Latest / Crime Stories with Nancy Grace / MOM LINDSAY CLANCY: 3 TOTS DEAD, SECRET DIARY
Transcript
- 0:00Speaker 1: A so called devoted mom. Lindsey Clancy, her three tots
- 0:05Speaker 1: found strangle dead with mommy's exercise bands tonight her secret diary,
- 0:11Speaker 1: Good evening, I Meancy Grace, this is crime Stories. I
- 0:14Speaker 1: want to thank you for being with us. Mommy's exercise
- 0:24Speaker 1: bands were used to strangle the three children.
- 0:31Speaker 2: She was aware of some of the troubles Lindsay was having,
- 0:35Speaker 2: and she was aware that Lindsay was having maybe some
- 0:39Speaker 2: darker thoughts. And then when asked on the stand, was
- 0:44Speaker 2: Lindsey Clancy emotional, she said no, there were no tears.
- 0:50Speaker 3: Summer's Street was from the police alary off the top
- 0:54Speaker 3: floor of the house. Player earth as well and neck
- 0:57Speaker 3: injuries that collaboration. She's conscious at this time. We're gonna
- 1:01Speaker 3: check with my plate, who's over twenty football.
- 1:04Speaker 4: It's unknown where the knife is or whatever she used
- 1:08Speaker 4: to sweat her. She's in the looks like the opinion
- 1:14Speaker 4: are on the back. We'll get that info.
- 1:17Speaker 5: She didn't use a knife at first.
- 1:19Speaker 6: Unknown where that is at this time. I ambulance.
- 1:26Speaker 3: I'm on the way where with the county and as
- 1:35Speaker 3: the two pediatrics arrests were got mutilate on the way,
- 1:39Speaker 3: mutuallyate at this.
- 1:40Speaker 1: Time, you're hearing parts of the nine on one dispatch call.
- 1:45Speaker 1: After three little talks, one an infant all found strangled
- 1:51Speaker 1: dead by mommy with her own exercise bands. Now we
- 1:58Speaker 1: all know the stress chy nature of exercise bands or
- 2:03Speaker 1: bungee cords. Imagine the force and exertion required. It's like
- 2:08Speaker 1: strangling someone with a rubber band. How hard she had
- 2:13Speaker 1: to pull the exercise cords in order to murder her
- 2:19Speaker 1: own children. And tonight we find out that one of
- 2:24Speaker 1: the first things that comes out of her mouth when
- 2:29Speaker 1: she's in the hospital, she's taken off the ventilator, she says,
- 2:36Speaker 1: do I have a lawyer? Okay? Straight out to Randy
- 2:41Speaker 1: Kesser joining us, a veteran trial lawyer, professor at the
- 2:44Speaker 1: Emery Law School, former chair of the ABA Family Law
- 2:49Speaker 1: Section for the entire American Bar Association, author of Divorce,
- 2:53Speaker 1: Protect Yourself, your Kids, and your future. Randy, the reason
- 3:00Speaker 1: I am emphasizing the force and exertion necessary to strangle
- 3:06Speaker 1: not one, two, but three children, one of whom we
- 3:10Speaker 1: believe ran in fear to his father's basement office. The
- 3:13Speaker 1: older boy there you see, callum there, he's just an infant,
- 3:20Speaker 1: is akin to the reason I'm bringing it up is
- 3:25Speaker 1: because you and I have argued that on different sides
- 3:28Speaker 1: of the fence. Of course, in court when it comes
- 3:29Speaker 1: to the force necessary to pull a trigger. Remember we
- 3:36Speaker 1: just had that come up in court with a veteran
- 3:40Speaker 1: and well known lawyer in your jurisdiction that shot his
- 3:43Speaker 1: wife dead and he said it was an accident, said
- 3:47Speaker 1: that he was sleeping and woke up and went bam
- 3:50Speaker 1: and killed his wife. Yeah, that did not work for me.
- 3:54Speaker 1: The point is, the force and exertion used to pull
- 3:58Speaker 1: a trigger goes two intent, and here we have it
- 4:03Speaker 1: intent times three. The force necessary to use those elastic
- 4:08Speaker 1: bands to pull them so tightly as they were stretchy
- 4:13Speaker 1: and giving that takes a lot of force, a lot
- 4:17Speaker 1: of exertion, and a lot of time during which she
- 4:20Speaker 1: could have formed intent. Kesser, do you agree with me?
- 4:24Speaker 1: You know the law as well as I do that
- 4:28Speaker 1: intent to commit a crime, any crime, does not require
- 4:32Speaker 1: a long period of planning. Intent can be formed, as
- 4:36Speaker 1: our former judge would say Luther Alberson, in the blink
- 4:40Speaker 1: of an eye, the twinkling of a moment, in the
- 4:42Speaker 1: time it takes you to raise the gun and pull
- 4:45Speaker 1: the trigger much less the time it takes you to
- 4:47Speaker 1: pull and pull and pull exercise bands to kill them.
- 4:52Speaker 1: That's time to form intent.
- 4:54Speaker 6: Yes, she had the time to form intent. She had
- 4:58Speaker 6: that intent, and she killed the children. But the question,
- 5:00Speaker 6: in my opening statement and my closing argument would be
- 5:05Speaker 6: she did this because that's the only question the defense
- 5:09Speaker 6: can rely on, which is now I No, motive is
- 5:11Speaker 6: not a question in front of this jury. But she
- 5:14Speaker 6: did this because, and the jury is going to fill
- 5:16Speaker 6: that answer that blank in with she was crazy, she
- 5:19Speaker 6: was psychotic, she was mentally insane, because there's no other
- 5:22Speaker 6: answer to that question. She did this because why she
- 5:25Speaker 6: wanted out of the marriage. She wanted There was no
- 5:27Speaker 6: other answer that makes as much sense as she did
- 5:30Speaker 6: this because she was not mentally capable of making the
- 5:33Speaker 6: right decision. That's the only defense the defense has.
- 5:37Speaker 1: I think, Randy Kessart, could you hold up your side again,
- 5:40Speaker 1: plays I'd like to say that you like my artwork. Okay,
- 5:46Speaker 1: I'm very impressed. Okay, I'm impressed that you had your
- 5:49Speaker 1: assistant printing that out straight out to Peenny commit, Peeny commit,
- 5:56Speaker 1: joining us, The Boston investigative reporter wb Z CBS Boston
- 6:01Speaker 1: has covered multiple high profile cases, including this one. Penny commit,
- 6:06Speaker 1: thank you for being with us. I'm going to get
- 6:08Speaker 1: into all the facts. But answer me this. Riddle me this, Penny.
- 6:14Speaker 1: One of the first things that came out of her
- 6:16Speaker 1: mouth when she came to and they removed the breathing
- 6:19Speaker 1: device was about a lawyer. Isn't that true? What did
- 6:24Speaker 1: she say? So?
- 6:25Speaker 7: One of her doctors testified that she was actually writing
- 6:28Speaker 7: answers on a piece of paper because she had all
- 6:30Speaker 7: these tubes in her mouth. She was hooked up to
- 6:33Speaker 7: all these different pieces of equipment, and she wrote that
- 6:36Speaker 7: she felt horrified, and then she asked where is her family?
- 6:41Speaker 7: And then one of the first things she did ask
- 6:43Speaker 7: is do I need a lawyer? And that is something
- 6:46Speaker 7: that the jurors heard last time.
