- 12:46 a.m.
NBC10 Boston reported overnight that Cruz has a second decision about a parental murder prosecution to make at almost the moment he decides what to do about Clancy. The Supreme Judicial Court last month vacated the conviction of Latarsha Sanders, a Brockton mother sentenced in December 2022 to two life terms without parole in the killings of her two young sons, and the court's order reached the docket at Plymouth Superior Court on Tuesday. That set running the twelve months the district attorney's office has to decide whether to try Sanders again on murder in the first degree or to proceed on reduced charges. The office has said it is reviewing the opinion and working out its next steps.
Sources: nbcboston-cruz-two-cases
- 12:46 a.m.
The same report set the two prosecutions beside each other. Sullivan was the trial judge in both, both mothers were charged in Plymouth County with killing their own children, and both defended on criminal responsibility. Where they parted was the psychiatric record: Sanders's mental health records were kept from her jury, while Clancy's were at the center of hers. The SJC was unanimous, and Justice Frank M. Gaziano wrote that "the exclusion of the defendant's relevant medical records relating to the diagnoses or treatment of mental illness constituted prejudicial error," so that Sanders is entitled to a new trial. NBC10 Boston's own view is that the district attorney's office may face pressure to treat the two cases the same way.
Sources: nbcboston-cruz-two-cases
- 6:00 a.m.
Reddington told Fox News's Bryan Llenas, in his first interview with that network since the jury deadlocked, what he wants for his client if the case goes on: not prison. He said he would not in a million years have her sent to the state prison at Framingham, and that what he would look for instead is probation with psychiatric treatment ordered in a secure facility. He repeated that he will challenge a second trial on double jeopardy grounds, that the route he hopes Cruz takes is a reduction to murder in the second degree, and that he would then have the case tried by a judge rather than a jury.
Sources: fox-reddington-strategy
- 6:00 a.m.
In the same interview Reddington took back something else he had said about the district attorney after the mistrial. He had accused Cruz of not knowing the names of the three children; he had no right to do that, he told Fox News, and he regrets it. He also went over his boast that he had crushed Cruz at trial, as he had two days earlier, saying he probably should have picked different words and should have said only that he thought the defense had put on the stronger case and that the burden of proof lay with the Commonwealth.
Sources: fox-reddington-strategy
- 10:00 a.m.
NBC10 Boston wrote up the Good Morning America interview after it aired. Dargie, a military veteran who was serving overseas when the children were killed, said the panel was left feeling defeated: seven weeks of their lives had gone into the trial and it ended without a decision. Several jurors leaned toward guilt early on, he said, and the room came together once the evidence had been laid out in front of everyone -- everyone but one.
Sources: nbcboston-dargie-juror, abc-dargie-juror
- 10:00 a.m.
Dargie described the holdout as often disengaged, scrolling on his phone while other jurors were talking to him. What frustrated him most, he said, was hearing the man say outright that he did not know whether the prosecution or the defense had proved its case, and vote to convict all the same. The votes moved from day to day, Dargie said, and by the end the whole room had been brought to the same place except for that one juror. Reported by NBC10 Boston.
Sources: nbcboston-dargie-juror
- 10:00 a.m.
One moment in the jury room has stayed with him. The holdout, Dargie said, took one of the exercise bands out of its bag, tied it around an empty water bottle and pulled. Dargie said he was shocked, that it made no sense to him, and that he asked the man what he was doing: the jury was not there to play detective, and "it's not a game of Clue. This is serious." Reported by NBC10 Boston and, in an account by Rebecca Cohen timed 10:26 a.m., by NBC News.
Sources: nbcboston-dargie-juror, nbcnews-dargie-juror
- 10:00 a.m.
Like the jurors who spoke earlier in the week, Dargie named Patrick Clancy's 911 call as the hardest thing he heard. He had never heard a scream like it, he said, and will not forget it. He was asked about the claims circulating online that Patrick Clancy was responsible for the deaths and said he does not believe them -- and that anyone who heard the 911 call would change their mind. Reported by NBC10 Boston.
Sources: nbcboston-dargie-juror
- 10:00 a.m.
Asked about a second trial, Dargie said he expects it would end the way the first one nearly did. If the case were tried again the same way, he told NBC10 Boston, nine juries out of ten would return not guilty by reason of insanity, and he said he had no doubt about it. Cruz has still not said whether he will retry the case or when he will decide.
