6.Patrick Clancy — Redirect/Recross (Part 4)

MS. SPRAGUE: Yes, Your Honor. Thank you.

MS. SPRAGUE: Mr. Clancy, you were shown an email, and it's been marked as an exhibit, that you sent to coworkers on January 24th, 2023, at 5:24 PM, correct?

MS. SPRAGUE: And you were asked about it coming from the Surface Pro, but your testimony was that it could have come from your iPhone, correct?

MS. SPRAGUE: And in fact, you watched footage earlier of yourself going into the CVS in Kingston at 5:32 PM, correct?

MS. SPRAGUE: And you had your phone with you, correct, because you used it? And we also saw you on the 3V footage using your phone as well, correct?

MS. SPRAGUE: So this... You were clearly out of the house at 5:24 PM, correct?

MS. SPRAGUE: So you walked in at 5:32 PM, correct?

MS. SPRAGUE: And you left the house... As you were leaving the house, Lindsay sent you the text about Pedialax, correct?

MS. SPRAGUE: But that was sent at 5:15 PM, correct?

MS. SPRAGUE: And how far away is the Kingston CVS?

MS. SPRAGUE: Okay. And so, you leave the house, you get into your car, and you drive to CVS, correct?

MS. SPRAGUE: And so that should have taken three minutes, correct?

MS. SPRAGUE: So after the text that was sent at 5:15 PM, that would have been sometime around 5:18 or 5:20 PM that you should have arrived at CVS, correct?

MS. SPRAGUE: But you don't go in until 5:32 PM, correct?

MS. SPRAGUE: I'm not asking what time you pulled into the parking lot. But it is... Is it fair to say that the video that you were shown earlier shows you entering the store at 5:32 PM?

MS. SPRAGUE: So from the time you should have been at the parking lot of CVS around 5:20 PM until 5:32 PM, could you have been in your car sending this email on your iPhone?

MS. SPRAGUE: But sometime after the text was sent from Lindsay about Pedialax, but before 5:32 PM, you were in your car?

MS. SPRAGUE: Okay.

MS. SPRAGUE: Now, you were asked about my questions to you about going to Boston. And my questions to you were about December third, not December second, correct?

MS. SPRAGUE: Because your anniversary is December third, not December second, correct?

MS. SPRAGUE: So Dawson was taken to the doctor's on December second, correct?

MS. SPRAGUE: And on December third, did you have plans, not that they were followed through, but did you have plans to go to Boston that day?

MS. SPRAGUE: Sure.

MS. SPRAGUE: Okay. Great.

MS. SPRAGUE: So the plans that you had to go to Boston, showing you here...

MS. SPRAGUE: Some text messages between yourself and Lindsay. And here, there's one here that says, "The spa, the Omni, is booked, but you're on the wait list. As a backup, I have you booked for a massage at the nearby IHG for ninety minutes at one forty-five." Is that correct?

MS. SPRAGUE: And then you later say, "We can get lunch," and then, "Head over." She responds, "Okay." And then you write that they'll let you use the gym and the pool while she's getting her massage. Is that correct?

MS. SPRAGUE: And then you talk about plans for lunch and dinner. And so there were the plans. They just fell through, right?

MS. SPRAGUE: So it's not as if I made that up out of thin air. That's here in the text messages, correct?

MS. SPRAGUE: And was that from the wedding you went to?

MS. SPRAGUE: If we could have the text messages marked as an exhibit.

MS. SPRAGUE: Now, in cross-examination, you said that Lindsay always took the medications exactly as instructed.

MS. SPRAGUE: But in direct, you said you weren't always with her every time she took the pills. Is that correct?

MS. SPRAGUE: Because she told you she did?

MS. SPRAGUE: And because you trusted her to do so?

MS. SPRAGUE: Okay. But you can't sit here and say definitively that she took every pill exactly as instructed every single time, because you didn't watch her every time, correct?

MS. SPRAGUE: And you were asked about the Facebook search in August, August twenty-third, twenty twenty-two. And you were asked about being on the Surface Pro and looking up the country singer who—

MS. SPRAGUE: ... had killed himself. Is that right?

MS. SPRAGUE: Okay. So, I think that...

MS. SPRAGUE: What you said when you were asked by defense counsel about whether or not you accidentally went to this site on methods of suicide, you said that could be likely, that might have happened. You're not sure, correct?

MS. SPRAGUE: How often did you listen to him?

MS. SPRAGUE: Okay. And so were you aware that on 8/23, August 23rd, 2022, at nine forty AM, someone signed into Lindsay's Facebook account on the Surface Pro?

MS. SPRAGUE: And then at nine forty-three PM is when the Tom Hall site was accessed. Do you recall that?

MS. SPRAGUE: And at nine forty-five AM is when a person, not just hit a link by accident, but actually had to click on a link to go to suicide methods. Are you aware of that?

MS. SPRAGUE: Okay. Is there any reason why you would have been going in and logging on to Lindsay's Facebook account while going on Wikipedia and looking at suicide methods all in that same five minutes?

MS. SPRAGUE: At some point?