- 6:47Speaker 1: Okay, you are seeing a shot of Lindsey Clancy in
- 6:53Speaker 1: the hospital. And the reason I'm showing this Kessler to
- 6:58Speaker 1: your delight. She is definitely battered and bruised. She is
- 7:08Speaker 1: paralyzed from her jump from her second story window. Some
- 7:16Speaker 1: would argue, let's see the shot of the window seal.
- 7:20Speaker 1: That blood on the outer edge of the window seal,
- 7:25Speaker 1: it's blurred right there. That's the state's exhibit shows that
- 7:31Speaker 1: she hung on trying to lessen her fall. Her arms
- 7:39Speaker 1: were bleeding. Does that indicate she tried to hold on
- 7:46Speaker 1: to lessen her fall? But back to the hospital, Kessler,
- 7:51Speaker 1: I'm sure you're gonna have a field day with this.
- 7:53Speaker 1: Let me see Kessler please, And Randy, I'm not saying
- 7:57Speaker 1: you're wrong. I'm not saying that she was not in
- 8:02Speaker 1: postpartum psychosis. I know it's so incredibly rare. And because
- 8:08Speaker 1: she immediately asked for a lawyer, and I'm glad Penny
- 8:12Speaker 1: Commit told us how she communicated, because it takes a
- 8:15Speaker 1: lot more effort to write something than it does to
- 8:17Speaker 1: just blurt it out, so she actually had the wherewithal
- 8:21Speaker 1: to write lawyer. I mean, wait, pity Commit. Did she
- 8:28Speaker 1: ask anything about her children?
- 8:31Speaker 7: She asked where her family is and if she can
- 8:33Speaker 7: have visitors. But that's all the witness.
- 8:36Speaker 1: Has to do. Where is my family? Did she say,
- 8:40Speaker 1: did I kill the children? Did they survive? Where are
- 8:43Speaker 1: my babies? Anything like that?
- 8:45Speaker 7: The doctor did not testify that she wrote.
- 8:47Speaker 1: Down on any of those, so that would be a
- 8:51Speaker 1: note correct.
- 8:53Speaker 7: She wrote, I feel horrified and I have visitors. Where
- 8:57Speaker 7: is my family, and then do I need a lawyer?
- 9:00Speaker 1: Okay, hold on, Kesser, hold on just a moment, Susan
- 9:03Speaker 1: Constantine joining me. Body language expert, jury consultant, Wow, author
- 9:08Speaker 1: of five books, including How to Spot a Liar in
- 9:11Speaker 1: Seven Seconds or Less. Okay, Susan, I'm not a nonverbal
- 9:18Speaker 1: expert like you are. But I did notice that every
- 9:20Speaker 1: sentence Penny commitment just said relating what Clancy stated had
- 9:25Speaker 1: either I or me or my in it.
- 9:29Speaker 8: Yeah, so i'my or my is someone that is very
- 9:32Speaker 8: conscious about themselves. But you know, there's a lot of
- 9:35Speaker 8: research that's behind those that use ie, me and mine,
- 9:39Speaker 8: a lot that are very self absorbed, but also people
- 9:42Speaker 8: that do that have high levels of depression because they're
- 9:45Speaker 8: always self conscious. But the fact that she was concerned
- 9:48Speaker 8: more about herself, not so much about the children, and
- 9:51Speaker 8: not really asking about her children is problematic. So the
- 9:55Speaker 8: first wars that come out of her mouth is telling
- 9:57Speaker 8: you what she's cognitive thinking.
- 10:00Speaker 9: And the other thing is I want to make a.
- 10:02Speaker 8: Point to is that her reasoning obviously was intact. That
- 10:07Speaker 8: she could come out of this situation and actually ask
- 10:10Speaker 8: a question or write a question about her and it
- 10:15Speaker 8: just shows that she was able to reason, and that
- 10:17Speaker 8: really creates some issues for me.
- 10:20Speaker 1: So, Susan Constantine, wait a minute, it's like you want
- 10:23Speaker 1: your cake on your plate and you want to eat
- 10:26Speaker 1: it too, So you want to say me me me me,
- 10:29Speaker 1: me me me me me me I I I I
- 10:31Speaker 1: my my my mind is a sign of a narcissistic
- 10:35Speaker 1: possibly sociopath. On the other hand, it could mean she's
- 10:39Speaker 1: really really depressed. Okay, You're gonna have to pick a
- 10:42Speaker 1: side here because I need guidance. I need to understand
- 10:45Speaker 1: what's happening. Because you and I, we all know that
- 10:48Speaker 1: when it comes to postpartum psychosis, only one to two
- 10:50Speaker 1: women per thousand actually have psychosis. A lot of people,
- 10:55Speaker 1: a lot of women have postpartum depression, and it can
- 10:58Speaker 1: be debilitated. But postpart of psychosis means you don't really
- 11:03Speaker 1: even know what you're doing. By the way, that video
- 11:06Speaker 1: from our friend Nate eating at East Idaho News, so
- 11:09Speaker 1: big a sigh, Constantine, I need guidance and that was
- 11:13Speaker 1: a little eh wishy washy.
- 11:15Speaker 9: Okay, So I'm gonna share with you what the research says. Okay.
- 11:19Speaker 8: Doctor James Pennebaker wrote a book about the secret life
- 11:22Speaker 8: of pronouns. He talked a lot about the I, me
- 11:24Speaker 8: and my, the I, me and my are taking personal ownership,
- 11:28Speaker 8: generally speaking, that it's about them. They're asking this is
- 11:32Speaker 8: hit them taking personal ownership. But on the flip side
- 11:35Speaker 8: of that, what we found in the research is that
- 11:38Speaker 8: people that consistently use I, me and my are very
- 11:42Speaker 8: self aware. They're they're when talking about narcissistic personality disorder.
- 11:46Speaker 8: But so it's not one or the other, Nancy, it's both.
- 11:52Speaker 1: Penny Commit joining us investigative reporter WBZ, CBS Boston. What
- 11:57Speaker 1: was in her journal?
- 12:00Speaker 7: You know what's funny, and this is how it goes
- 12:01Speaker 7: every trial, right, the prosecution and the defense focus on
- 12:05Speaker 7: very different things. When it came to that journal, the
- 12:08Speaker 7: prosecution focused on how Lindsay was exhausted. She was saying
- 12:12Speaker 7: how she desperately needs a break. At one point, she
- 12:15Speaker 7: wrote in her journal that she feels like she needs
- 12:17Speaker 7: a break so badly that her brain is making her
- 12:21Speaker 7: body sick. She said, my mind never shuts off. She said,
- 12:25Speaker 7: I feel disconnected with my baby. I'm so desperate for
- 12:28Speaker 7: a mental break from taking care of everyone. And they
- 12:32Speaker 7: focused on, you know, her meticulously documenting her children's sleep schedule,
- 12:35Speaker 7: so trying to show that she was a controlling mother.
- 12:38Speaker 7: The defense on the other hand, and this goes back
- 12:41Speaker 7: to her defense attorney Kevin Reddington, it seems he's taking
- 12:44Speaker 7: this case very personally. He reads an excerpt from the
- 12:47Speaker 7: diary where she says, I want to be well, and
- 12:51Speaker 7: his voice even choked up when he read that. He
- 12:55Speaker 7: mentions how she wrote she has horrible insomnia, anxiety. It's
- 12:58Speaker 7: causing depression. I want help. I want to be well,
- 13:03Speaker 7: and that was a big moment for the Jersey hear.
