11.Andrew Chiacchio — Direct/Cross
228 linesMS. BUCKINGHAM: Your Honor, the Commonwealth would call Andrew Chiacchio as its next witness.
THE COURT: All right.
ANDREW CHIACCHIO: Good afternoon.
COURT CLERK: Good afternoon. 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?
COURT CLERK: Thank you, sir. You may have a seat.
THE COURT: All right. Good afternoon, sir.
ANDREW CHIACCHIO: Good afternoon, Your Honor.
THE COURT: Counsel.
MS. BUCKINGHAM: Thank you. Good afternoon, sir. Can you tell the jurors your first and last name?
ANDREW CHIACCHIO: Andrew Chiacchio.
MS. BUCKINGHAM: Can you please spell your last name for the record?
ANDREW CHIACCHIO: C-H-I-A-C-H-I-O.
MS. BUCKINGHAM: And what do you do for work?
ANDREW CHIACCHIO: I work for the state police.
MS. BUCKINGHAM: And how long have you been with the state police?
ANDREW CHIACCHIO: Since December of 2013.
MS. BUCKINGHAM: And what's your current assignment?
ANDREW CHIACCHIO: I work for the Plymouth County State Police Detective Unit.
MS. BUCKINGHAM: How long have you been with the State Police Detective Unit?
ANDREW CHIACCHIO: Five years.
MS. BUCKINGHAM: And what's your current rank?
ANDREW CHIACCHIO: Sergeant.
MS. BUCKINGHAM: I'm gonna draw your attention back to January 24th of the year 2023. Were you still working for the State Police Detective Unit with the District Attorney's office then?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And do you recall being called into an investigation in regards to an incident that had happened in the town of Duxbury on January 24th, 2023?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: Were you assigned as the case officer for that investigation at that time?
MS. BUCKINGHAM: But you're aware that a number of the other troopers in your unit were all called out to do different parts of the investigation?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: Do you recall if you actually went first to 47 Summer Street?
ANDREW CHIACCHIO: Yes, I did.
MS. BUCKINGHAM: Were you quickly assigned to go someplace else and do some follow-up investigation?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And one of the places that you went on that night was the CVS in Kingston, correct?
ANDREW CHIACCHIO: Correct.
MS. BUCKINGHAM: That would have been at 189 Summer Street?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: Why were you asked to go to the CVS in Kingston?
ANDREW CHIACCHIO: To obtain surveillance video.
MS. BUCKINGHAM: And had you learned information that one of the homeowners, Patrick Clancy, might have visited that location earlier in the evening?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And so when you got to the CVS, did you contact somebody in the store in order to try to determine whether there was surveillance?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And did you speak with an employee there?
ANDREW CHIACCHIO: I did.
MS. BUCKINGHAM: Do you recall who you spoke to?
ANDREW CHIACCHIO: Angela Krause, who's the manager.
MS. BUCKINGHAM: Were you able to get access to the surveillance at that time?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And were you able to observe the time on the surveillance at the store as it pertains to real time?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: So tell us how you determined whether the time was accurate.
ANDREW CHIACCHIO: We look at the live feed, and I compare it with my cellphone.
MS. BUCKINGHAM: And your cellphone is a department-issued cellphone?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: Did you notice any discrepancies in the timestamps?
ANDREW CHIACCHIO: I did not.
MS. BUCKINGHAM: And after viewing the video surveillance there at CVS, were you able to see Patrick Clancy in the store at CVS?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And fair to say, you were able to track that he arrived at 17:32:32 and exited the store at 17:37:08?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: At some point, were you also asked to look for surveillance at a different location?
ANDREW CHIACCHIO: I was.
MS. BUCKINGHAM: What was the second location?
ANDREW CHIACCHIO: The 3V Restaurant.
MS. BUCKINGHAM: And where is that located?
ANDREW CHIACCHIO: In Plymouth.
MS. BUCKINGHAM: And fair to say it's, the address there is 10 Cordage Park Circle?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: What is 3V?
ANDREW CHIACCHIO: A restaurant.