Sources: nbcboston-dargie-juror
- no time
The Boston Globe carried the same interview under Bryan Hecht's byline and placed Dargie on the panel: he sat as juror No. 10, and came to the case knowing nothing about it, having been overseas with the military when the children were killed. He said the jury's count moved from one day to the next, and that as the evidence was laid out in front of them most of the panel came round to not guilty by reason of insanity. The Globe gives no hour for the piece.
Sources: globe-dargie-juror
- no time
The Boston Globe turned to a part of the case the criminal trial left untouched: the two medical malpractice suits the Clancys filed in January, and what a deadlocked jury does to them. Sarah Rahal reported that neither suit is resolved or stopped by the mistrial. Patrick Clancy's, brought on January 20 for himself and for the estates of Cora, Dawson and Callan, is pending in Norfolk Superior Court with a first hearing set for October 28. It names Dr. Jennifer Tufts, the nurse practitioner Rebecca Jollotta, Aster Mental Health Inc. and South Shore Health System, and puts the killings down to negligent treatment of Clancy and to the providers never grasping how far her mental health had fallen.
Sources: globe-civil-suits
- no time
Lindsay Clancy's own suit, filed within days of her former husband's, names the same providers and adds McLean Hospital and Women & Infants Hospital of Rhode Island. Her claim is that they did not identify bipolar disorder with postpartum onset and that the medication she was given made her worse. Nothing has been scheduled in it, and Leonard Kesten -- a longtime Boston trial lawyer in civil practice, with no part in either case -- told the Globe nothing will be until the criminal case is finished. Civil and criminal cases over the same events run alongside each other often enough, he said, and the mistrial's likely effect on these is delay rather than anything more than that.
Sources: globe-civil-suits
- no time
Both malpractice suits have been specially assigned to one judge, Michael Doolin. Kesten told the Globe that is unremarkable where two suits rest on the same allegations, and that a single judge hearing both of them does not mean the two are to be heard together.
Sources: globe-civil-suits
- no time
Clancy's lawyers in the malpractice case told the Globe the mistrial changes nothing on their side of it. Andrew Meyer Jr. of Lubin & Meyer, her lead lawyer there, said the criminal case and the civil one are separate proceedings involving different parties. Rosemary Scapicchio, who also acts for her in that suit and who spoke to reporters outside court on the day the mistrial was declared, said the civil case will follow the same course whether or not the criminal case had reached a resolution.
Sources: globe-civil-suits
- 11:58 a.m.
Boston.com carried Dargie's account under Abby Patkin's byline and added one thing to it. Dargie said he asked the holdout several times to point to a piece of evidence, or to something a witness had said, that supported the position he was taking, and that the man could not do it.
Sources: bostoncom-dargie-juror
- 12:29 p.m.
Reddington has filed the motion. In papers entered in Plymouth Superior Court on Thursday he asks Sullivan to enter a finding of not guilty by reason of lack of criminal responsibility on each of the three indictments. It is a renewal, under Rule 25, of the motions for a required finding he made when the Commonwealth rested and again at the close of all the evidence, and it is to be heard at the September 29 hearing. Reported by NBC10 Boston (Kaitlin McKinley Becker), by CT Insider's Lisa Backus in an account timed 12:29 p.m., and by CBS Boston. WBUR's Deborah Becker reported the filing at 5:17 p.m. the same day.
Sources: nbcboston-motion-required-finding, ctinsider-motion-acquit, cbs-motion-required-finding, wbur-motion-not-guilty
- 12:29 p.m.
The argument in the motion is about the expert evidence. All six forensic experts who testified, three called by each side, agreed that Clancy was seriously mentally ill on January 24, 2023, and the Commonwealth's rebuttal experts took issue with the diagnostic labels rather than with the illness itself. On that record, the motion says, there was nothing from which a juror earnestly seeking the truth could find each element of the offenses proved. NBC10 Boston quotes the papers: "No rational jury could find beyond a reasonable doubt that she had no mental disease or defect when the Commonwealth's own proof established that she did."
Sources: nbcboston-motion-required-finding
- 12:29 p.m.