- 13:06Speaker 1: Randy Kessler, I want you to hear what doctor Todd
- 13:10Speaker 1: Barr has to say, Doctor Barr joining us out of
- 13:13Speaker 1: Ohio forensic pathologist, deputy coroner of Franklin County. That's Columbus.
- 13:19Speaker 1: Never a lack of business in the Columbus Morgue featured
- 13:23Speaker 1: in thin places essays from in between doctor Barr, I
- 13:31Speaker 1: hear a lot in this case, and again, I want
- 13:35Speaker 1: the truth. I don't want a witch hunt where she
- 13:40Speaker 1: is put behind bars when she truly was in psychosis.
- 13:44Speaker 1: On the other hand, I don't want her hiding behind
- 13:47Speaker 1: a psychosis claim when she formed intent and committed three
- 13:52Speaker 1: murders on her children. Why, I don't care why. I've
- 13:56Speaker 1: noticed that when a woman is on trial for murder
- 14:00Speaker 1: murder of her children, people's search scour for a motive.
- 14:06Speaker 1: It doesn't matter. They're dead, she's alive. No one talks
- 14:12Speaker 1: about the children. Nobody. Have you ever heard in the
- 14:18Speaker 1: analyses of this case someone talk about what the three
- 14:23Speaker 1: children went through before their deaths. They were lured to
- 14:27Speaker 1: the basement by mommy, who orchestrated her husband leaving home
- 14:33Speaker 1: to go to the furthest Away restaurant, a restaurant they
- 14:36Speaker 1: had never gotten take out from before ever, then sent
- 14:40Speaker 1: them to I think it was CVS Pharmacy to get
- 14:42Speaker 1: a prescription, waited for him to leave to kill the children.
- 14:47Speaker 1: There he is wandering around the CVS look looking for
- 14:52Speaker 1: whatever the prescription was, which in my world, my world
- 14:58Speaker 1: shows intent and pre meditation, Doctor Barr. Back to what
- 15:04Speaker 1: the children went through, we have reason to believe they
- 15:07Speaker 1: were put face down and strangled from behind, which is
- 15:11Speaker 1: a whole other can of worms for our shrink, Doctor
- 15:13Speaker 1: Leslie Dobson. But that one of the children, the oldest boy,
- 15:17Speaker 1: actually tried to run. That would be Dawson. He was
- 15:24Speaker 1: found dead in his father's office, which was also in
- 15:27Speaker 1: the basement. What did they endure? What does a human
- 15:33Speaker 1: endure when they are strangled, much less face down from
- 15:38Speaker 1: behind by their mother who is tightly gripping exercise bands
- 15:44Speaker 1: to kill them.
- 15:47Speaker 10: Absolute unmitigated terror is what they went through. It may
- 15:52Speaker 10: have only lasted for a number of minutes. It takes
- 15:56Speaker 10: about ten to fifteen seconds of pressure on the carotid
- 16:00Speaker 10: arteries and the jugular veins to prohibit blood flow to
- 16:06Speaker 10: and from the brain, which is what causes the hypoxia
- 16:09Speaker 10: or the lack of oxygen to the brain. They would
- 16:13Speaker 10: become quite dizzy, quite abtunded, almost immediately and within you know,
- 16:21Speaker 10: in a typical adult, four to five minutes of lack
- 16:24Speaker 10: of oxygen would lead to irreversible brain damage. So anything
- 16:29Speaker 10: more than four minutes of a ligature around the neck
- 16:32Speaker 10: that's occluding these veins and arteries of the neck is
- 16:39Speaker 10: going to render them incapacitated within minutes. I know that
- 16:44Speaker 10: the eight month old survived a period of three days,
- 16:48Speaker 10: so I'm not sure what the mechanism there was. If
- 16:53Speaker 10: she didn't use as much force on the infant so
- 16:57Speaker 10: that the baby was able to survive for a period
- 16:59Speaker 10: of days. But the other three. It takes about four
- 17:04Speaker 10: to six pounds of pressure to close off the jugular
- 17:09Speaker 10: veins because they're very thin. It takes about seven to
- 17:13Speaker 10: eleven pounds of pressure to close off the corotid arteries.
- 17:17Speaker 10: A light banded exercise band has a tenstyle strength of
- 17:24Speaker 10: between five and fifteen pounds. And as you stretch those
- 17:29Speaker 10: Nancy and I know you were referencing how she's got
- 17:32Speaker 10: to pull and pull and pull to tighten these these
- 17:36Speaker 10: exercise bands, but as you stretch them, they naturally want
- 17:40Speaker 10: to recoil, so she's actually being assisted by the elasticity
- 17:45Speaker 10: of the exercise bands to create additional force on the neck.
- 17:52Speaker 10: And these are small children, So we usually talk in
- 17:56Speaker 10: terms of adults when we use these pressures and and timeframes,
- 18:01Speaker 10: but you have to imagine these kids are much smaller
- 18:04Speaker 10: than adults, and it would be much easier to cut
- 18:08Speaker 10: off their oxygen supply with an exercise band. So to
- 18:13Speaker 10: answer your question, in the end, they had several minutes
- 18:18Speaker 10: of just sheer panic.
- 18:22Speaker 1: What happens to the body and the mind when you
- 18:27Speaker 1: are being asphyxiated. Do you just pass out? You don't
- 18:30Speaker 1: feel anything? Because in my experience of prosecuting manual and
- 18:35Speaker 1: lugature strangulations, I've seen scratches for the victim herself. Scratches, Yes,
- 18:46Speaker 1: at her own throat, tried to get the band off,
- 18:51Speaker 1: just like deep furrowed scratches. I know that the particular
- 18:56Speaker 1: in the eyes burst. What does that feel a lot
- 19:00Speaker 1: for your blood vessels and your eyes to blow up? Yeah,
- 19:05Speaker 1: it would be for air. Do you just everything goes
- 19:08Speaker 1: black and you don't feel anything. What actually happens? What
- 19:12Speaker 1: happened to these three children?
- 19:15Speaker 10: Yeah? You know, And like I said, again, it's it's
- 19:19Speaker 10: absolute terror. And you're correct. We see this very often
- 19:22Speaker 10: in ligature or manual strangulations where the victim naturally it's
- 19:29Speaker 10: just an innate ability or an innate mechanism to survive
- 19:35Speaker 10: that they would reach up and try to pull whatever
- 19:38Speaker 10: the offensive element is off of their neck so that
- 19:41Speaker 10: they can breathe. I mean, that's just that's getting into
- 19:44Speaker 10: your animal brain, your reptilian brain. And when the blood
- 19:49Speaker 10: but vessels are bursting and causing petikia, that would feel
- 19:54Speaker 10: like a burning sensation because you've got the blood is
- 19:58Speaker 10: leaking out through and using these red dots to form
- 20:01Speaker 10: all over the face, in the oral mucosa, in the
- 20:05Speaker 10: mucosa of the eyes, the conjunctiva, and all of that.
- 20:09Speaker 10: It would be like a it would be it would
- 20:11Speaker 10: feel like a sunburn almost that you're getting this burning sensation.