MS. BUCKINGHAM: Okay. And why did you go there?
ANDREW CHIACCHIO: To obtain surveillance video.
MS. BUCKINGHAM: Again, based on information that you had available to you, did you believe that Patrick Clancy had visited that location earlier in the evening of January 24th?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And when you went to the 3V Restaurant, did you speak with two employees there?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: Were you able to access the video surveillance?
ANDREW CHIACCHIO: I was.
MS. BUCKINGHAM: And while at the restaurant, were you able to confirm Patrick Clancy on their video surveillance?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: Now, as far as their video surveillance timestamps, were you able to observe the timestamps at that location?
ANDREW CHIACCHIO: I was.
MS. BUCKINGHAM: And did you notice any discrepancies about the time?
MS. BUCKINGHAM: And what did you do to confirm the time?
ANDREW CHIACCHIO: I compared the live feed with my cellphone.
MS. BUCKINGHAM: Fair to say you were able to determine that the video surveillance did confirm Patrick Clancy arriving at 17:54:14, that he paid for a bag of food, and he left the store by the front door at 17:55:01?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: Now, in addition to gathering the video surveillance... Well, let me back up for a second. So on one particular occasion, you were able to go and view the video surveillance, correct?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: At some later date, were you provided with copies of the video surveillance from both the CVS in Kingston and the 3 V, 3V Restaurant in Plymouth?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And you brought that back to the state police?
ANDREW CHIACCHIO: Yes, to the district attorney's office.
MS. BUCKINGHAM: The video.
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: Okay. Now, as follow-up for this investigation, did you learn information about the route of travel Patrick Clancy took that night to go from his home to these locations?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: Did you do anything to try to ascertain approximately how much time it would have taken him to go to these locations from his home at 47 Summer Street?
ANDREW CHIACCHIO: Yes. I mapped it on the maps application on my iPhone.
MS. BUCKINGHAM: Now, do you recall when you did that?
ANDREW CHIACCHIO: I don't.
MS. BUCKINGHAM: When you did this mapping of the locations, did it give you approximate distances and times between the locations?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And fair to say, not knowing exactly when it occurred doesn't account for the time Patrick would've been there or any traffic or accidents or anything like that?
ANDREW CHIACCHIO: Correct.
MS. BUCKINGHAM: Right. But as far as you could tell, you were just looking for approximate timeframes.
ANDREW CHIACCHIO: Yes, a general idea.
MS. BUCKINGHAM: Okay.
MS. BUCKINGHAM: Now, as part of this investigation, you also were involved in some interviews with potential witnesses.
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: Is that fair to say? Including Paula Musgrove.
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And who's Paula Musgrove?
ANDREW CHIACCHIO: The defendant's mother.
MS. BUCKINGHAM: Okay. And you also spoke to a former nanny of the Clancy's named Elaine Flaherty?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: As well as the employees from CVS, Angela Krause and Soraya Sweeney?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: Did you also, or were you also present in follow-up interviews with all of the first responders to the home in Duxbury on January 24th?
ANDREW CHIACCHIO: Not all of them, but a lot of them.
MS. BUCKINGHAM: So that would have been a majority of the paramedics/firefighters from the different towns?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: On June 12th of 2023, did you apply for and receive a search warrant for 47 Summer Street?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And why did you ask for a search warrant then, in June of 2023?
ANDREW CHIACCHIO: We were reviewing photos, crime scene photos, and someone noticed that there was potentially blood stains on the outside of the house that we had not swabbed.
MS. BUCKINGHAM: So to your knowledge, on the date of the incident on January 24th, the stains on the outside of the house were not swabbed and collected by the crime lab, right?
ANDREW CHIACCHIO: Correct.
MS. BUCKINGHAM: Did you have further conversations with forensic scientists at the crime lab to determine the viability of obtaining additional swabs all those months later?
MR. REDDINGTON: Objection at this point. It's hearsay, and it's already been cross-examined about.
THE COURT: Overrule. I'll allow that. The question's just yes or no. Did you speak to somebody, not the answer.