The motion also sets out what it says would follow. A finding entered under Rule 25 is an acquittal, so it would bar a second trial, and the rule exists so that a case the evidence does not support is not tried twice. That is a separate line from the motion to dismiss on double jeopardy grounds that Reddington told reporters on September 9 he would bring at the same hearing. Reported by NBC10 Boston.
Sources: nbcboston-motion-required-finding
- 12:29 p.m.
The papers recite the deliberations as the defense understands them: seven days of them, eleven jurors prepared to find Clancy not guilty by reason of lack of criminal responsibility and one who was not, and a note from the foreperson saying the holdout had acknowledged doubt but was refusing to apply it to the case as the law states. They also recite the defense's petition asking the Supreme Judicial Court to have the juror's conduct looked into, which a single justice denied the same day, after which the mistrial was declared. Reported by NBC10 Boston, and by CT Insider, which gives the deliberations as about 38 hours over seven days.
Sources: nbcboston-motion-required-finding, ctinsider-motion-acquit
- 5:30 a.m.
CNN went at the question of a negotiated end to the case and reported that none of the routes open is straightforward. Reddington said he wants to hear what Cruz has to say and hopes he will revisit his position now that the trial is over, but repeated that he would not agree to any resolution that had Clancy serving time in jail: what she needs, he said, is to be treated for her mental health condition, with good physicians and good medication. Cruz has still not said whether he will retry her, and has repeated that a charge of murder in the first degree was warranted and appropriate. Reported by CNN, under Nicki Brown's byline, in an account timed 5:30 a.m.
Sources: cnn-legal-options
- 5:30 a.m.
On the mechanics, CNN reported that an ordinary plea ends in a sentence of imprisonment or probation and not in a hospital placement, so the one route that would keep Clancy in psychiatric care is for both sides to agree that she is not guilty by reason of lack of criminal responsibility and for Sullivan to accept it, which would begin the process of having her committed. Carol Erskine, a former Massachusetts juvenile court judge, told CNN that outcome is highly unlikely, because it is the very thing the Commonwealth has been contesting all along. Reported by CNN.
Sources: cnn-legal-options
- 5:30 a.m.
CNN also put the retrial decision to lawyers with no part in the case. Janice Bassil, a Massachusetts defense lawyer, said the district attorney holds all the cards and that she does not see him compromising. Elyse Hershon, a Boston defense lawyer, said she does not see Cruz backing off the position he has taken, and that a plea to manslaughter would be "a big walk down for the district attorney." Daniel Medwed, who teaches law and criminal justice at Northeastern University School of Law, said the family's wishes, the politics and the cost of a second trial ought to come second to whether justice would be served, and that a prosecutor who doubts a conviction is achievable at trial may start to think about lesser charges. Reported by CNN.
Sources: cnn-legal-options
- 12:53 p.m.
boston.com's own account of the two malpractice suits added the defendants' side of them, which the Globe's did not reach. All four defendants in Patrick Clancy's suit -- Dr. Jennifer Tufts, the nurse practitioner Rebecca Jollotta, Aster Mental Health and South Shore Health -- moved together in April to have it dismissed, on the ground that they owed no duty of care to the children and were covered by the state law that governs when a mental health clinician has to warn someone who may be at risk. Aster's lawyers wrote that Clancy never told Tufts she was having hallucinations, or that she had thoughts of harming herself or her children. Reported by boston.com, under Abby Patkin's byline, at 12:53 p.m.
Sources: bostoncom-civil-suits
- 12:53 p.m.
The providers have also demanded a medical malpractice tribunal, the screening step Massachusetts puts in front of a claim of this kind. boston.com reported two separate demands filed last month: one by Tufts, and one by Jollotta and Julie Paul, of South Shore Hospital's perinatal behavioral health program. South Shore Health's lawyers wrote that Jollotta had started appropriate, evidence-based drug treatment and that both clinicians met the standard of care. Reported by boston.com.
Sources: bostoncom-civil-suits
- 12:53 p.m.
boston.com counts eleven defendants in Lindsay Clancy's own suit, and names them: alongside Tufts, Jollotta, Aster Mental Health and South Shore Health, they are the psychiatrist Dr. Alia Goodheart, the nurse practitioner Julie Paul, the counselor Latiesha Dukes, McLean Hospital, Women & Infants Hospital of Rhode Island, Dr. Zobeida Diaz and Dr. Elizabeth Madva. Her lawyers in that case are Andrew Meyer Jr., Rosemary Scapicchio and Bill Thompson. Scapicchio said of it: "We plan on holding each and every doctor and each and every hospital responsible." Reported by boston.com.
