Bailiff (01:04):
Court, all rise. Jurors enter. This court's now in session. Please be seated.
Court Clerk (01:07):
Your Honor, for the purpose of the record, we return back to the trial of Commonwealth versus Lindsay Clancy. All parties are present, including the defendant and including all 18 jurors.
Judge (01:15):
All Right. Thank you, Madam Clerk. Members of the jury, we're now going to return, as I told you before, to the Commonwealth's case and I'll ask the Commonwealth to call their next witness.
Ms. Buckingham (01:25):
The Commonwealth would call Mark Anthony Maffeo to the stand.
Kevin Reddington (01:39):
While we're waiting, Your Honor, just for the record, same objection and standing objection so that keeps ...
Bailiff (01:43):
Good morning, sir.
Mark Anthony Maffeo (01:43):
Good morning.
Bailiff (01:43):
Can you stop right here, raise your right hand?
Court Clerk (01:51):
Good morning. Do you solemnly swear that the testimony and the evidence you shall [inaudible 00:01:52] between the Commonwealth and the [inaudible 00:01:52] shall be the truth, the whole truth, and nothing but the truth, so help you God?
Mark Anthony Maffeo (01:51):
I do.
Court Clerk (01:51):
Thank you, sir. You may have a seat.
Bailiff (01:51):
Watch your step, please.
Mark Anthony Maffeo (01:51):
Thanks.
Judge (01:51):
All right. Good morning, sir.
Mark Anthony Maffeo (01:51):
Good morning, Your Honor.
Judge (01:51):
All right. Attorney Buckingham, please.
Ms. Buckingham (02:06):
Thank you. Good morning, sir.
Mark Anthony Maffeo (02:08):
Good morning.
Ms. Buckingham (02:09):
Could you please tell the jury your first and last name, please?
Mark Anthony Maffeo (02:12):
Yes. Mark Anthony Maffeo.
Ms. Buckingham (02:13):
And how about spelling your last name for the purpose of the record?
Mark Anthony Maffeo (02:16):
M-A-F-F-E-O.
Ms. Buckingham (02:19):
And where are you employed, sir?
Mark Anthony Maffeo (02:20):
Duxbury Police Department.
Ms. Buckingham (02:22):
How long have you been a police officer?
Mark Anthony Maffeo (02:25):
12 years.
Ms. Buckingham (02:26):
And has your career been with the Duxbury Department or did you work anywhere else?
Mark Anthony Maffeo (02:30):
I worked in Rockland and Cohasset prior to Duxbury.
Ms. Buckingham (02:34):
So how long have you been at Duxbury Police?
Mark Anthony Maffeo (02:35):
Nine years.
Ms. Buckingham (02:36):
Nine?
Mark Anthony Maffeo (02:36):
Yes.
Ms. Buckingham (02:37):
What's your current rank or assignment at the Duxbury Police Department?
Mark Anthony Maffeo (02:39):
Patrol Sergeant.
Ms. Buckingham (02:41):
And I'm going to draw your attention back to January of 2023. What was your assignment then?
Mark Anthony Maffeo (02:46):
Detective.
Ms. Buckingham (02:48):
Were you working on January 24th of 2023?
Mark Anthony Maffeo (02:54):
I was not. I was called into work.
Ms. Buckingham (02:55):
Okay. So who contacted you?
Mark Anthony Maffeo (02:57):
At the time, it was Detective Sergeant Jamali.
Ms. Buckingham (03:00):
And is that the normal course in Duxbury, when a larger incident or investigation occurs, that sometimes you'd be called in to work a scene if you're not on shift?
Mark Anthony Maffeo (03:12):
Yes.
Ms. Buckingham (03:12):
And Detective Jamali, where did he tell you to go?
Mark Anthony Maffeo (03:19):
Initially was reported, I believe, it was 42 Summer Street in Duxbury.
Ms. Buckingham (03:24):
And so do you recall if you went to that location?
Mark Anthony Maffeo (03:27):
I did.
Ms. Buckingham (03:27):
When you arrived there, was the scene still active, meaning there were still kind of ambulances and everything on scene?
Mark Anthony Maffeo (03:34):
Yes.
Ms. Buckingham (03:35):
Did you go into the house?
Mark Anthony Maffeo (03:37):
Not at that time, no.
Ms. Buckingham (03:38):
Were you advised, when you arrived on scene, that one of the parties was being sent to the South Shore Hospital?
Mark Anthony Maffeo (03:44):
Yes.
Ms. Buckingham (03:45):
And so, as a result of that information, what did you do?
Mark Anthony Maffeo (03:48):
I was then tasked with going down to South Shore Hospital.
Ms. Buckingham (03:52):
Now, when you went to South Shore Hospital, did you know the party that was going to be transported there?
