10.Robert Flynn — Direct
186 linesMS. BUCKINGHAM: The Commonwealth would call Robert Flynn as its next witness, please.
COURT CLERK: Thank you. You may have a seat.
BAILIFF: Okay. Watch your step, please.
THE COURT: All right. Good afternoon, sir.
ROBERT FLYNN: Good afternoon, Your Honor.
THE COURT: Yeah. Attorney Buckingham, please.
MS. BUCKINGHAM: Thank you. Good afternoon. Could you please tell the jurors your first and last name?
ROBERT FLYNN: Robert Flynn. F-L-Y-N-N.
MS. BUCKINGHAM: And how are you employed, sir?
ROBERT FLYNN: For Duxbury Police Department.
MS. BUCKINGHAM: What is your current rank or assignment there?
ROBERT FLYNN: Currently I am a patrol sergeant.
MS. BUCKINGHAM: How long have you been with the Duxbury Police?
ROBERT FLYNN: About seven and a half years.
MS. BUCKINGHAM: Going back to January of 2023, what was your assignment then?
ROBERT FLYNN: I was assigned to the detective bureau.
MS. BUCKINGHAM: So if I draw your attention to January 24th of 2023, were you working that day or were you called in?
ROBERT FLYNN: Both. I worked the 8:00 AM to 4:00 PM shift, and I was called in later after my shift.
MS. BUCKINGHAM: Okay. So, you became aware of an incident that occurred in the town of Duxbury approximately 6:00 PM that evening?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: And so when you come back in after working that day shift, where do you go or where are you directed to go?
ROBERT FLYNN: I was contacted by a Sergeant Detective Jamali, who informed me to respond to 47 Summer Street.
MS. BUCKINGHAM: And so while you're en route to that location, are you monitoring the radio?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: And are you monitoring communications with other Duxbury officers?
ROBERT FLYNN: Yes, ma'am. I had a department-issued vehicle that I took home, and I responded to it in that vehicle. And I had scan on, which is getting all surrounding agencies, including fire, Pembroke, Kingston, Marshfield.
MS. BUCKINGHAM: And while you were en route and had that radio on, could you hear officers screaming and it being chaotic?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: When you arrived at 47 Summer Street, were there already other first responders there?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: And is it fair to say that when you actually arrived at that location, you were made aware that the children that were on scene had already been transported?
ROBERT FLYNN: No.
MS. BUCKINGHAM: Okay. So what did you know when you arrived? What did you—
ROBERT FLYNN: I knew that there was an incident involving children. I learned that when I initially responded and spoke to Sergeant Homestead. He was the one that informed me that it appeared that a mother had killed her three kids.
MS. BUCKINGHAM: Okay. Well, when you got there on the scene, were the children still in the house?
ROBERT FLYNN: So I was under the impression that they were still in the house because most incidents I've had involving a sudden death at a house, the fire department declares them on scene and it becomes a police matter, and we help with the investigation.
MS. BUCKINGHAM: Okay. And that was your understanding based on the information that you had, correct? But did you come to learn that the children had been transported?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: And how about the individual, the person, the fourth person, if you will, on scene? Were you advised that there was a woman who had been transported from the scene as well?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: And as a result of kinda the nature of what you believed you were coming into, did you call for extra help?
ROBERT FLYNN: Within our own department or...?
MS. BUCKINGHAM: With an outside department.
ROBERT FLYNN: Yes. Yes. So the Massachusetts State Police has jurisdiction over any death investigation in the town of Duxbury and other communities. So we are to notify investigators of the state police.
MS. BUCKINGHAM: And as a detective with the Duxbury Police, you're familiar with that relationship with the state police, that oftentimes when a death investigation occurs, that you work in connection with the state police detectives unit of that jurisdiction to conduct an investigation, correct?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: And so in this instance, when you went there, you believed that the children had already passed, so you made that phone call to the detectives unit, correct?
ROBERT FLYNN: That's correct.
MS. BUCKINGHAM: And certainly, well, sometime thereafter, you were advised of the children's passing and that this was a death investigation, correct?
ROBERT FLYNN: That is correct.
MS. BUCKINGHAM: Once the children had been removed from the scene and the defendant had been removed to the scene, did you and your other officers from the Duxbury Police Department do anything to secure the scene?
ROBERT FLYNN: Yeah. So I was—once we gathered more information and I notified the Massachusetts State Police, we decided to conduct a security sweep of the house. This is to make sure that there was no further suspects or further victims or any other people in the house that we may have missed.
MS. BUCKINGHAM: In regards to the security sweep, what is the goal? You just said, just described it to kind of identify if there are other people, but as far as your observations and your contact within the house, do you try to minimize your contact within the house in those instances?
ROBERT FLYNN: Yes. I'm not searching for any type of evidence. I just have different observations that I obviously notice.
MS. BUCKINGHAM: And what areas of the house did you go into prior to the arrival of the state police?