Sources: bostoncom-civil-suits
- 2:33 p.m.
boston.com added a qualification to the renewed motion. Reddington, who has been openly critical of the holdout juror, says the motion does not rest on how the jury voted. It puts the question as one for the court -- whether the record, taken most favorably to the Commonwealth, could support the finding the Commonwealth needed -- and says it could not, and that every juror who applied the reasonable doubt standard reached that conclusion. The Commonwealth, the papers say, had to prove that a woman all six experts agreed was mentally ill nonetheless kept the capacity the law demands, and it did not. The district attorney's office has not said whether it will retry her, reduce or drop the charges, or resolve the case by agreement. Reported by boston.com, under Abby Patkin's byline, at 2:33 p.m.
Sources: bostoncom-motion-required-finding, nbcboston-motion-required-finding
- no time
The Boston Globe recorded the mistrial being invoked in another Massachusetts case. At a hearing in Dedham District Court on Thursday morning, Joseph Krowski Jr., who acts for Janette MacAusland -- charged with killing her two children, Ella and Kai, at their home in Wellesley in April -- pressed the district attorney's office there to take a different approach where a mother's mental illness is at issue. "There's been a discussion, a discourse opened up in this country about whether or not we want to criminalize mental illness," he said, adding that his client is "not Lindsay Clancy 2.0." MacAusland is due back in court on October 29. Reported by the Boston Globe, under Camilo Fonseca's byline.
Sources: globe-wellesley-comparison
- no time
The Boston Globe's account of the renewed motion set out how far it has to reach. A motion of this kind asks the judge to look at the evidence in the light most favorable to the prosecution, the Globe reported, and is rarely granted. The papers put it that no "rational jury could find beyond a reasonable doubt that she had no mental disease or defect when the Commonwealth's own proof established that she did." Prosecutors had filed nothing in answer to it by Thursday afternoon. Reported by the Boston Globe, under Travis Andersen's byline.
Sources: globe-motion-acquittal
- 2:29 p.m.
Boston 25 News read the motion for the part of it that answers the Commonwealth's case about what Clancy was able to do on January 24. The papers list what the prosecution leaned on -- that she drove, called the pediatrician, sent her husband out on errands, ran internet searches and worked through a sequence of steps -- and answer that being able to carry out everyday tasks does not rule out severe mental illness. The same account gives the labels the Commonwealth's experts used for her condition: a major depressive episode, or bipolar II disorder with dissociation. Reported by Boston 25 News, under Frank O'Laughlin's byline, at 2:29 p.m.
Sources: boston25-motion-acquittal
- 4:14 p.m.
CBS Boston covered the same Dedham hearing and carried more of what Krowski said outside it. He asked that the courts not fall back on what he called the default position, in which a woman who is plainly mentally ill is prosecuted criminally as far as the law allows. CBS puts MacAusland's age at 49, reports that her requests for bail have been denied, and says the case cannot move until the medical examiner settles the cause and manner of the two children's deaths. She is due back in court on October 29. Reported by CBS Boston, under Neal Riley's byline, at 4:14 p.m.
Sources: cbs-wellesley-comparison
- 3:22 p.m.
ABC News took the renewed motion to the prosecution and came away with nothing. A spokesman for Timothy Cruz was asked on Thursday what the district attorney's office made of it and declined to comment, and Cruz has still not said publicly whether he intends to try the case a second time. ABC reports that the motion is to be argued on September 29, the date already set for the two sides to come back before Sullivan. Reported by ABC News, under the bylines of Peter Charalambous, Katie Kindelan and Vera Drymon, at 3:22 p.m.
Sources: abc-motion-required-finding
- Morning
The Boston Globe opened Thursday by putting its trial reporters in front of readers' questions and answering them on the record through the morning. On how a second trial could be run: only a jury can convict on murder in the first degree, so charging that again would mean seating a new one, while a lesser charge -- murder in the second degree or manslaughter -- would let Clancy give up her right to a jury and leave the case to Sullivan alone. Prosecutors dropped three strangulation counts before the first trial, and adding a new felony such as child abuse would mean going back to a grand jury for an indictment. Boston Globe, in a reader session published at 5:00 a.m.