Mark Anthony Maffeo (03:57):
Yes.
Ms. Buckingham (03:58):
Who was the party that you were going to meet?
Mark Anthony Maffeo (04:00):
I was advised it was one of the homeowners, Lindsey Clancy.
Ms. Buckingham (04:04):
And you later became aware that the home at 47 Summer Street was the home of Patrick and Lindsay Clancy, correct?
Mark Anthony Maffeo (04:11):
That's correct.
Ms. Buckingham (04:12):
And again, you were also later made aware that they had the three children?
Mark Anthony Maffeo (04:16):
Correct.
Ms. Buckingham (04:17):
Were you advised of where the three children were?
Mark Anthony Maffeo (04:20):
Yes.
Ms. Buckingham (04:21):
And how about the husband? Were you advised of where Patrick Clancy was?
Mark Anthony Maffeo (04:23):
I was.
Ms. Buckingham (04:25):
As far as the people transported to South Shore Hospital, you came to learn that only Lindsay Clancy was sent to that location, correct?
Mark Anthony Maffeo (04:32):
That's correct.
Ms. Buckingham (04:32):
Did you expect somebody else to be arriving there?
Mark Anthony Maffeo (04:35):
Initially, before I had left the residence, it was a little bit of confusion. They thought that the husband was also being transported to South Shore.
Ms. Buckingham (04:43):
And, at some point, were you later advised that that ambulance was turned around and sent to Beth Israel in Plymouth?
Mark Anthony Maffeo (04:48):
Correct.
Ms. Buckingham (04:49):
So when you were at the South Shore Hospital, did you have an opportunity to observe Lindsay Clancy?
Mark Anthony Maffeo (04:55):
I did.
Ms. Buckingham (04:56):
In what condition was she when you observed her at South Shore Hospital?
Mark Anthony Maffeo (05:00):
She appeared sedated and unconscious with several lacerations to her arms and neck.
Ms. Buckingham (05:06):
Okay.
Kevin Reddington (05:24):
I have no objection to the photographs, Your Honor.
Ms. Buckingham (05:27):
May I approach the witness?
Judge (05:28):
You may.
Ms. Buckingham (05:28):
I'm going to show you four photographs real quick.
Mark Anthony Maffeo (05:28):
Okay.
Ms. Buckingham (05:28):
If you could take a look at those.
Mark Anthony Maffeo (05:48):
Yep.
Ms. Buckingham (05:48):
Do you recognize the individual in these photographs?
Mark Anthony Maffeo (05:50):
I do.
Ms. Buckingham (05:51):
And were you present when these photographs were taken?
Mark Anthony Maffeo (05:53):
I don't recall.
Ms. Buckingham (05:54):
As far as the condition that the person in these photographs was in, do you recall this to be a fair and accurate representation of what she looked like?
Mark Anthony Maffeo (06:02):
Yes.
Ms. Buckingham (06:02):
I would ask to admit these as the next four exhibits.
Judge (06:04):
All right. Those may be admitted.
Court Reporter (06:30):
Exhibits 110 through 113.
Ms. Buckingham (06:34):
Sir, if I could just draw your attention to the screen beside you. I'm showing you now what's been marked as Exhibit 110. And who was the individual depicted in this photograph?
Mark Anthony Maffeo (06:43):
Lindsay Clancy.
Ms. Buckingham (06:44):
And those are the injuries that you observed that day of her on her neck?
Mark Anthony Maffeo (06:48):
Correct.
Ms. Buckingham (06:49):
And showing you on the screen what's been marked as Exhibit number 111. Again, is that Lindsay Clancy?
Mark Anthony Maffeo (06:54):
Yes.
Ms. Buckingham (06:56):
And the injuries that you observed on January 24th on her neck?
Mark Anthony Maffeo (06:59):
Correct.
Ms. Buckingham (07:00):
And 112, Exhibit 112. In the middle of this photograph with an arm extended, there are some cuts and a cut in the middle. Did you observe those on January 24th as well?
Mark Anthony Maffeo (07:14):
I did.
Ms. Buckingham (07:15):
And finally, Exhibit 113. That would be the other arm. Did you observe those cuts to that arm?
Mark Anthony Maffeo (07:22):
Yes.
Ms. Buckingham (07:36):
Now, in addition to observing her at South Shore Hospital, did you do anything to collect potential evidence that day?
Mark Anthony Maffeo (07:47):
I did.
Ms. Buckingham (07:48):
And what did you do?
Mark Anthony Maffeo (07:49):
I gathered, I believe they were already had been removed from the hospital staff. Clothing, pants, shirt. I believe it was a scarf and wedding bands.
Ms. Buckingham (08:06):
May I approach again?
Judge (08:06):
You may.
Ms. Buckingham (08:07):
I'm just going to show you seven photographs.
