Judge in Lindsay Clancy trial explains exactly what jury need to decide to find her guilty of murder
The judge overseeing Lindsay Clancy's murder trial has spelled out precisely what the jury needs to establish in order to convict her, as the case edges towards a verdict.
Judge William Sullivan addressed jurors on the morning of 27th August, walking them through the legal framework they'll need to apply once deliberations begin.
Clancy, 36, has pleaded not guilty to three counts of first-degree murder over the deaths of her children Cora, five, Dawson, three, and Callan, eight months, who were strangled at the family's Duxbury home in January 2023.
Her defence has argued she was suffering from postpartum psychosis at the time.
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What does the prosecution need to prove in the Lindsay Clancy trial?
Sullivan explained that if prosecutors have proved beyond a reasonable doubt that Clancy was not suffering from a 'mental disease or defect' when she killed her children, that satisfies the burden of showing she was criminally responsible.
If the prosecution fails to clear that bar, jurors have been told to consider a second question: whether, because of a mental disease or defect, Clancy 'lacked the substantial capacity either to appreciate the criminality or wrongfulness of her conduct or to conform her conduct to the requirements of the law', in Sullivan's words.
In practice, this means the jury isn't being asked whether Clancy carried out the killings, which isn't in dispute, but whether her mental state at the time meant she can be held criminally responsible for them under Massachusetts law.
Does postpartum psychosis count as a mental disease under the law?
One detail from Sullivan's instructions could prove pivotal given how the trial has unfolded.
He told jurors that a mental disease or defect 'need not fit into a formal medical diagnosis' to satisfy that part of the test.
That's significant in a case where much of the testimony has centred on whether postpartum psychosis, the condition Clancy's defence says she was experiencing, qualifies as a recognised psychiatric diagnosis.
Expert witnesses have offered competing views on that question throughout the trial, with prosecution witnesses arguing Clancy understood right from wrong and acted deliberately, while defence experts have pointed to evidence of an acute psychotic episode.
Sullivan's clarification suggests jurors won't need to resolve that medical debate cleanly one way or the other.
Even without a formal diagnosis being agreed upon, they can still find that Clancy was suffering from a mental disease or defect if the evidence supports it.
If convicted of first degree murder, Clancy faces a mandatory sentence of life in prison without the possibility of parole. If jurors find her not criminally responsible, she would instead be committed to a state mental health facility.
Witnesses who have testified at Lindsay Clancy’s trial
Patrick Clancy
After the jury heard the opening statements on 27 July, Clancy’s ex-husband, Patrick Clancy, was the first person to take to the stand.
Patrick testified that Clancy struggled after the birth of their third child, Callan, and that in the months before the January 2023 killings, she told him she was having thoughts of suicide and of harming their children.
He claimed that December 2022 ‘was really where her big spiral started’.
Patrick told the court: “She started to lose a lot of weight, and she became very depressed, and she was having a really hard time.”
After Clancy spent some time in a locked-ward facility, Patrick said he was ‘hopeful' as ‘she seemed much better’.
He later recalled the day of the killings, testifying that Clancy initially ‘seemed in a good mood’ and ‘was having one of her best days’.
But on returning home to find his children dead, he said he ‘saw blood everywhere’.
Around a week later, Clancy called her then-husband from hospital, Patrick said.
“She didn’t talk about our kids, she talked about what she went through,” he testified. “She said she heard a man’s voice telling her that if she didn’t do it now, she would lose her chance - or something like that.”
Elaine Rossi, former nanny
Elaine Rossi, who worked as the Clancy family's nanny from September to December 2022, testified that Clancy was a ‘wonderful mom who loved her kids’.
“She was concerned about their safety, and Callan eating and sleeping. She was a wonderful mother,” she told the court.
Rossi recalled seeing prescription medicine bottles in the house, and that Clancy ‘shared with me she had postpartum and couldn't sleep’.
The nanny also testified that she noticed the mom had lost a significant amount of weight, but she said she never feared for the children's safety.
Timothy Chiappini, state trooper
Timothy Chiappini was tasked with doing a forensic analysis of Clancy's cellphone, testifying that she searched 'can you treat a sociopath' days before her children were killed.
The former detective also read out entries from her notes app. “I'm sad and depressed because I am not able to parent my third child like my first,” one excerpt, dated October 25, 2022, read in part.
Jennifer Tufts, psychiatrist
Tufts, who first began treating Clancy in September 2022, testified that the mom had ‘denied having suicidal thoughts but felt that she was getting close to it’ in December 2022.