MS. SPRAGUE: Do you remember spending three minutes on the methods of suicide site, scrolling through and reading the methods of suicide site for three minutes?

MS. SPRAGUE: Do you remember being on that site, this methods of suicide, and clicking on a link to a bridge in Australia that people use to commit suicide?

MS. SPRAGUE: No. So in this five minutes or so, where someone's using the Surface Pro, using Lindsay's Facebook while doing that, and then clicking on these links you don't remember, you think it might have been you?

MS. SPRAGUE: Okay.

MS. SPRAGUE: Now, you talked about Lindsay's stay at McLean Hospital. You said that it was a locked ward, she had to stay there. Is that correct?

MS. SPRAGUE: But it was a voluntary commitment, wasn't it?

MS. SPRAGUE: You didn't file any legal paperwork to have her committed, correct?

MS. SPRAGUE: There was no court order making her stay there, correct?

MS. SPRAGUE: So if she wanted to leave, and expressed to the doctors that she wanted to leave, and they didn't believe she was a danger to herself or others, she could leave. Correct?

MS. SPRAGUE: Okay. Now, you stated on direct examination that you visited her two times during the time that she was there at McLean, right?

MS. SPRAGUE: And you said those were in the evening hours. Is that correct?

MS. SPRAGUE: Afternoon and evening. So you weren't there during the morning and early afternoon hours when they were offering these group therapies and when she was meeting with other practitioners?

MS. SPRAGUE: Okay. And were you there during the—when the staff was checking on her every fifteen minutes?

MS. SPRAGUE: Okay. And were you aware that she was evaluated several times, and at first she had to stay on the unit, but then eventually, based on what she was telling them, she was allowed to go on the grounds with staff?

MS. SPRAGUE: Okay. And so people were seeing her and interacting with her in changing the way her stay went at McLean Hospital throughout her stay.

MS. SPRAGUE: And you talked about Dr. Goodheart recommending medications. What was the medication that you said that she recommended?

MS. SPRAGUE: So looking here at the CVS records that you provided.

MS. SPRAGUE: We see... I'm sorry. Here we go. So we see here...

MS. SPRAGUE: Here we go. Alia Goodheart, second from the bottom.

MS. SPRAGUE: Trazodone fifty milligrams. So you thought that Dr. Goodheart had just recommended medication when ex- there was actually a prescription that was given by Dr. Goodheart, correct?

MS. SPRAGUE: Yeah.

MS. SPRAGUE: And so they were filled at CVS and sent to McLean?

MS. SPRAGUE: She was discharged on January fifth, correct?

MS. SPRAGUE: Are you aware that this document from CVS says that the prescription for trazodone fifty milligrams prescribed by Dr. Alia Goodheart was filled on January fifth, twenty twenty-three?

MS. SPRAGUE: Okay. And then the other prescription by Dr. Goodheart, the lorazepam, was also—one milligram lorazepam—was also filled on January fifth, twenty twenty-three. Correct?

MS. SPRAGUE: So that's when she was discharged, not while she was staying there, correct?

MS. SPRAGUE: So Dr. Goodheart did in fact prescribe medication for Lindsay, trazodone and Ativan, and not Cymbalta. Correct?

MS. SPRAGUE: And in fact, no one prescribed that, correct?

MS. SPRAGUE: And the amitriptyline was prescribed by Dr. Jennifer Tufts, correct?

MS. SPRAGUE: And that, and Dr. Tufts prescribed five milligrams of diazepam on January 9, 2023, correct?

MS. SPRAGUE: And amitriptyline on January 16th. It was 10 milligrams of amitriptyline, and that was prescribed when Lindsay said she was having some issues with depression, correct?

MS. SPRAGUE: Okay. So she went to McLean Hospital, and she was weaned off the Seroquel, correct?

MS. SPRAGUE: And all the medications that she had taken prior to going to McLean, she was no longer on, those were gone, correct, once she had been in McLean?

MS. SPRAGUE: Well, are you, did you have conversations with your wife about what she was taking? I mean, were you aware that she was only on—only prescribed trazodone and Ativan when she left McLean, and then amitriptyline was only added on the 16th? So just those three medications?

MS. SPRAGUE: Right. So she had been prescribed it before and stopped taking it, correct?

MS. SPRAGUE: So you're not sure about what she was taking and when, are you?

MS. SPRAGUE: So the best resource of what she was prescribed and when would most likely be the doctors and the CVS records then, correct?

MS. SPRAGUE: Okay. And you talked about the pills and how these were pills that she was no longer on, so it wasn't really a good representation of what she had taken, correct?

MS. SPRAGUE: But she was only prescribed Zoloft once, right, at the very beginning?

MS. SPRAGUE: And she only took seven of those pills, correct?

MS. SPRAGUE: So it wasn't as if she was prescribed a higher dose or a different dose of Zoloft and was still taking that, and so that seven pills misrepresents the Zoloft she took, right?

MS. SPRAGUE: Okay. And then even going forward, the Prozac, there weren't many pills taken out of that either, correct?