Mark Anthony Maffeo (08:18):
Thank you.
Ms. Buckingham (08:19):
If you could take a look at those. Are these seven photographs familiar to you? Are the items depicted in these photographs familiar?
Mark Anthony Maffeo (08:45):
Yes.
Ms. Buckingham (08:46):
I'd move to admit these as the next exhibits, please.
Judge (08:48):
Any objection?
Kevin Reddington (08:50):
I have no objection to any of the photographs.
Judge (08:52):
They may be admitted.
Court Reporter (08:52):
Exhibits 117 through 120.
Ms. Buckingham (08:53):
It should be 114. Seven.
Court Reporter (09:44):
[Inaudible 00:09:46].
Ms. Buckingham (09:45):
Thank you.
Judge (09:51):
Thank you, Madam Reporter.
Ms. Buckingham (09:54):
Now, sir, the items that you then collected, you said that they were provided to you. Who gave them to you?
Mark Anthony Maffeo (10:01):
It was one of the hospital staff.
Ms. Buckingham (10:03):
And so, in examining those, you would agree that those items had been cut off of the individual?
Mark Anthony Maffeo (10:10):
Correct.
Ms. Buckingham (10:12):
And so, after taking custody of those particular items, did other law enforcement arrive at South Shore Hospital?
Mark Anthony Maffeo (10:18):
Yes.
Ms. Buckingham (10:19):
And who arrived?
Mark Anthony Maffeo (10:21):
Trooper Lawlor from the Mass State Police and Officer Lippard from the Duxbury Police.
Ms. Buckingham (10:25):
And again, you had been at the scene at 47 Summer Street, correct?
Mark Anthony Maffeo (10:29):
Correct.
Ms. Buckingham (10:30):
And then you went to South Shore Hospital. Were other members of the Duxbury Department at the Summer Street address and at other locations during the time you were at the hospital?
Mark Anthony Maffeo (10:39):
I would believe so, but I'm not positive.
Ms. Buckingham (10:44):
And were you aware that the state police had become involved in this case?
Mark Anthony Maffeo (10:47):
Yes.
Ms. Buckingham (10:48):
And based on your experience as a Duxbury officer, do you sometimes work in tandem with the state police on certain types of investigations?
Mark Anthony Maffeo (10:55):
We do.
Ms. Buckingham (10:56):
And so when Trooper Lawlor arrived at the hospital, did you turn over these items to him?
Mark Anthony Maffeo (11:03):
I did.
Ms. Buckingham (11:03):
Now in the time that you were at the South Shore Hospital, did you have the opportunity to speak, at all, with Lindsay Clancy?
Mark Anthony Maffeo (11:08):
No.
Ms. Buckingham (11:08):
In the time that you observed her, was she responsive at all?
Mark Anthony Maffeo (11:12):
No.
Ms. Buckingham (11:14):
Was she in custody at that point?
Mark Anthony Maffeo (11:19):
I would say yes.
Ms. Buckingham (11:21):
Well, let me ask you this. As far as when a person is placed in custody, you usually advise them that they are, correct?
Mark Anthony Maffeo (11:28):
Correct.
Kevin Reddington (11:28):
I don't hear him saying that he's not sure. His answer was yes.
Judge (11:31):
All right.
Kevin Reddington (11:31):
I understand what the government-
Judge (11:31):
Sustained.
Ms. Buckingham (11:38):
When your department has somebody in custody, is it protocol to have an officer stay with that individual?
Mark Anthony Maffeo (11:43):
Yes.
Ms. Buckingham (11:44):
And in this case, was somebody assigned to stay with Lindsay Clancy?
Mark Anthony Maffeo (11:47):
Yes.
Ms. Buckingham (11:48):
At the time you were at the hospital, was that your role?
Mark Anthony Maffeo (11:52):
Yes.
Ms. Buckingham (11:53):
At some point, did someone else from your department come to keep watch?
Mark Anthony Maffeo (11:56):
Yes.
Ms. Buckingham (11:56):
Who was that person?
Mark Anthony Maffeo (11:59):
I believe it was Officer Lippard. I know Officer Broderick was also assisting. I can't recall if he arrived at the hospital as well.
Ms. Buckingham (12:05):
Okay. But you recall Officer Lippard?
Mark Anthony Maffeo (12:07):
Yes.
Ms. Buckingham (12:08):
And once the scene was secured at South Shore Hospital, did you leave?
Mark Anthony Maffeo (12:14):
I did.
Ms. Buckingham (12:14):
And where did you go?
Mark Anthony Maffeo (12:15):
Back to the address in Duxbury.
Ms. Buckingham (12:17):
And that would be 47 Summer Street, correct?
Mark Anthony Maffeo (12:19):
Correct.
