware of that.
MS. SPRAGUE: Were you aware that that collection of the search warrant required state police and personnel from the crime lab to be present for the collection of evidence?
SHEILA CAVANAUGH: I was not aware of that.
MS. SPRAGUE: Were you aware that following that, at any given time, there were only two officers, either Duxbury Police, state police or Plymouth County Sheriffs at her room, the defendant's room, at any given time?
SHEILA CAVANAUGH: I do recall that.
MS. SPRAGUE: And they were stationed outside of her room, correct, in the hallway?
SHEILA CAVANAUGH: Yes.
MS. SPRAGUE: So that the only time you saw this large amount of officers present was on the 25th, when there were security from the hospital and search warrants being executed, correct?
SHEILA CAVANAUGH: Perhaps.
MS. SPRAGUE: Okay. Now, you mentioned that on January 31st, 2023, you spoke to the defendant and she told you that she heard a voice telling her that if she did not follow the command, neither she nor her children would be safe, correct?
SHEILA CAVANAUGH: Correct.
MS. SPRAGUE: You wrote very detailed notes that are contained in the Brigham and Women's Hospital records regarding your interactions with Lindsay Clancy, didn't you?
SHEILA CAVANAUGH: Yes, I did.
MS. SPRAGUE: And in all of these notes that detail every time you interacted with her, you never once wrote that she told you she heard a voice or what that voice said, correct?
SHEILA CAVANAUGH: Correct.
MS. SPRAGUE: And you also said that this voice, talking about the voice, came up in several of your meetings, correct?
SHEILA CAVANAUGH: Correct.
MS. SPRAGUE: And you never once wrote about any of it in any of your very detailed notes, correct?
SHEILA CAVANAUGH: Well, chaplain no- notes are not verbatim transcripts of patient conversations. I'm not there to evaluate the patient. I'm there to bear witness to their suffering.
MS. SPRAGUE: Okay, but the question was you did not document those statements in your notes, correct?
SHEILA CAVANAUGH: Correct.
MS. SPRAGUE: But you did document some other statements in those notes, correct?
SHEILA CAVANAUGH: Perhaps.
MS. SPRAGUE: For example, on February 6th, 2023, in a note that you wrote regarding your interaction with the defendant, you said that, or you wrote, "Lindsay welcomed the visit and shared her fears of, quote, 'Not being able to walk again,' end quote. She continued to express her fears of how her inability to walk may make her vulnerable to others in the future." Do you recall writing that?
SHEILA CAVANAUGH: Yes.
MS. SPRAGUE: Do you recall writing on February 9th, 2023, that the defendant was sitting in a chair adjacent to her bed and part- appeared to be visibly engaged, energized, and hopeful than in previous visits? Do you recall that?
SHEILA CAVANAUGH: Yes.
MS. SPRAGUE: You also wrote in that note, "Lindsay spoke hopefully of being discharged when the time arrives to Spaulding," correct?
SHEILA CAVANAUGH: Correct.
MS. SPRAGUE: And then in February 13th, 2023, you wrote in your note that Lindsay also expressed hopefulness in relation to her physical progress. She feels she has gained considerable physical strength and agility, despite an inability to move her legs. She admitted that she feels, quote, "deserving of this," end quote, in light of recent events. Do you remember writing that?
SHEILA CAVANAUGH: Yes.
MS. SPRAGUE: Do you remember on February 16th, 2023, that you wrote in a note that the defendant expressed hopefulness with the news of her anticipated discharge to Spaulding, and seemed uplifted that she would be cared for in a facility with an excellent reputation?
SHEILA CAVANAUGH: Yes.
MS. SPRAGUE: Do you recall writing on February 16th, 2023, that Paula, the defendant's mother, and Lindsay, the defendant, were playing a card game as they communed quietly, and that Lindsay expressed hopefulness with the news of her anticipated discharge to Spaulding, and seemed uplifted?
SHEILA CAVANAUGH: Yes.
MS. SPRAGUE: And again, you've got all these details about her feelings and her thoughts and what she's doing, but nothing about the voices that you spoke of so many times, correct?
SHEILA CAVANAUGH: Correct.
MS. SPRAGUE: And speaking of Spaulding, you continued to visit her at Spaulding, correct?
SHEILA CAVANAUGH: Yes.
MS. SPRAGUE: Did, in those conversations with her at Spaulding, did she tell you that how in those first weeks at Spaulding, that part of her physical therapy, she was working out with a yellow exercise band? No?
SHEILA CAVANAUGH: I don't, I don't recall her telling me that.