- 20:18Speaker 1: To Randy Kessler hearing the premeditation, the planning, and what
- 20:25Speaker 1: the children endured. And I've seen this in court a
- 20:29Speaker 1: million times. Defense attorneys do their very best so the
- 20:32Speaker 1: jury doesn't hear what the victims went through. There is
- 20:35Speaker 1: no victim in the court room. All the jury sees
- 20:39Speaker 1: is the defendant. This defendant is paralyzed from the waist
- 20:44Speaker 1: down from jumping out of her window. So they are
- 20:48Speaker 1: seeing her looking sympathetic. And I think what happened to
- 20:54Speaker 1: the children is getting lost in the sauce, Randy. But
- 20:57Speaker 1: I want to hear your response to the effort it
- 21:01Speaker 1: took to strangle the children and that some of her
- 21:04Speaker 1: first communications were do I have a lawyer?
- 21:10Speaker 11: Not?
- 21:10Speaker 1: Did my children live? How are my children? What have
- 21:13Speaker 1: I done to my children? Is this a horrible dream?
- 21:16Speaker 1: Are they dead? Are they alive? But? Do I have
- 21:19Speaker 1: a lawyer? I find that to be troublesome, to say
- 21:23Speaker 1: the least.
- 21:25Speaker 6: And combined with the horrific nature of the murder, no
- 21:28Speaker 6: question about it. But all those facts, Nancy, are prejudicial,
- 21:32Speaker 6: not provative. Those facts don't need to be said. They're
- 21:36Speaker 6: being said to play on the sympathy of the jury.
- 21:38Speaker 6: The question, the issue of whether she did this has
- 21:42Speaker 6: been answered. She's acknowledged it, she's admitted it. Her lawyer
- 21:44Speaker 6: said she did it. Whether she did it and it
- 21:47Speaker 6: caused a lot of pain or a little pain, it's horrible.
- 21:50Speaker 6: But they're emphasizing how much pain to cause these children,
- 21:53Speaker 6: how horrible it was, to get the jury more sympathetic
- 21:56Speaker 6: to the victims and more likely to want to punish.
- 22:00Speaker 6: But that's not the legal standard. Legal question here is
- 22:02Speaker 6: not how bad was it? How much did they suffer?
- 22:05Speaker 6: The question is did she do it because she had
- 22:08Speaker 6: a mental break, because she was in a state of psychosis.
- 22:11Speaker 6: And none of the questions you're raising, none of the
- 22:13Speaker 6: issues you're bringing up mitigate or change the fact that
- 22:18Speaker 6: if she did it, it was because she was under
- 22:19Speaker 6: a state of psychosist. There's no other reason she did
- 22:21Speaker 6: not hate the husband.
- 22:23Speaker 1: That is absolutely not correct, Kessler. Because she could create
- 22:28Speaker 1: a plan intent and then carry out the intent that
- 22:33Speaker 1: goes to presence of mind, It goes to frame of mind,
- 22:37Speaker 1: course of conduct, so many more aspects that are probative
- 22:43Speaker 1: at trial. I appreciate your attempt. Maybe the defense attorney
- 22:46Speaker 1: can learn from what you just said. Joining us now.
- 22:49Speaker 1: Doctor Leslie Dobson, clinical forensics psychologist, hosts of a brand
- 22:53Speaker 1: new podcast on iHeart Intentionally Disturbing and you can find
- 22:58Speaker 1: her a Doctor Leslie Dobson dot com, author of The
- 23:03Speaker 1: Friend plans how to set boundaries with energy vampires. Doctor
- 23:09Speaker 1: Leslie weigh in.
- 23:12Speaker 11: I think she was floridly psychotic, and you cannot convince
- 23:15Speaker 11: me otherwise. We have a violence free history, a happy mother,
- 23:20Speaker 11: and she faked going to all these doctors, getting all
- 23:23Speaker 11: these medications, faked being completely insane, faked having all of
- 23:28Speaker 11: this anxiety, faked suicidal thoughts and harm for her children.
- 23:32Speaker 11: Then all of a sudden, premeditated killed her three kids
- 23:35Speaker 11: and jumped out a window and wanted to be paralyzed.
- 23:38Speaker 11: It makes no sense, and there is no way the
- 23:40Speaker 11: prosecution is going to be able to convince a jury
- 23:43Speaker 11: to say without doubt that there was no question of insanity.
- 23:49Speaker 1: Well, of course that's not the legal standard, doctor Leslie.
- 23:51Speaker 1: The standard is beyond a reasonable doubt, not no doubt,
- 23:55Speaker 1: beyond a reasonable doubt.
- 23:58Speaker 11: Well, it's two wrongs.
- 24:02Speaker 1: And they are.
- 24:04Speaker 11: The two prongs are that you have to we need
- 24:06Speaker 11: clear and convincing evidence. So do we have do't? And
- 24:11Speaker 11: do we actually believe that she was seen or insane
- 24:17Speaker 11: at the time of the crime.
- 24:18Speaker 1: Actually, in Boston and throughout Massachusetts as in the rest
- 24:23Speaker 1: of the country, the legal standard of proof and a
- 24:25Speaker 1: criminal trial is beyond a reasonable doubt. That is the
- 24:33Speaker 1: standard beyond a reasonable doubt, not a fanciful doubt, but
- 24:39Speaker 1: a reasonable doubt based in reason, not to a mathematical
- 24:45Speaker 1: certainty such as two and two equals four, but beyond
- 24:50Speaker 1: a reasonable doubt. Dave mac what can you tell me
- 24:54Speaker 1: about the facts that we are learning in the court room.
- 24:57Speaker 1: The big question tonight is is she going to take
- 24:59Speaker 1: the stand? Dave Matt Crime Stories investigative reporter Jump in Nancy.
- 25:04Speaker 5: What we have found out in court is that Lindsey
- 25:09Speaker 5: Clancy at least planned the events of the day enough
- 25:14Speaker 5: early on, if you remember, early on, Lindsey Clancy texted
- 25:19Speaker 5: Patrick about getting dinner from a takeout place. Didn't say
- 25:22Speaker 5: which one, but that was early in the day, Are
- 25:25Speaker 5: you in for takeout later on? So the plan begins.
- 25:27Speaker 5: Then then when it comes time to send Patrick Clancy
- 25:31Speaker 5: away from the home, Lendsy Clancy orders the takeout from
- 25:36Speaker 5: a restaurant they've never used before, and that is the
- 25:39Speaker 5: furthest away from their home, but still realistic to possibly use.
- 25:43Speaker 5: Then she adds going by CVS to pick up some medication.
- 25:49Speaker 5: Patrick Clancy is confused and calls Lindsey Clancy while he's
- 25:53Speaker 5: at CVS. Nancy And the reason I'm putting this out
- 25:56Speaker 5: is that Lindsey Clancy got Patricks the home and was
- 26:01Speaker 5: planning to do that earlier in the day. Then she's
- 26:05Speaker 5: in the middle of whatever is taking place when Patrick
- 26:08Speaker 5: calls him. You know what he says, bat She just
- 26:11Speaker 5: sounded like she was a little active, but nothing really
- 26:13Speaker 5: going on. She's in the middle of killing her children,
- 26:16Speaker 5: and yet she can be normal with Patrick on the phone.