Ms. Buckingham (12:19):
I think you might have said 42 at one point.
Mark Anthony Maffeo (12:21):
You're right. Yep. 47 Summer.
Ms. Buckingham (12:24):
And at the residence at 47 Summer Street, did you assist other Duxbury officers in securing the scene upon the arrival of the crime scene services?
Mark Anthony Maffeo (12:34):
Yes.
Ms. Buckingham (12:36):
Were you present when the Massachusetts State Police Detectives Unit executed a search warrant at 47 Summer Street?
Mark Anthony Maffeo (12:41):
I was.
Ms. Buckingham (12:42):
And was that kind of later that night into the early morning hours of the 25th?
Mark Anthony Maffeo (12:46):
Yes.
Ms. Buckingham (12:49):
I have no further questions.
Judge (12:50):
All right.
Ms. Buckingham (12:51):
Thank you.
Judge (12:51):
Counsel?
Kevin Reddington (13:06):
Donna, could I see the exhibits that were just introduced? I'm sorry. [inaudible 00:13:10] Morning.
Mark Anthony Maffeo (13:22):
Good morning.
Kevin Reddington (13:24):
I've got a couple of other photographs that I'd like to just, since you were at the hospital at South Shore, if I could.
Mark Anthony Maffeo (13:31):
Sure.
Kevin Reddington (13:34):
Is that what Lindsay's condition was when you went in the hospital and saw her laying on the bed?
Mark Anthony Maffeo (13:40):
I don't recall those being on her legs, but I'm not 100% sure, but other than that, yes.
Kevin Reddington (13:46):
Other than that, yes?
Mark Anthony Maffeo (13:46):
Correct.
Kevin Reddington (13:48):
So I would offer that, Your Honor, if I could.
Judge (13:49):
Any objection?
Ms. Buckingham (13:54):
May we approach?
Judge (13:54):
Sure. Yeah. All right, that may be admitted.
Kevin Reddington (14:02):
[inaudible 00:14:03] can introduce [inaudible 00:14:06] a one rather than.
Judge (14:07):
Sure. Yeah, if you want to do that.
Kevin Reddington (14:12):
You, at some point, had a chance to take a look at her face, I imagine, sir.
Mark Anthony Maffeo (14:16):
Correct.
Kevin Reddington (14:18):
Is that a fair and accurate depiction?
Mark Anthony Maffeo (14:22):
Yes.
Kevin Reddington (14:22):
And she was unconscious at that point, was she not?
Mark Anthony Maffeo (14:24):
That's correct.
Kevin Reddington (14:25):
How about for this [inaudible 00:14:26]?
Judge (14:27):
All right, that may be admitted.
Kevin Reddington (14:28):
And you said that there was some cuts on her wrist.
Mark Anthony Maffeo (14:33):
Yes, sir.
Kevin Reddington (14:33):
Fair and accurate depiction?
Mark Anthony Maffeo (14:34):
Correct.
Kevin Reddington (14:38):
And cuts on the neck, as well?
Mark Anthony Maffeo (14:41):
Correct.
Kevin Reddington (14:41):
And from the other side or from the front?
Mark Anthony Maffeo (14:47):
Yes.
Kevin Reddington (14:47):
Okay. Thank you, Judge. [inaudible 00:14:50].
Judge (14:51):
All right. All right. Those photos may be admitted.
Court Reporter (14:52):
[inaudible 00:15:14].
Kevin Reddington (15:17):
Thank you. And I'm just showing you another exhibit. This would have already been introduced into evidence, and this would be Exhibit 112. And this would also depict the area of the wrist. Is that correct?
Mark Anthony Maffeo (15:34):
Correct.
Kevin Reddington (15:34):
The cut was ... likewise, Exhibit 111 also shows the cuts on the neck. Is that correct?
Mark Anthony Maffeo (15:45):
Correct.
Kevin Reddington (15:59):
Now, when you went to the house, you were a detective at this point, correct?
Mark Anthony Maffeo (16:02):
Correct.
Kevin Reddington (16:00):
The house, you were a detective at this point, correct?
Mark Anthony Maffeo (16:02):
Correct.
Kevin Reddington (16:04):
And obviously you're working in tandem at this time with the State Police. They were also investigating, right?
Mark Anthony Maffeo (16:09):
Correct.
Kevin Reddington (16:11):
But you were the detective for the town of Duxbury?
Mark Anthony Maffeo (16:14):
One of them, yes.
Kevin Reddington (16:15):
One of them. Okay. And one of the things counsel had asked you about was the clothing that Lindsay was wearing and it was cut off, right?
Mark Anthony Maffeo (16:25):
Correct.
Kevin Reddington (16:26):
So I'm just going to show you and ask if this appears to be a fair and accurate depiction, rendition of, for example, one of her items of clothing?
