1.Kimberlee Hardy — Direct/Cross
200 linesBAILIFF: This 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, before the court today we have 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. Well, good morning, counsel.
MS. SPRAGUE: Good morning.
THE COURT: Hey, good morning, Ms. Clancy.
MS. CLANCY: Good morning.
THE COURT: All right. Counsel, could I see you at sidebar?
BAILIFF: Court, all rise. Judge entering.
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 floor of the Commonwealth, draw near and give your attendance and you shall be heard. God save the Commonwealth of Massachusetts. This 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, before the 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.
JURORS: Good morning.
THE COURT: So what I'm gonna do is, you probably expect, I'm gonna ask you those questions to make sure everybody's able to follow my instructions. I'll go a little bit into our schedule, and then we'll return to the evidence on this case. So first question, has any member of the jury read, seen, heard or overheard anything from any source that would affect your ability to be a fair and impartial juror in this case?
JURORS: No.
THE COURT: All right. Last question is, is there any other serious matter or concern bearing on your service as a juror in this case that anybody needs to bring to my attention at this time?
JURORS: No.
THE COURT: Okay. Thank you so much for following those instructions. Again, as I always say, I hesitate to give you the schedule 'cause I'm, you know, probably 50% right, 50% wrong. But the intention today, the thought is we'll probably go most of today. All right? And then at the end of the day before I send you home, I'm gonna talk to the lawyers, kinda see what the schedule is for next week so you can plan as best you can. And also kinda see where we are in regards to the timeline and the estimate of the case. So I'll try and give you as much of that information today before I send you home. All right? So with that, I'm gonna—we'll return to the case on trial. Commonwealth, call your next witness, please.
MS. BUCKINGHAM: The Commonwealth would call Kimberlee Hardy as witness today.
COURT CLERK: Good morning. 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? Thank you. You may be seated.
BAILIFF: Watch your step, please.
THE COURT: Hey, good morning.
KIMBERLEE HARDY: Good morning.
THE COURT: Hey. I'm gonna ask you to keep your voice up as best you can and speak into that microphone. Okay?
KIMBERLEE HARDY: Okay.
THE COURT: That's good. All right. Commonwealth.
MS. BUCKINGHAM: Thank you. Good morning.
KIMBERLEE HARDY: Good morning.
MS. BUCKINGHAM: Could you please introduce yourself to the jury, spelling your first and last name for the record?
KIMBERLEE HARDY: It is Kimberlee Hardy. K-I-M-B-E-R-L-E-E H-A-R-D-Y.
MS. BUCKINGHAM: And what city or state do you currently live in?
KIMBERLEE HARDY: Cypress, Texas.
MS. BUCKINGHAM: And back in 2023, where did you live?
KIMBERLEE HARDY: Brockton, Massachusetts.
MS. BUCKINGHAM: And in 2023, where did you work?
KIMBERLEE HARDY: Kingsbury Club.
MS. BUCKINGHAM: Where is the Kingsbury Club?
KIMBERLEE HARDY: In Kingston.
MS. BUCKINGHAM: And how long did you work for that club?
KIMBERLEE HARDY: Four years.
MS. BUCKINGHAM: What is the Kingsbury Club?
KIMBERLEE HARDY: It is a tennis club, but it also has, like, a gym. It's kinda like a Y where people can come and drop their kids off in the playroom and stuff like that.
MS. BUCKINGHAM: Is it a private facility?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: So members only?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: And you mentioned dropping kids off. What was your role at the Kingsbury Club?
KIMBERLEE HARDY: So I was the child service director, so I ran all the kids programming and the playroom.
MS. BUCKINGHAM: So what was, or what is, the playroom at the Kingsbury Club?
KIMBERLEE HARDY: So the playroom is a room where parents can drop their kids off for two hours a day so that they can work out and—
MS. BUCKINGHAM: And what's the procedure when a parent or a guardian drops a child off at the playroom?
KIMBERLEE HARDY: We have our system where we sign them in.
MS. BUCKINGHAM: And that's something on the computer that logs when the child comes in?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: And it also logs when the child leaves, correct?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: Now, what's the protocol for who can drop off and pick up a child at the playroom?
KIMBERLEE HARDY: So parents, usually we say whoever drops off should be the one picking up as well, unless the parent notifies us that another parent will be picking up.
MS. BUCKINGHAM: And as far as that system [audio dropout] geared to, towards the guardian who drops off and picks up?
KIMBERLEE HARDY: Correct.