- 26:20Speaker 5: So as this all starts to break down, we also
- 26:23Speaker 5: realized that you mentioned was Dawson the boy? Was he
- 26:27Speaker 5: trying to escape? Well, we have Callen and Cora both
- 26:31Speaker 5: found in the same area of the basement. Dawson was
- 26:35Speaker 5: found across the room in an office that Patrick Clancy
- 26:39Speaker 5: was using to work from home. But you know, Nancy,
- 26:42Speaker 5: the bands were tied so differently around Dawson's neck that
- 26:47Speaker 5: the bands were not pulled off by Patrick as easy
- 26:50Speaker 5: as the other ones where he had to pull it
- 26:51Speaker 5: out around his uh Dawson's head. So this was a
- 26:56Speaker 5: plan of action that Lindsey Clancy backed in all day
- 27:01Speaker 5: long to get her husband out of the house and
- 27:04Speaker 5: its stay gone long enough for her to do what
- 27:07Speaker 5: she wanted to do. That's perfect planning.
- 27:12Speaker 1: To Susan Constantine joining us out of the Orlando jurisdiction.
- 27:16Speaker 1: You've seen her in mini mini high profile trials. She's
- 27:20Speaker 1: a body language expert. It has been reported that Clancy
- 27:26Speaker 1: sent secret clues during the trial, particularly with her husband
- 27:35Speaker 1: was on the stand. Did you notice them? And what
- 27:39Speaker 1: if anything can you make of it?
- 27:43Speaker 9: Okay, so you know, in my.
- 27:47Speaker 8: World, we don't go A plus bople'll see there's got
- 27:50Speaker 8: to be some sort of correlation.
- 27:53Speaker 9: So we don't know what we don't know.
- 27:55Speaker 8: So I think that that's really far reaching to say
- 27:58Speaker 8: that she was sending clues.
- 28:00Speaker 9: Because we don't know.
- 28:01Speaker 8: So on the other hand, what we're seeing, though, we're
- 28:04Speaker 8: seeing a lot of emotion mostly within the mouth. We
- 28:08Speaker 8: see a lot of the lick lipping, we see a
- 28:11Speaker 8: lot of the lip rolling. All of that is all
- 28:15Speaker 8: a physiological response from stress. Right, It doesn't mean she's
- 28:20Speaker 8: withholding information because she does. We don't even she wasn't
- 28:24Speaker 8: going to speak. So to say that she's like literally
- 28:26Speaker 8: putting a cup over her mouth and refusing to say
- 28:30Speaker 8: something is ridiculous. Okay, there's no research to back that up.
- 28:35Speaker 8: What we do know is that when somebody is stressed, Okay,
- 28:39Speaker 8: there's high cognitive load, it drives up the salvatory glands,
- 28:43Speaker 8: and then that's why they lick their lips. The other
- 28:45Speaker 8: reason why they press their lips together. It could be
- 28:48Speaker 8: all kinds of reasons. They're restraining, they're pressing down, they're
- 28:52Speaker 8: trying to contain their emotions, and you'll see it around
- 28:55Speaker 8: their mouth because there's twenty muscles around the mouth. So
- 28:59Speaker 8: that's why we see it all of this movement. The
- 29:01Speaker 8: other thing I'd like to speak to about the tears.
- 29:04Speaker 8: People can cry with tears and not have the nose drip.
- 29:10Speaker 9: And vice versa.
- 29:11Speaker 8: Again, there's no research that the two have to happen simultaneously,
- 29:15Speaker 8: but what it does tell us is about the level
- 29:18Speaker 8: of emotion that somebody is feeling. So when the level
- 29:22Speaker 8: of emotion is really high, you might see more tears
- 29:26Speaker 8: with the snot. Okay, So let's just clear that up
- 29:29Speaker 8: because sometimes I hear stuff and it really aggravates me
- 29:33Speaker 8: because I think it's a bunch of pseudoscience blowny. I
- 29:36Speaker 8: strictly go by what does the research say, and then
- 29:40Speaker 8: also assign it to what the context and their baseline
- 29:44Speaker 8: and their behavior at that exact moment.
- 29:48Speaker 1: What is face blocking, lip rolling and billboard eyebrows?
- 29:53Speaker 8: Okay, so billboard eyebrows is just a term that is
- 29:57Speaker 8: saying that your forehead is where we show a lot
- 30:01Speaker 8: of emotion. Okay, So it's not just there. It's actually
- 30:05Speaker 8: in your mouth too, so it's not.
- 30:06Speaker 9: Just the forehead.
- 30:07Speaker 8: So if they raise their eyebrows show fear the white
- 30:10Speaker 8: above the eyes, they might do a confirmation glance or
- 30:14Speaker 8: a surprise glance in the forehead, so you see the
- 30:16Speaker 8: eyebrows lift up. If somebody's feeling sadness, you see those
- 30:19Speaker 8: grief muscles and then this will pull up. So if
- 30:22Speaker 8: she's feeling sad that you may see that also if
- 30:25Speaker 8: the brows lower or pinched together, could be anger, could
- 30:28Speaker 8: be concentration, could be frustration. So you start to see
- 30:32Speaker 8: there's no one size fits off. There are different emotions
- 30:37Speaker 8: that a person's feeling. And then we also have what
- 30:38Speaker 8: we call complex emotions, so you can have an array
- 30:42Speaker 8: of emotions in the exact same moment. And I think
- 30:45Speaker 8: that's what we're seeing here is complex emotions.
- 30:49Speaker 1: To Peny commit joining us in vest Gaty Reporter WBZ,
- 30:53Speaker 1: CBS Boston. What of her behavior stands out? And do
- 31:01Speaker 1: you believe client seat will risk taking the stand?
- 31:06Speaker 7: Oh, Nanzia would be a highly surprised if she took
- 31:10Speaker 7: the stand. Her defense attorney is one of the most
- 31:13Speaker 7: well renowned best defense attorneys in Massachusetts. He has covered
- 31:17Speaker 7: so many high profile cases. His witness list is extensive.
- 31:22Speaker 7: He has so many people that he is ready to
- 31:25Speaker 7: have testify. I would be shocked if he would risk
- 31:29Speaker 7: her taking the stand with his level of expertise. But
- 31:33Speaker 7: never say never. It certainly happened before in criminal trials,
- 31:36Speaker 7: even here in Massachusetts. And when it comes to her
- 31:40Speaker 7: body language, when we heard from the medical examiner that
- 31:45Speaker 7: performed an autopsy on her youngest son, Callen, she was
- 31:49Speaker 7: crying so hard that you could hear it, not only
- 31:53Speaker 7: me sitting in the court room, but I have people
- 31:55Speaker 7: telling me they could hear it through the live stream.
- 31:57Speaker 7: She was wailing audibly, sobbing. Once a medical examiner was
- 32:02Speaker 7: done on the stand, the judge actually called a surprise break,
- 32:06Speaker 7: I assume because Lindsay Clancy was so beside herself and
- 32:09Speaker 7: she was wheeled out of the court room and we
- 32:11Speaker 7: didn't come back to testimony until maybe about fifteen twenty
- 32:13Speaker 7: minutes later.