Sources: globe-reader-questions
- Morning
Asked whether a second jury could be found in a county saturated with the case, the Globe said the test is not that jurors hold no opinions but that they stand indifferent between the parties, and quoted Supreme Judicial Court rulings by Chief Justices Ralph Gants and Paul Liacos to that effect. The tools open to Sullivan, it said, are closer questioning about what a prospective juror already knows of the first trial and what they think about mental illness, moving the trial to another county, or summoning far more people than usual: a thousand were called for Karen Read's second trial in Norfolk Superior Court. Boston Globe, in the same session.
Sources: globe-reader-questions
- Morning
Asked what can be done about the holdout, the Globe's reporters said nobody has moved to do anything. Sullivan had questioned each deliberating juror at sidebar once the foreperson raised her concern, and found this one fit to keep deliberating and able to follow the law. What his fellow jurors have said since -- that he conceded a reasonable doubt and still would not vote to acquit -- does not amount to clear evidence of misconduct, and judges are reluctant to reach into a jury room without a showing of tampering or of bias concealed at empanelment. Karen Read's lawyers tried after her first trial, and her appeal failed. Boston Globe, in the same session.
Sources: globe-reader-questions
- Morning
On where the mistrial leaves Clancy: she is still held without bail on three pending murder counts, so the deadlock opens no route out, and she remains in treatment at the state-run Tewksbury Hospital. Were the providers there to decide she no longer needed their care, the Globe said, she would be turned over to the custody of the Plymouth sheriff's department. On either ending -- a conviction or a finding of lack of criminal responsibility -- a judge would be likely to commit her to a hospital for further treatment, and people found not criminally responsible for a killing commonly spend decades in state psychiatric care, some of them the rest of their lives. Boston Globe, in the same session.
Sources: globe-reader-questions
- Morning
The Globe also gave a measure of the case's effect outside the courtroom. Postpartum Support International has reported that calls to its Massachusetts helpline rose by about half after the trial began. A bill on Beacon Hill that would require a mental health evaluation for anyone charged with a crime within a year of giving birth, and let postpartum depression or psychosis bear on how the case is handled, did not advance this session, and its advocates intend to file it again. The paper said it knew of no statewide education campaign begun because of the case. Boston Globe, in the same session.
Sources: globe-reader-questions
- 8:43 p.m.
The Boston Globe published a long interview with Paula Devlin, one of the jurors who had already spoken to NBC10 Boston, and she described a piece of evidence the public has never seen. Partway through deliberations the jury watched a recording of Clancy being interviewed at Tewksbury Hospital in April by a psychiatrist and a psychologist who were evaluating her for the prosecution. It had been marked as an exhibit but was never played in open court and has not been released. What it showed them, Devlin said, was a woman who was delusional and did not believe she was doing anything wrong. Boston Globe, under Shelley Murphy's byline, at 8:43 p.m.
Sources: globe-devlin-interview
- 8:43 p.m.
Devlin said the recording changed what the panel understood by altruistic filicide, the term for a parent who kills a child out of a delusional belief that it is best for the child. It convinced her that Clancy was deeply depressed and wanted to die, and that in that state, as Devlin put it, "her delusion was, her kids would be better off if she had to be gone, then they had to be gone." One of the three men on the jury, the same man who later refused to acquit, said after watching it that it made him step back from murder in the first degree and that he no longer thought the killings were premeditated. Boston Globe, at 8:43 p.m.
Sources: globe-devlin-interview
- 8:43 p.m.
Devlin also said that jurors who have spoken publicly are being threatened. She does not know the full extent of it -- "I don't even know what all the threats are" -- but said enough have arrived that some of her fellow jurors are frightened, and are holding back from the subject they most want to raise, which is the mental health system and how it failed Clancy. She faults medicine in general and mental health care in particular, she said, for a system that has no answer for someone who keeps asking for help and keeps getting worse. Boston Globe, at 8:43 p.m.
Sources: globe-devlin-interview
- 8:43 p.m.