MS. SPRAGUE: Did she tell you that during that time at Spaulding, she reached out to a social worker there and asked for help filling out SSDI paperwork to get an income?
SHEILA CAVANAUGH: That would be beyond the scope of our conversation.
MS. SPRAGUE: She didn't tell you those things?
MS. SPRAGUE: Thank you.
MR. REDDINGTON: So, counsel has asked you about her filling out forms for SSDI. Were you aware of what expenses her family and were incurring as a result of her physical incapacity, paralysis, and being in the hospital?
SHEILA CAVANAUGH: From my experience with thousands of patients, I had a very clear idea of the enormous expense.
MR. REDDINGTON: There's a difference between, as the district attorney very appropriately referred to, that your comments were about her thoughts, and her appearance and her feelings. Is that correct?
SHEILA CAVANAUGH: Correct.
MR. REDDINGTON: There's a difference, however, between privileged communications with a chaplain and observations of a person's feelings and thoughts, correct?
SHEILA CAVANAUGH: Correct.
MR. REDDINGTON: Tell the jury what effect privileged communication has when someone talks to you personally as a chaplain.
SHEILA CAVANAUGH: Because I'm not a medically trained clinician, I approach patients in a vortex of trust. Some of our chaplains at the Brigham are ordained clergy, and so there's this understanding that when a patient interacts with a chaplain, the conversations are confidential.
MR. REDDINGTON: Do you put them in medical records?
MR. REDDINGTON: The words, like Lindsay indicated, that she felt uplifted, I think counsel read that twice. Were those your notes, or is that what she said to you? Did she say, “I feel uplifted,” or is that your observation?
SHEILA CAVANAUGH: That was my perception of Lindsay. It was not her words.
MR. REDDINGTON: Thank you.
SHEILA CAVANAUGH: Thank you.
THE COURT: Commonwealth.
MS. SPRAGUE: You said you're not allowed to put the defendant's words in your medical records, is that correct?
SHEILA CAVANAUGH: No, that's not correct. It's not that I'm not allowed. It's an understanding, and it's a conversation that's held in confidence with the patient.
MS. SPRAGUE: Then why are there direct quotes in these medical records from the defendant?
SHEILA CAVANAUGH: Well, they're not verbatim transcripts.
MS. SPRAGUE: No, not a transcript of the whole conversation, but you put phrases in quotes. For example, on February sixth, twenty twenty-three, where it says, “Lindsay welcomed the visit and shared her fears of, quote, ‘not being able to walk again.’” So those were her words in your note, in quotes, in the medical record, correct?
SHEILA CAVANAUGH: Yes. Yes.
MS. SPRAGUE: Thank you.
SHEILA CAVANAUGH: I used my best judgment.
MS. SPRAGUE: Okay. I would move to have these submitted as the next exhibit, the notes of the witness in her interactions with Ms. Clancy at the Brigham and Women's.
THE COURT: Any objection?
THE COURT: All right. They may be admitted.
MR. REDDINGTON: I have no further quest— Sorry.
THE COURT: Mr. Reddington, go ahead.
MR. REDDINGTON: I have no further questions. Thank you.
SHEILA CAVANAUGH: Okay, thank you.
THE COURT: All right, thank you. You may step down.
THE COURT: All right, counsel, could I see you?
THE COURT: All right. I told you it was gonna be a short day for you, right? And I appreciate your patience with this. So I'm gonna excuse you till tomorrow at 9:00. All right? Same instructions. And that includes reading anything, talking about this case, watching anything. Just don't do it. All right? And when you leave here today, just drive, go home or wherever you're gonna go, and plan on being back here tomorrow morning at nine o'clock. The plan would be that it will be a— It may be a long— It will be a longer day than today. I appreciate you coming in here today. We moved the case a little bit today, and I appreciate that. So we were able to do that. So, I hope everybody has a nice afternoon and evening. We'll see you tomorrow morning for a longer day. And just remember those instructions from the moment you leave to the moment you come here tomorrow. Okay. Again, thank you so much.
BAILIFF: All rise, please. Jurors exiting.
BAILIFF: Jurors have exited the courtroom. This court is in session. Please be seated.
THE COURT: All right. So what we'll do is we'll take a short break at this point. We'll come back. We'll do kind of a preliminary charge conference. We're gonna just— I know counsel knows, but for everybody else, discuss possible jury instructions, suggestions from counsel. Then we can talk about any logistical issues that we have for tomorrow. And then we'll probably recess at that point. All right? So this will be a short recess, and we'll come back out. Thank you.
BAILIFF: Court, all rise.