- 32:14Speaker 1: From our friends at East Idaho News Straight Out Now
- 32:17Speaker 1: to Crime Stories, investigative reporter Dave Matt Dave, I would
- 32:23Speaker 1: say it's about fifty to fifty on the trials that
- 32:26Speaker 1: you and I have covered and the trials that I
- 32:28Speaker 1: investigated and prosecuted, which are now between that up in
- 32:32Speaker 1: the thousands. I very often see a killer break down
- 32:37Speaker 1: and cry. I'd never know if they're sorry they did her,
- 32:40Speaker 1: they're sorry they got caught. So she's seeing autopsy photos
- 32:44Speaker 1: offer three children and probably seeing them for the first time,
- 32:50Speaker 1: and it must be very upsetting to think they died
- 32:54Speaker 1: at her hand. So the sobbing and the crying and
- 33:00Speaker 1: hiding her face. I really don't know what to make
- 33:05Speaker 1: of that. Because they're dead. I don't care how much
- 33:09Speaker 1: she cries. Now they're dead and she did it, and
- 33:13Speaker 1: I'm only trying to find out was she in a
- 33:16Speaker 1: psychotic break at the time she did it. It's very difficult,
- 33:22Speaker 1: and we have to look at the truth. Whether that
- 33:26Speaker 1: makes us public enemy number one and we get more
- 33:29Speaker 1: death threats? What is the truth of it? I mean,
- 33:35Speaker 1: she clearly formed intent, Dave Max. She clearly formed intent
- 33:39Speaker 1: by sending her husband out and waiting for him to
- 33:41Speaker 1: be gone to murder the children. But can you form
- 33:46Speaker 1: intent when you're in psychosis? What else jumps out at you?
- 33:51Speaker 1: Specifically about the crying in court. The crying in.
- 33:55Speaker 5: Court makes perfectly good sense to me, because you know,
- 33:58Speaker 5: she is seeing these her children, and she's hearing about
- 34:02Speaker 5: what took place with them in terms of their autopsies,
- 34:05Speaker 5: and she's upset and crying because they are her children.
- 34:09Speaker 5: I don't think she's thinking of it while I did this.
- 34:12Speaker 5: I don't think that at all. I think she's like
- 34:13Speaker 5: upset because her children are on display for all the
- 34:16Speaker 5: world to see, and that you know they're gone. But Nancy,
- 34:19Speaker 5: I really have a lot of trouble with the fact
- 34:22Speaker 5: that we have a woman who weeks earlier checked herself
- 34:25Speaker 5: in for a psychiatric evaluation for a few days and
- 34:31Speaker 5: was so concerned about her well being that she did that.
- 34:33Speaker 5: But she also checked herself out without doctors wanting her
- 34:39Speaker 5: to do that. You know, she checked herself out and
- 34:41Speaker 5: then went on with her life. And you know, I
- 34:44Speaker 5: don't know psychosis, but I do know this. Those children
- 34:47Speaker 5: are dead at her hand, and she had enough wherewithal
- 34:50Speaker 5: to plan it out. So the fact that they're gone
- 34:56Speaker 5: and she's not leaves us with, well, what was her intent?
- 35:00Speaker 5: I mean, there were better ways for her to kill
- 35:01Speaker 5: herself that that was her goal, but ultimately she planned it,
- 35:05Speaker 5: she carried it out. And does it really matter, you know,
- 35:11Speaker 5: at a certain point in time, you know, I don't
- 35:13Speaker 5: think you get to play that well. I was in psychosis.
- 35:16Speaker 5: I'm sorry, Nancy. Three children are dead that shouldn't be
- 35:19Speaker 5: and she made sure the one person that could protect
- 35:21Speaker 5: them was far enough away from home that he couldn't
- 35:24Speaker 5: protect his children.
- 35:25Speaker 12: Is that you entering the store?
- 35:27Speaker 13: Yeah?
- 35:29Speaker 12: And that section you had to on the right, is
- 35:31Speaker 12: that the pediatric medication section?
- 35:34Speaker 13: Yeah?
- 35:35Speaker 12: Okay, And while you're in that section looking for the medication.
- 35:40Speaker 13: Do you do something. I called Lindsey And why did
- 35:45Speaker 13: you call Lindsay? Because what we were looking for wasn't there.
- 35:49Speaker 12: What did you do once you got inside the home?
- 35:54Speaker 13: I started taking my boots off.
- 35:56Speaker 11: Was there anything you noticed?
- 35:58Speaker 13: Yeah? The house is really quiet?
- 36:00Speaker 12: Was that unusual? And when you realized it was really quiet?
- 36:06Speaker 13: What did you do? I called out? And who did
- 36:11Speaker 13: you call out to? Everyone?
- 36:13Speaker 11: Did anyone answer?
- 36:14Speaker 13: No? I saw Cora and how did she look? She
- 36:23Speaker 13: had a band around her neck? And was that an
- 36:26Speaker 13: exercise band? Yeah?
- 36:29Speaker 12: And do you recall whether she was what position she
- 36:35Speaker 12: was in, whether face up or face down?
- 36:36Speaker 13: She's face down?
- 36:38Speaker 12: And when you saw her in that condition?
- 36:42Speaker 9: What did you do?
- 36:44Speaker 13: I immediately ran over and tried to take the band off.
- 36:46Speaker 12: Were you able to get the band off?
- 36:48Speaker 11: Yeah?
- 36:49Speaker 12: Was she responsive?
- 36:50Speaker 11: No?
- 36:51Speaker 13: I saw Callen and where was he? He was next
- 36:54Speaker 13: to her?
- 36:55Speaker 12: And how did he appear?
- 36:58Speaker 13: He had a band around his neck? Sorry, he had
- 37:01Speaker 13: a band around his neck? And did you remove that
- 37:03Speaker 13: as well? Yeah?
- 37:05Speaker 12: And do you recall what position he was in?
- 37:07Speaker 13: Same as Cora?
- 37:09Speaker 12: After you removed the band from callan snack?
- 37:14Speaker 13: What did you do next? I tried to find Dawson
- 37:17Speaker 13: and where did you go. I looked in the bathroom
- 37:22Speaker 13: and on the other side of the couch, and then
- 37:25Speaker 13: I went to the other side of the basement news
- 37:27Speaker 13: in my office.
- 37:29Speaker 12: And when you saw Dawson, what condition was he in?
- 37:35Speaker 13: I knew he was gone.
- 37:38Speaker 12: And did he also have a band around his neck?
- 37:40Speaker 13: Yeah?
- 37:41Speaker 9: And did you remove that band?
- 37:42Speaker 13: Yeah?
- 37:43Speaker 1: From our friends at East Idaho News straight out now
- 37:46Speaker 1: to Penny Commit joining US investigative reporter WBZ CBS Boston,
- 37:52Speaker 1: there has been a let me say for airwaves, a sandstorm,
- 38:01Speaker 1: a tempest, after the prosecutor in this case was caught
- 38:07Speaker 1: on a hot mic reportedly when Clancy was crying loudly
- 38:12Speaker 1: in court saying shut her up. Did that happen?
- 38:18Speaker 7: Well, this was probably the spiciest moment we have seen
- 38:22Speaker 7: throughout this trial. When defense attorney Kevin Ruddington brought this
- 38:26Speaker 7: up to the judge, the judge said, let's talk about
- 38:27Speaker 7: this sidebar. He goes, no, I want to talk about
- 38:29Speaker 7: this right now. Is a big moment, and he accused
- 38:32Speaker 7: the prosecutors of saying shut her up. As I mentioned earlier,
- 38:38Speaker 7: that medical examiner testified to the autopsy photos and Lindsay
- 38:41Speaker 7: Clancy was crying hysterically. When you go back and listen
- 38:45Speaker 7: to it, it's really hard to hear what they're actually saying.
- 38:49Speaker 7: We of course reached out to the courts asked what
- 38:51Speaker 7: their response.
- 38:52Speaker 13: To this is.