Mark Anthony Maffeo (16:37):
Yes.
Kevin Reddington (16:39):
Okay. Well, I don't know that, so I'm just going to just make sure it's him, that's all. Does that show that there's blood on that item of clothing?
Mark Anthony Maffeo (16:50):
Not that I see.
Kevin Reddington (16:52):
Okay. Was there some type of residue, of paint or something on the clothing, if you recall?
Mark Anthony Maffeo (17:02):
I don't recall, no.
Kevin Reddington (17:03):
No. Did you notice on the pants any blood on the jeans? If you recall.
Mark Anthony Maffeo (17:18):
I don't recall, no.
Kevin Reddington (17:21):
How about the, I guess it would be the top that was worn. Did you notice any blood on that?
Mark Anthony Maffeo (17:27):
No.
Kevin Reddington (17:27):
Was there a bra that was cut off, if you recall, sir?
Mark Anthony Maffeo (17:30):
Yes, there was.
Kevin Reddington (17:31):
And the blood seeped through the clothing into the bra itself, is that correct?
Mark Anthony Maffeo (17:36):
Correct.
Kevin Reddington (17:37):
And that would be obviously from outside the clothing and then into the bra that was being worn, right?
Mark Anthony Maffeo (17:42):
Correct.
Kevin Reddington (17:48):
I would offer these, Judge.
Judge Sullivan (17:49):
Any objection?
Ms. Buckingham (17:51):
They're already in evidence. They've been marked, so I don't see that it's necessary to mark them again. They're the same photographs.
Kevin Reddington (17:57):
Well, I'll trust that the representation they're in evidence. I don't want to [inaudible 00:18:02] the court.
Judge Sullivan (18:00):
All right.
Kevin Reddington (18:03):
So if they're already in evidence, then that's good enough for me.
Ms. Buckingham (18:05):
I just admitted them through Sergeant Murphy.
Kevin Reddington (18:08):
But the bottom line is that you do agree that there was certainly blood on the interior and exterior clothing that she was wearing, right?
Mark Anthony Maffeo (18:18):
That's correct.
Kevin Reddington (18:19):
You'd also agree, sir, that there was blood in the area from the outside of the backyard directly underneath the window. Is that correct? Would you agree with that if you remember looking at it?
Mark Anthony Maffeo (18:30):
That is correct.
Kevin Reddington (18:41):
The ground, the snow, and the leaves that were underneath, of course there were a lot of people walking around, but you could see the blood-
Mark Anthony Maffeo (18:47):
Correct.
Kevin Reddington (18:48):
... directly underneath the window, right?
Mark Anthony Maffeo (18:50):
The back window.
Kevin Reddington (18:50):
You noticed blood that was on the window sill itself on the second floor, one hand... one mark on that window ledge?
Mark Anthony Maffeo (18:59):
Yes.
Kevin Reddington (19:00):
You also noted blood that at some point had gone onto the two shingles that were in the area underneath that ledge, underneath that window, right?
Mark Anthony Maffeo (19:10):
Correct.
Kevin Reddington (19:13):
I'd offer the blood on the floor on the ground with the EMT documents.
Ms. Buckingham (19:17):
No objection.
Judge Sullivan (19:18):
All right. That may be admitted.
Richard Lippard (19:19):
Exhibit 126.
Kevin Reddington (19:23):
Thank you. Now, the State Police went and got a search warrant, right?
Mark Anthony Maffeo (19:33):
Correct.
Kevin Reddington (19:34):
And you were there when they were searching?
Mark Anthony Maffeo (19:36):
Correct.
Kevin Reddington (19:37):
You guys were helping out. Obviously it was a group effort to search the house for relevant or material evidence, right?
Mark Anthony Maffeo (19:44):
Correct.
Kevin Reddington (19:44):
Now, one of the things that was seized were pill bottles. Is that right?
Mark Anthony Maffeo (19:49):
Correct.
Kevin Reddington (19:49):
Do you know why they were seized?
Mark Anthony Maffeo (19:51):
I do not.
Kevin Reddington (19:52):
Did you seize any pill bottles?
Mark Anthony Maffeo (19:54):
I did not.
Kevin Reddington (19:54):
Were you there when the State Police seized the pill bottles?
Mark Anthony Maffeo (19:57):
I was.
Kevin Reddington (19:58):
Do you recall that the pill bottles were seized from, for example, in the kitchen, you opened up a cabinet and they were right on... A bunch of them lined up on a shelf.
Mark Anthony Maffeo (20:07):
I can't attest to that. I wasn't present for that.
Kevin Reddington (20:10):
Why don't I ask you this? Where did they get the pill bottles from?
Mark Anthony Maffeo (20:12):
You'd have to ask them. I wasn't there when they seized the bottles.