MS. BUCKINGHAM: So did you speak to somebody at the crime lab about the possibility of obtaining some biological substances from the home?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And as a result of your conversations, did you then apply and were granted a search warrant?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: So, subsequently, some swabs and shingles were collected from the home at 47 Summer Street?
ANDREW CHIACCHIO: Correct.
MS. BUCKINGHAM: And were you present when that was done?
ANDREW CHIACCHIO: I was.
MS. BUCKINGHAM: On May 15th, 2024, did you have the occasion to go to the Tewksbury State Hospital?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And what was the purpose of going there?
ANDREW CHIACCHIO: To collect DNA from the defendant.
MS. BUCKINGHAM: And is there a particular procedure that you, as an investigator, use in order to collect a sample, a DNA sample from somebody?
ANDREW CHIACCHIO: Yeah. We use a DNA collection kit. It has a foam swab that you use to swab the inside of a person's mouth to collect saliva. That's then transferred to a collection card. We let it dry, then seal the kit.
MS. BUCKINGHAM: So the swab kinda looks like a lollipop—
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: ...with a foam end.
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And you're trained on how to swab the inside of a person's cheek on both sides in order to obtain an adequate sample?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And you did that in this case?
ANDREW CHIACCHIO: I did.
MS. BUCKINGHAM: Who did you collect the sample from?
ANDREW CHIACCHIO: The defendant.
MS. BUCKINGHAM: And that would be Lindsay Clancy?
ANDREW CHIACCHIO: Correct.
MS. BUCKINGHAM: Were other people present when you did this?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: Who were they?
ANDREW CHIACCHIO: Sergeant Josh McKelligan, DPH Police Chief Michael Riggs, and Attorney Reddington.
MS. BUCKINGHAM: What did you do with the sample that was collected from the defendant on May 15th, 2024 at the Tewksbury State Hospital?
ANDREW CHIACCHIO: It was placed into temporary evidence at the DA's office.
MS. BUCKINGHAM: Was that sample then later transported to the state police crime lab?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: Now, another thing that you did in this investigation some time later was seek search warrants to Facebook, or what's known as Meta, correct?
ANDREW CHIACCHIO: Correct.
MS. BUCKINGHAM: As well as a particular Facebook group called Attachment Parenting for Littles?
ANDREW CHIACCHIO: Correct.
MS. BUCKINGHAM: As a result of that warrant, did you receive data back from Facebook?
ANDREW CHIACCHIO: I did.
MS. BUCKINGHAM: And were you able to confirm a Facebook page in the name of Lindsay Marie Clancy?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: Were you also able to confirm that there's a particular post by the person named Lindsay Marie Clancy, or the Facebook page Lindsay Marie Clancy, on May 5th, 2021, to the Attachment Parenting for Littles group?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: I'm just gonna approach. May I?
THE COURT: You may.
MR. REDDINGTON: I have no problem with the proposal.
THE COURT: No objection? Okay.
MS. BUCKINGHAM: I'm just gonna show you a document. Is that familiar to you?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And is this the Facebook post posted by Lindsay Marie Clancy on 5/5/2021?
ANDREW CHIACCHIO: It is.
MS. BUCKINGHAM: I would move to admit this as an exhibit.
THE COURT: No objection? That may be admitted.
MS. BUCKINGHAM: Sergeant Chiacchio, just showing you what's now been marked as Exhibit 217 on the screen. Is that a Facebook post from the Attachment Parenting for Littles Facebook group?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And through the information you received from the search warrant return, you were able to locate the content of this post in the records for the Attachment Parenting for Littles and confirm that it also appeared to be authored by Lindsay Marie Clancy, correct?
ANDREW CHIACCHIO: Correct.
MS. BUCKINGHAM: Or by the Facebook page of Lindsay Marie Clancy.