Clancy’s defence attorney asked Tufts: “Would it surprise you to know that she called a suicide hotline in that timeframe, not once but twice, and was turned away?”
She replied: “It does surprise me, yes. It surprises me that she called them twice.”
When asked if Tufts had ever asked Clancy about calling the suicide hotlines, the psychiatrist said she didn’t think she had ‘specifically asked that’.
Clancy had more than a dozen sessions, which took place over an online video link, with Tufts. Their final appointment was on January 23, 2023 - the day before the killings, the court heard.
Paula Musgrove, Clancy’s mother
Paula Musgrove described her daughter as a loving and devoted mom whose mental health began to decline in October 2022.
The jury was shown a text from Clancy to her mother from that time; it read: “Mom, will you please come up and stay with me for a bit? I'm really sick. Something is wrong.
“I had horrible insomnia all night, and I just don't know how I am going to get through the day... I started taking the medicine my doctor prescribed for anxiety and I think it's made things worse. It's just really scary and I don't want to be alone.”
Musgrove told the court about a conversation she had with Clancy and her then-husband, Patrick, in December 2022.
“She told us she had thoughts of harming the children,” she said.
Musgrove testified that Clancy grew increasingly fearful of sleeping alone, suffered from insomnia, and became convinced that the numerous psychiatric medications she was being prescribed were ‘destroying her mind’.
Allison Ozga, Clancy’s sister
Ozga testified that when she saw her sister during Thanksgiving 2022, her ‘mood did not look good’ and she ‘didn’t seem very energised’.
Clancy told Ozga that she was experiencing suicidal thoughts every day for a month before the killings, her sister said.
She told the court: “I had this gut feeling that something was off and that she was really struggling, and I asked her if she was safe. She said ‘yes’ at that point.”
Ozga also said she had concerns when she saw Clancy at Cora's birthday in January 2023.
She testified: “I think she looked like she was going through the motions of putting together a birthday party for her daughter. But she looked tired. She looked like she was still struggling.”
Christopher Clancy, Patrick’s father
Clancy’s former father-in-law, Christopher Clancy, testified that she was ‘very mothering’ and protective ‘like any mother would be’.
On how she appeared in December 2022, he told the court: “She was very, very good. She fed them great. She did a lot of things with them …like the all-American family.”
Christopher testified that he ‘knew she [Clancy] was having a hard time sleeping’, adding: “I knew she didn’t feel well … I knew she went to the emergency room where my wife was working.”
When the prosecutor asked Christopher about receiving a call from Patrick on the night of the killings, he said: “It was terrible.”
Susan Clancy, Patrick’s mother
Susan Clancy testified that her former daughter-in-law was a ‘very nurturing, very loving’ and ‘a wonderful mother’ who was ‘begging for help’.
“She had insomnia. She was losing her appetite,” she said. “She was very anxious and sad.”
When asked by the defence if Clancy had been ‘interested at all times in trying to get better and see doctors’, Susan responded: “Very much so.”
Margaret Hamp, Clancy’s former co-worker
Margaret Hamp, who worked with Clancy at the Massachusetts General Hospital, recalled a conversation they had about Andrea Yates, a woman who confessed to drowning her five children in the bath in 2001.
Hamp told the court: “I asked [Clancy] if she had ever heard of the Andrea Yates case and she hadn't.
“I explained that to her and she cried, and she said: 'How could a mother hurt her children?'”
Hamp testified that Clancy ‘loved being a nurse’, adding: “She was compassionate. She was kind. She was a patient advocate.”
Friends of Clancy
Amy Bevins
Amy Bevins, who had known Clancy for 29 years, told jurors she communicated with the mom just days before the killings.
“She had shared that she had been taking a medication that caused her to have some dark thoughts, but that she was going to, or had been weaning, like tapering off that medication,” Bevins testified, later adding: “I remember it being something where there was conveying of hope, and that it was going to be a, you know - we were moving in a positive direction.”
Bethany DeCollibus
Another friend, Bethany DeCollibus, described speaking with Clancy during one of the kids' birthdays in January 2023, where Clancy was apparently struggling with sleep.
"She responded that things haven't gotten any better, and that she feels like a zombie," she testified.
Andrea Hennigan
Andrea Hennigan, who worked with Clancy at the Massachusetts General Hospital, testified that Clancy told her she wouldn’t return to work because she ‘was not in a mental state to take care of patients’ after Callan was born.
“She talked about insomnia and not feeling herself,” she said. “I believe she might have used the words brain fog or something like that.”
Topics: Crime, Lindsay Clancy, Mental Health
Thomas Bamford