Kevin Reddington (20:16):
You weren't there when they seized-
Mark Anthony Maffeo (20:17):
I wasn't in that room. We were in multiple rooms at a time.
Kevin Reddington (20:21):
So I may stand corrected. I'm sorry. I thought I asked you if you were there when the State Police were seizing the bottles, and I thought you said you were.
Mark Anthony Maffeo (20:27):
I was in the house, correct.
Kevin Reddington (20:28):
In the house?
Mark Anthony Maffeo (20:29):
Yes.
Kevin Reddington (20:29):
But you weren't there when they were seizing anything?
Mark Anthony Maffeo (20:31):
Correct.
Kevin Reddington (20:32):
How about up in the bedroom? Did you go up in the bedroom?
Mark Anthony Maffeo (20:34):
I did.
Kevin Reddington (20:34):
Did you observe the blood on the floor?
Mark Anthony Maffeo (20:36):
I did.
Kevin Reddington (20:44):
You observed when you went in the bedroom, it was very cold, right?
Mark Anthony Maffeo (20:47):
Yes.
Kevin Reddington (20:48):
Okay. Because the window was open, right?
Mark Anthony Maffeo (20:49):
Correct.
Kevin Reddington (20:50):
And when you went into the bedroom, you made observations as a detective of certain items such as? Does this appear to be a fair, accurate rendition of the blood drops on the floor?
Mark Anthony Maffeo (21:07):
It does.
Kevin Reddington (21:07):
In the bedroom?
Mark Anthony Maffeo (21:08):
Yes.
Kevin Reddington (21:09):
Is this a indication of the bed itself, the right side of the bed, additional blood that was located on the floor next to the boots?
Mark Anthony Maffeo (21:20):
Yes.
Kevin Reddington (21:26):
Does this appear to be the nightstand that was next to the bed?
Mark Anthony Maffeo (21:29):
It does.
Kevin Reddington (21:30):
And do you see what's on top of the nightstand?
Mark Anthony Maffeo (21:32):
Yes.
Kevin Reddington (21:32):
But what's on top of the nightstand?
Mark Anthony Maffeo (21:34):
There's two cups, a knife, it looks like a jar of something, and maybe a clock.
Kevin Reddington (21:38):
Okay. Also blood drops?
Mark Anthony Maffeo (21:39):
Correct.
Kevin Reddington (21:48):
This is an additional photograph moving farther down towards the right side of the bed?
Mark Anthony Maffeo (21:53):
Correct.
Kevin Reddington (21:57):
This is a closeup of the knife that was on the nightstand as well as the little cup that was there and something that says deep sleep pillow spray. Do you see that?
Mark Anthony Maffeo (22:08):
Yep.
Kevin Reddington (22:09):
And that was on that top of the furniture, correct?
Mark Anthony Maffeo (22:14):
Correct.
Kevin Reddington (22:22):
Okay. And this again is an area depicting various items of clothing. It looks like a little headband, a wire perhaps to charge a phone and blood on the floor.
Mark Anthony Maffeo (22:32):
Correct.
Kevin Reddington (22:38):
And this shows the location of the bed, additional photograph of the blood towards the end of the bed, and also the area of the window, right?
Mark Anthony Maffeo (22:48):
Correct.
Kevin Reddington (22:48):
Okay. I'd offer these, Judge.
Ms. Buckingham (22:50):
Your Honor, object to that photograph.
Judge Sullivan (22:55):
Can I see, Counsel, in regards-
Kevin Reddington (23:01):
Just for context, this will also show a different angle, but basically the boots that I already showed you and the blood showing that the blood kind of follows through along the edge of the bed, the furniture, and then up to the wall.
Mark Anthony Maffeo (23:15):
Correct.
Kevin Reddington (23:17):
Was there also, if you recall, one of those full length mirrors?
Mark Anthony Maffeo (23:20):
I don't recall.
Kevin Reddington (23:21):
No? I'd offer these, Judge.
Judge Sullivan (23:21):
All right. Any objection to that?
Ms. Buckingham (23:21):
No.
Judge Sullivan (23:26):
All right. Those pictures may be admitted.
Kevin Reddington (23:28):
Thank you. So you had nothing to do with-
Judge Sullivan (23:43):
Hold on a second, Counsel.
Kevin Reddington (23:43):
Sorry.
Judge Sullivan (23:45):
I'm just going to mark these.
Clerk (24:14):
127 through 135. So marked.
Kevin Reddington (24:18):
So you had nothing to do with the seizure of any of the pill bottles, sir?
Mark Anthony Maffeo (24:22):
Correct.
Kevin Reddington (24:23):
And you don't have a memory of looking in the cabinet in the kitchen and seeing a number of journals or spiral bound notebooks and books?
Mark Anthony Maffeo (24:32):
Correct.