Asked about a retrial, Devlin said she doubted twelve people could be brought to agree that Clancy is guilty of murder at any level: the defense's case was very strong, she said, and the panel did not reach 11-1 easily. A verdict of not guilty by reason of lack of criminal responsibility would have been just, in her view, because it would have committed Clancy to a state psychiatric hospital, to be reviewed from time to time and released only if a judge found she was no longer a danger. Boston Globe, at 8:43 p.m.
Sources: globe-devlin-interview
- 10:31 a.m.
Newsweek took the proposal up two days later and measured it against the standard it would narrow. Nothing has been filed and no bill carries a number, and Fuller has not said when one will. The federal test, 18 U.S.C. section 17, already puts the burden on the defendant to show by clear and convincing evidence that a severe mental disease or defect left them unable to appreciate the nature or the wrongfulness of the act; Massachusetts, where Clancy was tried, applies its own test of criminal responsibility. Kay Levine, a law professor at Emory University, told Newsweek the announcement reads to her as grandstanding, because insanity claims almost never succeed, and said scholars have treated the availability of the defense as a question of due process. Newsweek, at 10:31 a.m.
Sources: newsweek-fuller-insanity-bill
- no time
Reddington answered the senator six days later, in a statement his spokesman Dan Nardo released on Thursday and which was posted on X. He called the remarks despicable and dismissed them as rage bait. To call a woman who had asked for help over and over in the depths of postpartum depression, mania and psychosis a monster was reprehensible, he said, and Cruz did not come close to understanding what postpartum psychosis is, or the condition of medical and psychiatric care in this country. Instead of a rational observation, Reddington said, the senator had called for her execution. He closed with an invitation: any time Cruz wished to debate a question of that importance to the country, he knew where to find him. The rage-bait line was aimed at a particular part of what the senator had said: his remarks about the jury, which Reddington called ignorant. Reported by boston.com, under Abby Patkin's byline, on Friday at 9:14 a.m., by CT Insider, under Peter Yankowski's byline, and by the Boston Globe, under Kaitlin Lewis's byline, on Friday at 11:52 a.m.
Sources: bostoncom-ted-cruz-response, ctinsider-ted-cruz-response, globe-ted-cruz-response
- 9:53 p.m.
A juror who gave her first name as Paula, and her age as 65, told WCVB that the deadlock still sits with her. Jurors are told they are not supposed to feel they failed, she said, but the task they were given was to come out unanimous and they could not, and everything the eleven tried did not move the twelfth: "I feel like we let down Lindsay." What the majority took from the evidence, she said, was that the medical community failed Clancy and with her the whole family, since an illness like that reaches everyone in a house, and that educating people better about it would help the family as a unit. Fox News, under Landon Mion's byline, at 9:53 p.m.
Sources: fox-juror-wcvb
- 9:53 p.m.
She also gave a count of what the jury was sent out with: 297 pieces of evidence, among them Patrick Clancy's 911 call, which she said some jurors found hard to sit through again in the jury room. The panel polled itself as soon as it began -- eight for not criminally responsible, two for guilty, two undecided, the same figures she would give CBS the following morning. "We did not start out 11 to one," she said. "Everybody had different opinions and different reasons and different ways that they got there." The hard part, she said, was holding the children apart from the task, and the room worked at helping each other do it. Fox News, at 9:53 p.m.
Sources: fox-juror-wcvb
- 9:53 p.m.
On the holdout, she said the majority could not follow his reasoning. He acknowledged at different points that he had doubt about the case the Commonwealth had put on, she said, and as the rest of the panel read the judge's instruction, doubt meant they could not convict on murder in the first degree, on murder in the second degree or on manslaughter. Sullivan then asked each juror whether they could apply the law as he had given it, and each said yes. "The judge has to believe that people are telling him the truth. And so, you know, 11 people told the truth and one maybe didn't. And I will never know why." Fox News, at 9:53 p.m.
Sources: fox-juror-wcvb
- 9:53 p.m.
What would have changed things, on her account, was evidence. Had the holdout given the room anything to support his position, she said, the jury would not have sent the judge the note it sent. And had the court taken him off the panel, she would have thought it worth putting an alternate in his place and starting the deliberations over rather than ending the trial where it ended. Fox News, at 9:53 p.m.
Sources: fox-juror-wcvb