MS. BUCKINGHAM: So it's a separate log for each child based on who the guardian is?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: Okay. Now—what is the security like at the Kingsbury Club? Is it all... How do you get into the club?
KIMBERLEE HARDY: Oh, you sign in. You have a key fob, and you go to the front desk, and you'll sign in.
MS. BUCKINGHAM: Are you familiar with some members using, like, a scan app to sign in?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: And as far as where the playroom is in the club, where is it in relation to kinda when you come in the front doors?
KIMBERLEE HARDY: It is right to the right. There is a long hallway, and at the end of the hallway, that's the playroom.
MS. BUCKINGHAM: Now, is there kind of a rule there at the Kingsbury Club when you drop your child at the playroom that you have to remain on property?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: And other than the gym and the tennis courts, what other facilities are on property?
KIMBERLEE HARDY: We have a pool and a spa.
MS. BUCKINGHAM: I'm gonna draw your attention to... Or, sorry, one more background question.
KIMBERLEE HARDY: Mm-hmm.
MS. BUCKINGHAM: You mentioned that there's other programs that the Kingsbury Club runs for children, right?
KIMBERLEE HARDY: Mm-hmm.
MS. BUCKINGHAM: And you, as the child service director, were involved in that?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: Is there a particular age that the children can start participating in the other group activities?
KIMBERLEE HARDY: Camp starts at five, and at that point too, we had tennis that started at five. But swim lessons can start from babies.
MS. BUCKINGHAM: Okay. And so, is there an age limit to the kids that could be in the playroom at any given point?
KIMBERLEE HARDY: Typically we only take three months old up to, like, age 10. Normally they don't wanna be in there.
MS. BUCKINGHAM: And then you said that the time limit is two hours per day.
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: Is there a schedule or sign-up in advance, or was there one in 2023 if a member wanted to bring their kid into the playroom?
KIMBERLEE HARDY: Yes. But in 2023, parents normally didn't sign up in advance because we were just getting back from COVID, and we had low numbers. So we just took walk-ins.
MS. BUCKINGHAM: And it was a first come, first serve?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: Okay. Are you familiar, or were you familiar with Cora and Dawson Clancy?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: Did you often see them in the playroom at the Kingsbury Club?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: And who would be the party that would drop them off and pick them up?
KIMBERLEE HARDY: Mainly Patrick.
MS. BUCKINGHAM: Did you, or were you present in the playroom when Lindsay Clancy at times dropped them off and picked them up?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: And when Lindsay Clancy came to drop off and pick up the children, did you interact with her?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: And how would you describe her demeanor during those interactions?
KIMBERLEE HARDY: She just seemed very shy.
MR. REDDINGTON: You have a date maybe just to focus on a timeframe.
MS. BUCKINGHAM: Well, that's fair. I'm gonna draw your attention to maybe the September of 2022 to January of 2023.
KIMBERLEE HARDY: Mm-hmm.
MS. BUCKINGHAM: That fall into the winter.
KIMBERLEE HARDY: Mm-hmm.
MS. BUCKINGHAM: Did you see Lindsay Clancy drop the kids off at the playroom during that time period?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: And you had the occasion to interact with her?
KIMBERLEE HARDY: Mm-hmm.
MS. BUCKINGHAM: And during that time period, in the fall to winter, what were your observations of her demeanor?
KIMBERLEE HARDY: She just seemed shy. She was... just would come in and pick up. I would usually try to start a conversation with her, but nothing else. Yeah, just shy.
MS. BUCKINGHAM: Okay. And it was only Cora and Dawson that came to the playroom?
KIMBERLEE HARDY: Correct.
MS. BUCKINGHAM: Were you aware that there was a third child?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: And do you know of any reason why that child didn't come with the other two?
KIMBERLEE HARDY: I asked a couple times, 'cause I said that he can come in 'cause he's over three months. And the answer was because they were scared of sickness.
MR. REDDINGTON: Objection.
THE COURT: I'm sorry, what was the objection?
THE COURT: If you could just find out.
MS. BUCKINGHAM: So this conversation that you had when you said that you asked about Callan, was that with Lindsay or Patrick?
KIMBERLEE HARDY: Lindsay.
MS. BUCKINGHAM: Okay. And so what did she tell you about Callan?
KIMBERLEE HARDY: She was nervous about colds 'cause it was cold and flu season.
MS. BUCKINGHAM: Okay. And so obviously when Cora and Dawson came, there would be other children in the playroom as well, right?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: When Lindsay would drop the kids off during this time period between September of 2022 and January of 2023, did she ever tell you what her plans were at the club?
