1.Clancy’s Rights Colloquy and Acceptance of Factual Stipulations
59 linesCOURT CLERK: Good morning, Your Honor. May I proceed?
THE COURT: Yes, please.
COURT CLERK: Your Honor, before the court today We have the matter of Commonwealth versus Lindsay Clancy. Ms. Clancy is present. She is represented by Attorney Kevin Reddington.
COURT CLERK: The Commonwealth is represented by Assistant District Attorney Jennifer Sprague and Assistant District Attorney Shanan Buckingham.
THE COURT: All right. Well, good morning, counsel.
MS. SPRAGUE: Good morning.
MR. REDDINGTON: Good morning, Judge.
THE COURT: Good morning, Ms. Clancy.
MS. CLANCY: Good morning.
THE COURT: All right. Can I see counsel sidebar, please?
COURT REPORTER: Exhibit J for ID.
MR. REDDINGTON: All set, Your Honor. Thank you.
THE COURT: All right. Thank you. All right.
COURT CLERK: May I swear in Ms. Clancy?
THE COURT: Yeah. What we're going to do at this point, Ms. Clancy, I'm gonna... My understanding is that you, through counsel, have offered to stipulate to certain facts that would be introduced during the course of this trial. So what I wanna do is just ask you a series of questions to make sure that you understand, you know, the effect of stipulating to these facts. So I'm gonna just ask you some brief questions at this point. And then we'll kinda go from there. So if you could swear Ms. Clancy in, please.
COURT CLERK: Please raise your right hand. Do you solemnly swear that the truth—[oath administered]?
MS. CLANCY: I do.
THE COURT: All right. Ms. Clancy, I have been shown a list or a summary of stipulations that's been marked as exhibit or J for identification. So it's my understanding that you are requesting or offering to stipulate to certain facts. Is that correct?
MS. CLANCY: Yes, Your Honor.
THE COURT: All right. And before I accept that, I gotta make sure, ask you some questions, make sure that your decision to do so is voluntary, that you understand the consequences. So I'm gonna ask you some questions. If at any time you need to speak to Mr. Reddington, or you have any questions, or have problems understanding what I'm saying, just let me know, okay?
MS. CLANCY: Okay.
THE COURT: All right. Now, do you understand that the Commonwealth in this case is required to prove each and every element of the case against you beyond a reasonable doubt? Do you understand that?
MS. CLANCY: Yes, Your Honor.
THE COURT: All right. Do you understand that there are certain facts that could be introduced during the course of the trial that would support, might support, the Commonwealth's position regarding those elements? Do you understand that?
MS. CLANCY: Yes, Your Honor.
THE COURT: All right. And do you understand that by signing the stipulation, you're agreeing that the Commonwealth does not have to prove these certain facts that are contained in the stipulation? Do you understand that?
MS. CLANCY: Yes, Your Honor.
THE COURT: All right. And do you understand by signing or going along with that stipulation, you are basically relieving the Commonwealth of its burden to prove those certain facts? Do you understand that?
MS. CLANCY: Yes, Your Honor.
THE COURT: All right. Is that what you wanna do at this point?
MS. CLANCY: Yes.
THE COURT: All right. Have you gone over this stipulation or the summary of the stipulations with Attorney Reddington?
MS. CLANCY: Yes, I have.
THE COURT: All right. Do you need any more time to do that?
MS. CLANCY: No, thank you.
THE COURT: All right. Now by entering into this stipulation, you're giving up some important rights, so I kinda wanna go over those with you at this time. Do you understand, by law you're presumed to be innocent of each charge against you, and you do not have to prove your innocence? All right. So instead, at trial the Commonwealth, as I said to you before, has the burden of proving you are guilty of each element of the charges against you. And by entering into this stipulation, you're giving up your right to force the Commonwealth to prove the facts that are contained in these stipulations. Do you understand that?
MS. CLANCY: Yes, Your Honor.
THE COURT: All right. You also, at trial, where we are now, you have the right to confront the witnesses that would testify about these facts, and by entering into this stipulation, you're giving up that right with respect to these stipulated facts. Do you understand that?
MS. CLANCY: Yes, Your Honor.
THE COURT: All right. You also, if you wanted to, could call your own witnesses at the trial to contest these stipulated facts if you wanted to. You understand you'd be giving up that right by entering into this stipulation?
MS. CLANCY: Yes, Your Honor.
THE COURT: All right. You also at trial have the right to remain silent and cannot be forced to testify at this. Do you understand by entering into this stipulation you're giving up in a limited way that right with respect to just those facts?
MS. CLANCY: Yes, Your Honor.
THE COURT: All right. Are you doing this willingly and voluntarily?
MS. CLANCY: Yes, I am.
THE COURT: All right. Has anyone forced you or threatened you to enter into this stipulation?
MS. CLANCY: No, Your Honor.
THE COURT: Have you had enough time to talk to counsel about this?
MS. CLANCY: Yes, I have.
THE COURT: All right.
THE COURT: All right. I make the following findings. I find that Ms. Clancy has knowingly, intelligently, voluntarily, and willingly entered into the stipulation of the facts that are contained and summarized in Exhibit J for identification. I find that she is competent to enter into this stipulation. I find she understands the consequences of entering into this stipulation, so accordingly, I now accept the proposed stipulation of facts. Thank you.
MR. REDDINGTON: I just would like, Your Honor, for the record, to again reiterate the fact that we have not been contesting the government's case in chief, if you will. Have been agreeing to evidence, and this stipulation basically relieves the government of having to bring in dozens, if not more witnesses to prove chain of custody of blood, fluids, the bands, DNA, all of that. Rather than have days of testimony, this stipulation will avoid that. So that's why we're stipulating to it.
THE COURT: All right. All right. Commonwealth, anything else you wanna add?
MS. SPRAGUE: I got it.
THE COURT: Okay. All right. So, like I said, I have made those findings. I'm going to accept the stipulation that Ms. Clancy has agreed to and that the parties have agreed to, consistent with J for identification. Counsel, are we ready for the jury then? Any further?
MS. SPRAGUE: Yes, Your Honor.
MR. REDDINGTON: Yes.
THE COURT: All right. Why don't we bring the jury in?
THE COURT: Counsel, while we're... I forgot to ask. While we wait for the jury, can I see you very briefly?