ROBERT FLYNN: I first entered, I entered with three, three of us. Sergeant Petrikus, who's from the Kingston Police Department, and it was Lieutenant Wyler at the time. So we all kind of went into our own separate rooms and separate ways throughout the house. But I think ultimately all three of us went to all three floors of the home.
MS. BUCKINGHAM: Okay. And so, talking first about the main floor of the house, did you go into the kitchen area?
ROBERT FLYNN: Yes, I did.
MS. BUCKINGHAM: And did you make any observations in that kitchen area?
ROBERT FLYNN: I observed, it was clear to me that there was young children living there. There was some paintings on the wall. I noticed a takeout food bag. The only word I remember from that is it being Mediterranean written on the receipt.
MS. BUCKINGHAM: Okay. And if I may approach with a picture.
THE COURT: Yes.
MS. BUCKINGHAM: Showing you... The pictures accurately depict the kitchen area that you observed?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: I would move to admit this into evidence.
THE COURT: That may be admitted.
MS. BUCKINGHAM: The government's 44. Just kind of showing you on the screen what's been marked as exhibit 44. This is the kitchen at 47 Summer Street, and in the middle of the photograph is a takeout bag, correct?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: And you're aware that in the background here of the photograph where there's a kitchen table, there's kind of a door next to it?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: And then there's, on the other opposite side, there's a slider door, correct?
ROBERT FLYNN: Correct.
MS. BUCKINGHAM: And in addition to making those general observations about the kitchen area, did you go in other areas of the main floor of the house?
ROBERT FLYNN: Yes, I did.
MS. BUCKINGHAM: And in the living room area, let me show you what's been marked already as exhibit 25. Is that familiar to you as well?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: And again, upon your kind of sweep of this house, what stood out to you about the living room area?
ROBERT FLYNN: There appeared a young child lived there, and there was food on the couch, like a snack.
MS. BUCKINGHAM: And in this photograph, can you see a couple bowls, a bowl here on the bottom of the photo and a bowl further up on the couch?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: Now, in that main area of the house, you didn't find any other individuals, correct?
ROBERT FLYNN: Negative.
MS. BUCKINGHAM: And had you been made aware that the husband, Patrick Clancy, had been on scene and he had also been transported from the area?
ROBERT FLYNN: Patrick Clancy was on scene when I was there.
MS. BUCKINGHAM: Okay. At some point, did he go in an ambulance?
ROBERT FLYNN: Yes.
MS. BUCKINGHAM: Okay. Now, in that second floor of the hou- or, well, let me ask you, what's the next area of the house that you recall going through in this sweep?
ROBERT FLYNN: Into the basement.
MS. BUCKINGHAM: Now, were you advised that things had occurred in the basement?
ROBERT FLYNN: I think so. I'm not really...
MS. BUCKINGHAM: Okay. And fair to say, this was still, upon your arrival, a pretty chaotic scene?
ROBERT FLYNN: Correct.
MS. BUCKINGHAM: There was a lot of firefighters around, a lot of equipment going around.
ROBERT FLYNN: Correct.
MS. BUCKINGHAM: Okay. In that basement, did you do a full sweep of every room in the basement?
ROBERT FLYNN: Like I said, three of us combined and made sure that we at least hit every part that a human or someone could be in. So, yes.
MS. BUCKINGHAM: Okay. But as far as you yourself, fair to say you just kind of went in on the left side?
ROBERT FLYNN: Yes, I went into the left.
MS. BUCKINGHAM: And did you see a lot of the firefighters' equipment still left behind?
ROBERT FLYNN: Yes.
MS. BUCKINGHAM: A lot of medical supplies?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: Now, going up to now the second floor, did you go to the second floor of the home?
ROBERT FLYNN: The top floor of the...?
MS. BUCKINGHAM: Yes.
ROBERT FLYNN: Yes.
MS. BUCKINGHAM: And did you enter into the master bedroom?
ROBERT FLYNN: Yes.
MS. BUCKINGHAM: And is there anything that kind of struck you about walking into that master bedroom as far as the temperature of the room?
ROBERT FLYNN: It was colder than the rest of the house.
MS. BUCKINGHAM: And did you notice that there was, in fact, a window open?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: So I'm just gonna show you what's been marked as exhibit 43. Is that familiar to you as the window that you observed open?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: And as far as the furniture in that bedroom, did you make any observations of a bed in the room?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: Was there anything that stood out to you on the bedding or in the area of the bed?
ROBERT FLYNN: The bedding itself?
MS. BUCKINGHAM: If it stood out to you.
ROBERT FLYNN: Not necessarily, no.
MS. BUCKINGHAM: How about the items on the bed?
ROBERT FLYNN: Yeah. So Sergeant Petrikus pointed out that there was a cell phone on the bed.
MS. BUCKINGHAM: Okay. I'm just gonna show you. It's already been marked as exhibit 42. Let me see. There's an object. Is that how it appeared when you first entered into the bedroom?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: The phone.