MS. BUCKINGHAM: Did you see or make observations of how she was dressed when she dropped them off?
KIMBERLEE HARDY: Yeah, she had workout outfits on.
MS. BUCKINGHAM: And would she come back before the end of that two hours to pick the kids up?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: Did you notice anything different about her when she came back to pick the kids up during this timeframe?
MS. BUCKINGHAM: Was she ever late picking them up?
MS. BUCKINGHAM: Did you ever learn that she had left the property after bringing them to the playroom?
MS. BUCKINGHAM: And that is a very strict rule at the club, correct?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: Do you recall the last time that you saw Lindsay Clancy and Cora and Dawson at the Kingsbury Club?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: Do you recall approximately when that was?
KIMBERLEE HARDY: In January.
MS. BUCKINGHAM: Would it have been closer to New Year's or a few weeks into the month?
KIMBERLEE HARDY: I think it was a few weeks in.
MS. BUCKINGHAM: And how is it that you remember them on that particular day?
KIMBERLEE HARDY: Just their usual selves. They came in, played, nothing.
MS. BUCKINGHAM: Okay. If I tell you that Cora and Dawson were dropped off by Lindsay on January 13th at 9:07, does that sound right to you?
KIMBERLEE HARDY: Mm-hmm.
MS. BUCKINGHAM: And that they were also dropped off on January 17th at 9:30 AM.
KIMBERLEE HARDY: Mm-hmm.
MS. BUCKINGHAM: Does that sound right?
KIMBERLEE HARDY: Yeah.
MS. BUCKINGHAM: Did Cora and Dawson usually come in the mornings?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: Around that time. And what time does the playroom open?
KIMBERLEE HARDY: We open at 8:00.
MS. BUCKINGHAM: And what time does it close?
KIMBERLEE HARDY: It closes at 2:00.
MS. BUCKINGHAM: Did you ever have occasion to see Cora and Dawson in the playroom during that time, September to January, later in the afternoon?
KIMBERLEE HARDY: Sometimes, not usual.
MS. BUCKINGHAM: Is it fair to say that generally when Lindsay dropped them off, they came in the morning?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: And is there anything about that day with Cora, that last day that you saw her, that sticks out in your mind?
KIMBERLEE HARDY: Not that I recall.
MS. BUCKINGHAM: What kinds of things would the kids do in the playroom?
KIMBERLEE HARDY: They liked to color. They would play with the dolls, dress-up toys, the cars, the train set.
MS. BUCKINGHAM: And one, on one of those last days that you saw Cora, did she draw a picture?
KIMBERLEE HARDY: Yes.
MS. BUCKINGHAM: Did she take it with her or did she give it to you?
KIMBERLEE HARDY: She left it.
MS. BUCKINGHAM: Your Honor, at this time I would move to admit the Kingsbury Club records as the next exhibit.
THE COURT: All right, they may be admitted.
COURT REPORTER: Exhibit 218.
MS. BUCKINGHAM: Thank you. Nothing further.
KIMBERLEE HARDY: Thank you.
THE COURT: All right, counsel.
MR. REDDINGTON: Morning.
KIMBERLEE HARDY: Good morning.
MR. REDDINGTON: So you saw Lindsay with her children, dropping them off, picking them up, on a fairly regular basis. Is that correct?
KIMBERLEE HARDY: Yes.
MR. REDDINGTON: And Patrick, of course, right?
KIMBERLEE HARDY: Yes.
MR. REDDINGTON: Did you ever see how she acted around them? Or did she appear to be, you know, happy to be with them and take care of them, or did she appear to be angry with them or at all?
KIMBERLEE HARDY: No, never angry. She seemed happy to be with them. She always picked up on time, and they were always excited to see her.
MR. REDDINGTON: And you certainly weren't close enough to her to know if she had any personal issues in her life as far as psych, you know, her mind or her body or anything like that, right?
MR. REDDINGTON: You would be aware though that on occasion people are advised by their doctors or psychiatrists to exercise. It might be a good thing for them to do. Is that—
KIMBERLEE HARDY: Yes.
MR. REDDINGTON: Thank you. That's all I have.
KIMBERLEE HARDY: Thank you.
THE COURT: Thank you. Any redirect?
MS. BUCKINGHAM: No, thank you.
THE COURT: Thank you. You may step down.
KIMBERLEE HARDY: Thank you.
THE COURT: All right. Commonwealth.