Kevin Reddington (24:34):
Was that pretty much the extent of your involvement with this case that night?
Mark Anthony Maffeo (24:38):
That night, yes.
Kevin Reddington (24:40):
And you really didn't get involved with any further investigation on this matter as far as seizing evidence, except for what you've testified to, right?
Mark Anthony Maffeo (24:48):
We did seize. I located a laptop in the hallway closet.
Kevin Reddington (24:53):
Okay.
Mark Anthony Maffeo (24:53):
And that was, I believe, seized by the State Police as well.
Kevin Reddington (24:56):
Okay. Anything else you recall? How about, do you remember when you guys were searching or you watched the State Police searching that they opened up? Did they open up drawer to the nightstand that was next to the bed with a number of pill bottles in it?
Mark Anthony Maffeo (25:17):
Again, I wasn't present when that was taken, so I can't attest to that.
Kevin Reddington (25:20):
How about Apple Watch, no?
Mark Anthony Maffeo (25:22):
I don't recall.
Kevin Reddington (25:22):
Okay. Thank you. That's all I have.
Judge Sullivan (25:26):
Attorney Buckingham, any redirect?
Ms. Buckingham (25:27):
Just briefly.
Judge Sullivan (25:28):
Sure.
Ms. Buckingham (25:31):
Sir, when you were at the hospital with Lindsey Clancy, with the defendant, were the medical staff in the emergency department actively treating the wounds to her neck and her wrists?
Mark Anthony Maffeo (25:41):
No, they were not.
Ms. Buckingham (25:42):
And when you came back to the home at 47 Summer Street to secure the scene and wait for crime scene services, nobody went into the house that didn't need to be there before crime scene services, correct?
Mark Anthony Maffeo (25:55):
Correct.
Ms. Buckingham (25:56):
In your experience, is that normal?
Mark Anthony Maffeo (25:57):
Yes.
Ms. Buckingham (25:58):
And so were you present when any of the photographs that were shown to you by defense counsel were taken?
Mark Anthony Maffeo (26:03):
I don't believe so.
Ms. Buckingham (26:04):
Okay. So your testimony today about those photos is your best memory of what the scene looked like at that time?
Mark Anthony Maffeo (26:09):
That's correct. Yes.
Ms. Buckingham (26:11):
And as far as your role in the search warrant execution, fair to say there were quite a number of State Police, Duxbury officers, as well as crime scene troopers on scene in the house during that?
Mark Anthony Maffeo (26:23):
That's correct.
Ms. Buckingham (26:24):
And each person, did they have their own kind of role in what they were doing?
Mark Anthony Maffeo (26:28):
Correct.
Ms. Buckingham (26:29):
And did you kind of stay to your area?
Mark Anthony Maffeo (26:32):
Yes.
Ms. Buckingham (26:33):
And you indicated that you only found a laptop in the first floor closet, correct?
Mark Anthony Maffeo (26:37):
Correct.
Ms. Buckingham (26:37):
And so any of the other manners in which the rooms were searched, you were not a part of?
Mark Anthony Maffeo (26:42):
Correct.
Ms. Buckingham (26:43):
Thank you. Nothing further.
Kevin Reddington (26:45):
You didn't have to stay to your area as a detective in the Duxbury Police Department, did you?
Mark Anthony Maffeo (26:49):
Correct.
Kevin Reddington (26:50):
So you were able to go and assist with the search and go into the different rooms and look for potential evidence, right?
Mark Anthony Maffeo (26:56):
That's correct.
Kevin Reddington (26:57):
And do you remember approximately how many Duxbury police officers were in or about the house, either outside, on the porch, on the deck, in the house, downstairs, upstairs?
Mark Anthony Maffeo (27:06):
I don't.
Kevin Reddington (27:07):
Would it be more than 10?
Mark Anthony Maffeo (27:09):
No, I wouldn't say more than 10.
Kevin Reddington (27:11):
How about State Police, do you remember how many there were of them?
Mark Anthony Maffeo (27:14):
No.
Kevin Reddington (27:14):
So all told when you considered, the sheriff's department wasn't there too, were they, if you recall?
Mark Anthony Maffeo (27:19):
No. No, they were not.
Kevin Reddington (27:20):
Sometimes they send them to take pictures. I don't know if they-
Mark Anthony Maffeo (27:22):
No.
Kevin Reddington (27:22):
Okay. Would you agree that there were probably more than 10 officers from State Police and Duxbury Police that would be doing this investigation?
Mark Anthony Maffeo (27:32):
Correct.
Kevin Reddington (27:33):
All right. A number of police cruisers, and then you have perhaps, just asking, the yellow tape, crime scene-
Mark Anthony Maffeo (27:39):
Yes.
Kevin Reddington (27:39):
... don't pass it and all of that?