MS. SPRAGUE: Okay. So she'd take a few pills. She'd have some side effects. They'd switch the medication, correct?

MS. SPRAGUE: And so they were trying to figure out what would work for her, correct?

MS. SPRAGUE: Okay. And then she ends up at McLean because she's having difficulties, according to her, with the Seroquel, correct?

MS. SPRAGUE: And they wean her off of that, right?

MS. SPRAGUE: And then after McLean, she's only on the trazodone, the Ativan, and then on the 16th, adding in the amitriptyline, correct?

MS. SPRAGUE: You mentioned that you went to New York in November of 2022. Defense counsel said that was a month before the children were killed, but that's actually two months before they were killed, correct?

MS. SPRAGUE: And she hadn't been on the Seroquel yet, right?

MS. SPRAGUE: Would December sound right?

MS. SPRAGUE: And so when you took your trip to New York, she was having some issues, but she was doing okay, wasn't she?

MS. SPRAGUE: Okay. And did you also take another trip with Cora in November?

MS. SPRAGUE: And was that November 4th through the 7th to San Francisco?

MS. SPRAGUE: And where—who was taking care of Dawson and Callan while you were in San Francisco with Cora?

MS. SPRAGUE: And so during your trip to New York, and then immediately after your trip to San Francisco with Cora, were there any issues, or any problems, or did anything happen while Lindsay was caring for those kids?

MS. SPRAGUE: Okay. And it's your testimony that things started to get worse in December. Is that correct?

MS. SPRAGUE: But it was also your testimony that after the stay at McLean, things got better, wasn't it?

MS. SPRAGUE: And she steadily progressed throughout January, getting better, right?

MS. SPRAGUE: And on January 24th, 2023, you testified that that was one of her best days.

MS. SPRAGUE: You were asked about the Apple Watch. The police didn't collect the Apple Watch, right? They did collect her phone, correct? You identified it earlier, right?

MS. SPRAGUE: And her Apple Watch was linked to her phone, was it not?

MS. SPRAGUE: You were also asked about the drop from the second-floor window.

MS. SPRAGUE: Were you aware that the measurement from the windowsill to the ground was actually 12 feet?

MS. SPRAGUE: Just looking for one of the exhibits from defense counsel.

MS. SPRAGUE: Exhibit 84. This was the packet here that defense counsel was going through with you, where you said this is Lindsay writing Callan's schedule. Is that right?

MS. SPRAGUE: But this was also Lindsay sending notes back and forth between herself and Elaine. Is that correct?

MS. SPRAGUE: And 'cause there's different writing here, correct? If you wanna look at it.

MS. SPRAGUE: For example, this first page after the cover, we have writing here that you said was Lindsay's, correct?

MS. SPRAGUE: And then down here, there's a note that's in different handwriting, correct?

MS. SPRAGUE: Okay. So were you aware that Lindsay was using this notebook to communicate back and forth with the nanny about Callan's care?

MS. SPRAGUE: And so, for example, on Tuesday, September 4th, she wrote, "Last fed at 6:00 AM. Give him a bottle whenever he wakes up. He likes it very warm. He's been resisting the bottle. If it won't, if he won't drink it after forty-five minutes of trying, please text me to let me know. Put down for next nap one hour after he wakes. Try to put down drowsy, but awake. But if he cries, pick him up and rock, bounce, or hold him until asleep, then put down. He usually sleeps forty-five minutes, but let him sleep as long as he wants." These are very detailed notes that Lindsay is sending to the nanny, correct?

MS. SPRAGUE: And then she also wrote, "If you have time, wash and cut up veggies. Sweet potatoes, one-inch cubes, peeled. Broccoli, small pieces. Peppers, one-inch pieces. Plastic Ziploc bags to put them in. Next bottle two and a half hours after the first bottle." Correct?

MS. SPRAGUE: So very particular about what she wanted the nanny to do, how she wanted her to do it, and when to feed Callan, when to put him down for a nap, all of those things. Very particular, correct?

MS. SPRAGUE: Again, Thursday, September 29th, 2022. "Callan last fed at 8:45. Please put him down for a nap at 9:35. We will be home from gymnastics at 11:45. Clean clothes in dryer if you get to it." So again, very specific times for putting him down and when to get up and very—and asking her to do additional work like laundry and things like that, correct?

MS. SPRAGUE: Again, October 6th. "Ate at 8:15. Fell asleep at 8:40. Changing table is now in the bathroom. If he wakes before 9:40, give him fifteen minutes to settle himself back to sleep. I'm hoping he will sleep till 10:15. If he is still asleep at 10:40, wake him. Feeding at 11:00 AM. First try bottle. If he doesn't take it after fifteen minutes, make oatmeal. Two tablespoons of oatmeal. Make thin with breast milk and heat for five to ten seconds." Again, very specific directions on what she wants done and how she wants Callan cared for, correct?

MS. SPRAGUE: And throughout this notebook, it's more of the same, correct? Or have you even seen that?

MS. SPRAGUE: I have nothing further. Thank you.

MS. SPRAGUE: Can I see which one that is, please? No objection.

MS. SPRAGUE: Thank you.