- 38:53Speaker 7: They said that they were telling the court clerks and
- 38:58Speaker 7: the court officers to shut it off, referring to the
- 39:02Speaker 7: photos of the autopsy that were on the screens for
- 39:06Speaker 7: the jurors. It's one of those things that when you
- 39:09Speaker 7: listen to it back, whatever you're listening for is kind
- 39:13Speaker 7: of what you hear. So it's not totally clear if
- 39:16Speaker 7: they said shut her up because she was crying, or
- 39:19Speaker 7: if they really did say shut it off. It's murky.
- 39:22Speaker 7: But the judge said he will not have any commentary
- 39:25Speaker 7: or disrespect in his courtroom. And then the trial moved on.
- 39:29Speaker 1: So the judge said he will not have disrespect in
- 39:33Speaker 1: his courtroom. I couldn't quite hear you what.
- 39:36Speaker 7: He seemed like he wanted to just lay the ground rules,
- 39:40Speaker 7: no extra commentary, no any frivolous chatter, and moved on
- 39:45Speaker 7: with the trial.
- 39:46Speaker 1: Guys, take a listen to what we're talking about in court. Okay,
- 40:01Speaker 1: I didn't hear it a sh so do we believe
- 40:06Speaker 1: that's what she said, yes or no? Straight out to
- 40:09Speaker 1: you miscommit.
- 40:11Speaker 7: Oh it's so hard to say. I mean, the prosecution
- 40:16Speaker 7: gave their rebuttal, the defense said made a scene of it. Regardless,
- 40:21Speaker 7: the defense is trying to stick up for his client.
- 40:24Speaker 1: So to doctor Leslie Dobson, joining us, star of a
- 40:28Speaker 1: new podcast on iHeart intentionally disturbing and author clinical forensic psychologist,
- 40:35Speaker 1: way in on what you're hearing.
- 40:38Speaker 9: I'm hearing a bunch of bullshit.
- 40:40Speaker 11: I mean, if you don't understand what psychosis is, you
- 40:42Speaker 11: shouldn't be speaking. I don't know what lawyer you had
- 40:44Speaker 11: call in, but if you know nothing about altruistic philicide,
- 40:48Speaker 11: you should not be commenting on this case. And she
- 40:51Speaker 11: did check herself into a hospital at three in the morning.
- 40:55Speaker 1: I beg your pardon. Do you think that people on
- 40:58Speaker 1: the jury stream a forensic clinical psychology degree like you do?
- 41:04Speaker 1: The lawyer that you're called in is joining us. He
- 41:08Speaker 1: is a veteran trial lawyer who wins cases in court
- 41:13Speaker 1: and does not mistake the legal standard of the law.
- 41:17Speaker 1: I never agree with him, but he knows what he's
- 41:20Speaker 1: talking about.
- 41:22Speaker 11: So no, he doesn't. He doesn't know what makes is.
- 41:24Speaker 2: Yes, he does.
- 41:27Speaker 11: He just said he didn't know what.
- 41:28Speaker 1: Well, that's not his expertise, but I can tell you
- 41:30Speaker 1: this much. He and I both know what a jury's
- 41:32Speaker 1: gonna do. Now, I'm asking you about psychosis. I'm not
- 41:35Speaker 1: asking you to trash Kessler. I never thought those words
- 41:39Speaker 1: would come out of my mouth, But go ahead.
- 41:42Speaker 11: There's a bunch of trashing all over the Internet of
- 41:44Speaker 11: this entire case, And the problem is that people are
- 41:46Speaker 11: not educated enough to.
- 41:47Speaker 1: Se I ask you about the Internet. No, I did not.
- 41:52Speaker 1: The Internet is very often assesspool, don't swim in it. Yes, psychosis, Oh,
- 42:00Speaker 1: I know the difference in postpartum psychosis and postpartum depression.
- 42:04Speaker 1: That is the key to this case. I'm not saying
- 42:07Speaker 1: she's guilty or innocent. I'm trying to find the truth,
- 42:11Speaker 1: and trashing the other guests and cursing is not helping
- 42:14Speaker 1: anything go ahead.
- 42:16Speaker 11: Postpartum psychosis is not the same as psychosis. Postpartum psychosis
- 42:21Speaker 11: is an extreme emergency where hormones are dropping out of
- 42:25Speaker 11: your body and you have weeks before you're going to
- 42:27Speaker 11: do something so drastically kill your children. If you got
- 42:31Speaker 11: shot in the stomach, you'd be in the emergency room
- 42:33Speaker 11: and you wouldn't check yourself out because you had a
- 42:35Speaker 11: horrible doctor. It's the same thing. She was not taken seriously,
- 42:40Speaker 11: and she was trying to find help. Repeatedly, she had
- 42:43Speaker 11: intrusive thoughts of hurting herself and her children. They moved
- 42:46Speaker 11: into auditory command, hallucinations and delusions, and it ended in
- 42:50Speaker 11: an altruistic philicide where she thought that she was saving
- 42:53Speaker 11: the lives of her children by killing them. It was
- 42:56Speaker 11: a failure of the system and education and knowledge all
- 43:00Speaker 11: in everyone, including her husband.
- 43:03Speaker 1: Doctor Leslie Dobson. At any juncture did she state she
- 43:11Speaker 1: thought she was saving the children by.
- 43:15Speaker 11: Killing She said, go with God.
- 43:17Speaker 1: I've heard that from other moms that kill their children.
- 43:22Speaker 11: She said go with God in quotes in her civil lawsuit.
- 43:28Speaker 1: Okay, at a repeat, At any juncture did she state
- 43:33Speaker 1: by killing her children she thought she was saving them.
- 43:37Speaker 11: Yes, she has spelled it out in her civil complaint
- 43:40Speaker 11: as well as the three evaluators who met with her.
- 43:45Speaker 1: She said those words, I felt, that's my way of
- 43:48Speaker 1: saving them.
- 43:49Speaker 11: Words to that effect, not the exact words of saving them,
- 43:54Speaker 11: but it was a belief. She described a belief that
- 43:57Speaker 11: they were that she had to save them and protect
- 44:01Speaker 11: them by killing them and then killing herself. If she
- 44:04Speaker 11: didn't kill herself, she wouldn't be able to then protect them.
- 44:07Speaker 11: It's psychotic, delusional thinking.
- 44:10Speaker 1: The difference in this case in many other cases is
- 44:15Speaker 1: that she tried to slit her wrists and she jumped
- 44:19Speaker 1: out of a window, which indicates she was trying to
- 44:23Speaker 1: kill herself. Very often we see killers claim I wanted
- 44:29Speaker 1: to commit suicide. Everybody else around them and some dead
- 44:31Speaker 1: and they're perfectly fine. Not in this case, Susan Constantine.
- 44:37Speaker 1: This is a concern to me. Women are judged differently
- 44:41Speaker 1: in court. The fact that some may consider her a
- 44:46Speaker 1: bad mom is going to weigh against her. They're held
- 44:50Speaker 1: to a different higher standard when it comes to their children.
- 44:54Speaker 1: On the other hand, Susan, in cases you got three
- 44:59Speaker 1: child ldren dead that suffered a horrible death, people search
- 45:04Speaker 1: for a motive, which is not required under the law. Translation.
- 45:09Speaker 1: It's really hard to convict a mother, even if she
- 45:12Speaker 1: is guilty.