MS. BUCKINGHAM: At some point, were you able to go out to the backyard of the home?
ROBERT FLYNN: Yes, ma'am. So after leaving the upstairs, we went back through the kitchen, and that's, we talked about earlier, and went out through the back slider.
MS. BUCKINGHAM: And were you able to make observations of the backyard area?
ROBERT FLYNN: Yes. We came out to a porch and took a left, which would've been the back right side of the house. And there was some matted down snow, and some other medical equipment, which we believed was the window that Lindsay Clancy came out of.
MS. BUCKINGHAM: And from that area or that vantage point in the backyard where you were, could you see into other areas of the house?
ROBERT FLYNN: Yes.
MS. BUCKINGHAM: And what areas of the house could you see into?
ROBERT FLYNN: Near where that area was, there was a basement window that kind of went into... But later learned what it was, but a basement window to like an office or gym area.
MS. BUCKINGHAM: Just gonna show you Exhibit 38.
MS. BUCKINGHAM: Is that familiar as the backyard view?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: And fair to say there's an area here of the photo that I'm pointing to with my pen, which is kind of on my right. That is a window well. Is that the window you could see into?
ROBERT FLYNN: Correct.
MS. BUCKINGHAM: And then again, in this photograph, do you see the open window that you observed when you went into the bedroom?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: As far as that open window, when you were in the backyard, did you see any screens or anything around the property that would give you any indication of how that window was open or the condition of the window?
ROBERT FLYNN: No. To me, it appeared that the screen was just pushed up.
MS. BUCKINGHAM: Now again, as you and the three other investigators did that sweep of the house, you didn't touch or move anything, correct?
ROBERT FLYNN: Negative.
MS. BUCKINGHAM: And once you were—did that security sweep, is there a protocol in place to make sure that the scene remains as it is until the state police arrive?
ROBERT FLYNN: Yeah. So there was, one of the officers was logging individuals that were in and out of the house. Crime scene tape was put up around the property. The doors were secured. And around this time is when I received a phone call from Trooper McKelligan.
MS. BUCKINGHAM: Okay. And did you remain on scene?
ROBERT FLYNN: We remained on scene until some troopers showed up to the area.
MS. BUCKINGHAM: Okay. And while you were on scene, did you attempt to help coordinate other members of the Duxbury Police Department to take care of other things like going to the hospitals and securing coverage?
ROBERT FLYNN: The decision for who was going to the hospital was made by our command staff. But I met some of the troopers back at the station to coordinate further.
MS. BUCKINGHAM: Okay. And when you were back at the station, were you aware or advised that a search warrant was sought for the residence?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: Did you go back to 47 Summer Street with the team when the search warrant was received?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: And did you participate in the execution of that warrant?
ROBERT FLYNN: I was present during it.
MS. BUCKINGHAM: Okay. Fair to say, though, you didn't—you weren't responsible for searching any particular location or collecting any evidence?
ROBERT FLYNN: No, ma'am.
MS. BUCKINGHAM: That was reserved for the state police?
ROBERT FLYNN: For the most part, yes.
MS. BUCKINGHAM: At the conclusion of that search warrant, were you asked to go back into the house?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: And what were you asked to go back in the house to do?
ROBERT FLYNN: Once the search warrant was completed, my lieutenant told me to go back up into the house and close the window in the upstairs bedroom.
MS. BUCKINGHAM: And when you went back and got closer to that window, did you make any observations of damage to the window or the window screen?
ROBERT FLYNN: No.
MS. BUCKINGHAM: And were you able to close it and secure the window?
ROBERT FLYNN: Eventually, yes.
MS. BUCKINGHAM: Fair to say there was blood in that area that kinda was in the way?
ROBERT FLYNN: Yes, and the bed was kinda pushed in front of it.
MS. BUCKINGHAM: So did you have to move the bed in order to get to the window?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: As far as anything removed from the home, did you go back into the basement at somebody's direction?
ROBERT FLYNN: No, ma'am.
MS. BUCKINGHAM: At some point, had you helped to remove some medical equipment that the fire department had left behind?
ROBERT FLYNN: That was during the search warrant.
MS. BUCKINGHAM: Okay. And is that the only items that you yourself removed from the home?
ROBERT FLYNN: Correct.
MS. BUCKINGHAM: As part of the follow-up investigation, did you work with Trooper McKelligan and some of the other troopers from the state police detective unit to conduct follow-up interviews and gather more information?
ROBERT FLYNN: Yes, ma'am.
MS. BUCKINGHAM: Is it fair to say that the state police were the primary investigators, and they took over pretty much everything from that point on?
ROBERT FLYNN: That is correct.
MS. BUCKINGHAM: I have nothing further. Thank you.
THE COURT: All right. Mr. Reddington?
MR. REDDINGTON: I have no questions. Thank you, sir.
THE COURT: All right. Thank you, sir.