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: And fair to say it reads, "Hello lovely parents. I'm looking for some advice, solidarity, ideas, something, anything. I'm truly finding my 19-month-old to be the most difficult human I've ever encountered. I mean that with all love in my heart, but I honestly cannot make it through a day without getting so frustrated with him. He's not my first child, so not to compare, because I know that every child is different, but just for background, this isn't my first rodeo. Every single thing with him is a battle, and it has been this way for a while, since he was maybe eight months old. I really try to pick my battles and only do what's completely necessary, but I mean everything. Getting out of his crib in the morning and going downstairs, changing his diaper, getting him dressed, getting him in his seat to eat, getting him in the car seat, getting him out of the car seat, putting on his jacket and shoes to go outside, having him come inside when it's time, going to sleep for his nap. And at night, he fights me every step of the way with all these normal daily activities. It constantly feels like I have a force...
MS. BUCKINGHAM: "I have to force him to do these things, which feels so wrong, but he is always fighting me and crying about doing these very normal things." You recall seeing that message in the records?
ANDREW CHIACCHIO: I do.
MS. BUCKINGHAM: And fair to say there was some comments to the records, and also an acknowledgement by the person with the Facebook page, Lindsay Marie Clancy, thanking the contributors for their advice?
ANDREW CHIACCHIO: Yes.
MS. BUCKINGHAM: I have no further questions.
THE COURT: All right. Mr. Reddington.
MR. REDDINGTON: Good afternoon.
ANDREW CHIACCHIO: Good afternoon, sir.
MR. REDDINGTON: So this would be Exhibit 217, which is the Parenting for Littles post by Lindsay, correct?
ANDREW CHIACCHIO: Correct.
MR. REDDINGTON: And this was back in May of 2021?
ANDREW CHIACCHIO: Yes.
MR. REDDINGTON: And she was talking about her son, who at the time was 19 months old?
ANDREW CHIACCHIO: That's correct.
MR. REDDINGTON: Now, as a state police officer, you know how to investigate things, right?
ANDREW CHIACCHIO: Yes.
MR. REDDINGTON: You guys must have turned things inside out to find out if Lindsay Clancy was ever abusive to her son Dawson, right?
ANDREW CHIACCHIO: That's correct.
MR. REDDINGTON: Found nothing, did you?
MR. REDDINGTON: Thank you. That's all I have.
THE COURT: Anything on that?
MS. BUCKINGHAM: No, thank you.
THE COURT: All right. Thank you, sir. You may step down.
ANDREW CHIACCHIO: Thank you, Your Honor.
THE COURT: Watch your step please, sir.
ANDREW CHIACCHIO: Thank you.
THE COURT: All right. Members of the jury, there's a motion or a hearing I have to do with the lawyers, and it's gonna take a little bit of a while. So I'm gonna excuse you for today. Come back tomorrow, nine o'clock. One of the questions I asked over here was where are we on the time estimate? All right. I'm told that we are on schedule, if not ahead of schedule in regards to what we told you. All right. So I'm gonna excuse you till tomorrow. We're gonna stay here, do a few more things. And I'm just gonna remind you, as I've said every night, you have to have an open mind. Don't talk about this with anyone. Don't do any research about anything. If you see anything about this case or any similar case, don't read, listen, or watch anything in regards to that. Don't do any research on this or any matters that you have or questions you have in your mind. Don't take any field trips. Don't happen to just be driving by certain areas that you think you wanna double-check. We've done that. All right? So you've worked so hard on this case so far. I just want you to continue to follow those instructions. And with that, I'm gonna excuse you till tomorrow. I would expect, and every time I say this I'm usually wrong, but I would expect we have a pretty full day tomorrow. Okay? And so with that, I hope you have a nice evening. Hope you stay cool, and we will see you tomorrow.
THE COURT: So thank you very much.
BAILIFF: Court, all rise. You will kindly close your notebooks, place them on your chairs.
BAILIFF: Jury has been exited the courtroom. This court is in session. Please be seated.
THE COURT: All right. So we're gonna be in recess until three o'clock. We're gonna come back, we'll have a hearing on the defendant's motion for permission to call certain witnesses. And so we'll have a hearing on that at three o'clock. All right? So we'll be in recess, so basically so parties can kinda get themselves oriented in regards to that motion. So we'll be in recess.
BAILIFF: Court, all rise.