- 45:15Speaker 8: Yeah, so that's a really hard thing for the jurors
- 45:18Speaker 8: to decide. So for the defense, we're looking for someone
- 45:21Speaker 8: that kind of falls in that gray area, you know,
- 45:24Speaker 8: where they see that she may have had mental illness,
- 45:28Speaker 8: right but then again, did she actually plan it?
- 45:33Speaker 13: So?
- 45:33Speaker 9: Then was she cognitive? Was she aware?
- 45:36Speaker 8: These are the questions that the jury is going to
- 45:38Speaker 8: be asking because not only not just because she had
- 45:41Speaker 8: mental illness equates to killing your children. There's going to
- 45:44Speaker 8: be women that are on that jury that are saying, well, yeah,
- 45:47Speaker 8: I had depression. I had a friend that we had depression,
- 45:49Speaker 8: but they didn't kill their three kids. So and kind
- 45:53Speaker 8: of going back to this is, you know, I was
- 45:55Speaker 8: trained by nord Revis, who actually selected the jury for
- 45:58Speaker 8: the Andery Yeates case. Much different case, even though it's
- 46:01Speaker 8: very similar, because it was really grounded that she was
- 46:06Speaker 8: in psychosis. Okay, right here, we've got ambiguity, and that's
- 46:11Speaker 8: exactly what the defense wants. So on the state side,
- 46:15Speaker 8: can you have planned it out and still have mental illness?
- 46:19Speaker 8: And are they accountable for it? That's what they're going
- 46:22Speaker 8: to be weighing back and forth. But I don't think
- 46:24Speaker 8: that by having women on the jury is going to
- 46:26Speaker 8: gain any more sympathy. In fact, it could even be harsher.
- 46:30Speaker 1: You know, Kessler, first of all, can you believe I
- 46:33Speaker 1: had to defend you on public airwaves and against a
- 46:37Speaker 1: renowned expert to who knows so much more than you
- 46:40Speaker 1: and I put together. That's much Kessler. Have you ever
- 46:45Speaker 1: noticed that women on juries can be harsher on a
- 46:48Speaker 1: female defendant. You know what, I think that Constantine is
- 46:54Speaker 1: right because they put themselves in those shoes, and they
- 46:58Speaker 1: remember how exhausted they were raising their children when they
- 47:04Speaker 1: didn't sleep all night, especially if you have twins and
- 47:06Speaker 1: one gets up at twelve, thirty one gets up at one, thirty,
- 47:09Speaker 1: one gets up at three, thirty one gets up at five,
- 47:11Speaker 1: and everybody's up every single night for basically two years,
- 47:16Speaker 1: and they think I didn't kill my children. Or on
- 47:20Speaker 1: the other hand, it could work the other way. Just
- 47:22Speaker 1: this this case is very, very conflicting with the evidence.
- 47:28Speaker 1: But I know you're about to give one h double
- 47:30Speaker 1: l of a closing argument, so have at it all right.
- 47:33Speaker 6: I think women are always harsher on women in every situation.
- 47:36Speaker 6: We do a lot of divorce jury trials here in Georgia,
- 47:39Speaker 6: and a lot of women on the jury say, I
- 47:40Speaker 6: don't get that much in my divorce. Why should she
- 47:42Speaker 6: get that much? I'm making it on my own. Women
- 47:44Speaker 6: are much more competitive. Men stick together, and there's a
- 47:47Speaker 6: reason psychologists are psychologists and lawyers or lawyers, I can
- 47:51Speaker 6: guarantee that psychologist you had on that the jury is
- 47:53Speaker 6: not going to go back into the deliberation room and
- 47:55Speaker 6: deliberate and discuss the nuances of psychosis and all sorts
- 47:59Speaker 6: of psychological terms. They're going to ask the question this,
- 48:03Speaker 6: did she do it because it was premeditated? Or why
- 48:06Speaker 6: did she do it? And their answer is going to
- 48:07Speaker 6: be much less intellectual than the psychologists wants you to believe.
- 48:10Speaker 6: Their answer is going to be she did it because
- 48:13Speaker 6: she was crazy, or she was some other lay term
- 48:16Speaker 6: that lay people like lay drawers, are going to use.
- 48:19Speaker 6: That's the only question, and as a lawyer, that's what
- 48:21Speaker 6: I need them to think. I don't need them to
- 48:23Speaker 6: understand the detailed nuances of this psychosis and that psychosis
- 48:26Speaker 6: post part of psychosists. I need them to say, either
- 48:29Speaker 6: she did it because she pre planned it and she's
- 48:31Speaker 6: a murderer, or she did it because she had some
- 48:34Speaker 6: mental deficiency, and I want to let her off the
- 48:36Speaker 6: hook because I think she did it when she was crazy,
- 48:39Speaker 6: and that's a lay term, it's not a psychological term.
- 48:42Speaker 6: So absolutely, I'm going to be a lawyer and the
- 48:45Speaker 6: psychologists can be psychologists. But you're right, Nancy, since she
- 48:48Speaker 6: told me I was right, You're right. Women are tougher
- 48:51Speaker 6: on women almost every day in every jury trial.
- 48:55Speaker 1: And to doctor Leslie Dobson, you have stated that you
- 48:59Speaker 1: feel we are mishandling postpartum psychosis as if we were
- 49:06Speaker 1: quote back in the sixties. I think I know what
- 49:09Speaker 1: you mean by that, but again it's your expertise, not mine.
- 49:12Speaker 1: What did you mean by like we're back in the sixties?
- 49:16Speaker 1: What does that mean?
- 49:18Speaker 11: I made that comment particularly when the prosecution asked the
- 49:22Speaker 11: psychiatrist if Lindy Clancy had seen a unicorn in the corner.
- 49:27Speaker 11: To think that psychosis is seeing unicorns is not only
- 49:31Speaker 11: mocking but minimizing the severity of mental illness and our
- 49:35Speaker 11: education and understanding of it today and in particular, and
- 49:38Speaker 11: again I do not agree with the attorney that you've
- 49:41Speaker 11: had on They need to understand, the jury needs to
- 49:43Speaker 11: understand the nuance between postpartum psychosis and psychosis. It's not
- 49:49Speaker 11: just crazy. It's very different. It's worse than being just crazy.
- 49:55Speaker 1: The evidence very conflicting. I as normal of the victims
- 50:00Speaker 1: in this case, who had no say in the matter
- 50:03Speaker 1: and died a horrible death at the hands of the
- 50:07Speaker 1: one person that is supposed to defend them. No matter
- 50:13Speaker 1: what what is the answer, that jury will very shortly
- 50:18Speaker 1: begin deliberations as we wait to find out if Clancy
- 50:23Speaker 1: takes the stand. If you know or think you know
- 50:26Speaker 1: anything regarding this case, please dial seven eight one nine
- 50:30Speaker 1: three four, five, six five six repeat seven eighty one, nine, three, four, five,
- 50:36Speaker 1: six five six. We remember American hero Deputy Shriff Carol Scruggs,
- 50:41Speaker 1: Marshall County Sheriff's, Mississippi, killed in the line of duty,
- 50:46Speaker 1: leaving behind four children without their mother. American hero Deputy
- 50:53Speaker 1: Sheriff Carol Scrugs. Thank you to our guest, but especially
- 50:58Speaker 1: to you for being with us tonight and every night.
- 51:02Speaker 1: Nancy Gray signing off for tonight, but I'll see you
- 51:04Speaker 1: tomorrow night and until then, good night friend.
- 51:12Speaker 3: H