Mark Anthony Maffeo (27:40):
Correct.
Kevin Reddington (27:41):
Now, if I was, for example, to show up and pull up in my car and get out, they're not going to let me wander in the house and look around, are they?
Mark Anthony Maffeo (27:47):
Correct.
Kevin Reddington (27:48):
I mean, that's just for law enforcement officers only until they clear the scene, right?
Mark Anthony Maffeo (27:53):
Correct.
Kevin Reddington (27:54):
That's after they execute their search warrants and find whatever evidence is relevant in their opinion-
Mark Anthony Maffeo (27:59):
Correct.
Kevin Reddington (28:00):
... that they seize, right?
Mark Anthony Maffeo (28:01):
Yes.
Kevin Reddington (28:01):
Once the scene is clear, then people are able to go back into the home, right?
Mark Anthony Maffeo (28:05):
Right.
Kevin Reddington (28:05):
And you don't know, I would imagine, when they cleared the scene?
Mark Anthony Maffeo (28:08):
Correct.
Kevin Reddington (28:09):
Thank you. That's all I have.
Judge Sullivan (28:10):
Anything on that?
Ms. Buckingham (28:11):
Nothing further.
Judge Sullivan (28:11):
All right. Thank you, sir.
Mark Anthony Maffeo (28:12):
Thank you, Your Honor.
Judge Sullivan (28:12):
Please step down. Thank you. [inaudible 00:28:13].
Ms. Buckingham (28:12):
[inaudible 00:28:13] call Richard Lippard.
Bailiff (28:12):
Good afternoon, sir.
Richard Lippard (28:12):
Good afternoon.
Bailiff (28:12):
Could you stop right here and raise your right hand for the clerk, please.
Clerk (29:07):
Good afternoon. Do you solemnly swear that the testimony you're about to give [inaudible 00:28:57] the truth, the whole truth, and nothing but the truth, so help you God?
Richard Lippard (29:07):
I do.
Clerk (29:07):
Thank you, sir. You may have a seat.
Bailiff (29:07):
Step up, please.
Judge Sullivan (29:07):
All right. Good afternoon, sir.
Richard Lippard (29:08):
Afternoon, sir.
Judge Sullivan (29:09):
All right. Attorney Buckingham, please.
Ms. Buckingham (29:11):
Thank you. Good morning.
Richard Lippard (29:12):
Morning.
Ms. Buckingham (29:13):
Could you please tell the jurors your first and last name?
Richard Lippard (29:15):
Richard Lippard.
Ms. Buckingham (29:17):
And can you spell your last name for the record?
Richard Lippard (29:19):
L-I-P-P-A-R-D.
Ms. Buckingham (29:22):
And how are you employed?
Richard Lippard (29:23):
I work for the Duxbury Police Department.
Ms. Buckingham (29:26):
And how long have you been a police officer?
Richard Lippard (29:27):
Six and a half years.
Ms. Buckingham (29:29):
Have you worked for Duxbury the entire time or did you work someplace else?
Richard Lippard (29:33):
The entire time.
Ms. Buckingham (29:34):
What's your current assignment at the Duxbury Police?
Richard Lippard (29:37):
Patrolman.
Ms. Buckingham (29:40):
Back in January of 2023, were you also on patrol then?
Richard Lippard (29:43):
Yes, ma'am.
Ms. Buckingham (29:45):
Were you working the day of January 24th, 2023?
Richard Lippard (29:48):
Yes.
Ms. Buckingham (29:50):
At some point while you were on shift that day, were you asked to assist in an ongoing investigation for an incident that occurred at 47 Summer Street in Duxbury?
Richard Lippard (29:59):
Yes, I was called back in.
Ms. Buckingham (30:02):
You were called back in?
Richard Lippard (30:03):
Yep.
Ms. Buckingham (30:03):
Had you finished your shift?
Richard Lippard (30:05):
Yes, ma'am.
Ms. Buckingham (30:05):
And so where were you asked to go?
Richard Lippard (30:07):
To the police department.
Ms. Buckingham (30:10):
When you came to the police department, where did they direct you to go as far as the investigation went?
Richard Lippard (30:15):
South Shore Hospital in Weymouth.
Ms. Buckingham (30:17):
And so when you arrived at South Shore Hospital, was there already another Duxbury officer there?
Richard Lippard (30:21):
Detective Maffeo was there.
Ms. Buckingham (30:24):
Okay. And what was the purpose of you going to South Shore Hospital?
Richard Lippard (30:29):
To over- watch the person in custody.
Ms. Buckingham (30:32):
Okay. And did you learn who that person was?
Richard Lippard (30:35):
Yes.
Ms. Buckingham (30:36):
And fair to say that individual was a woman by the name of Lindsay Clancy, correct?
Richard Lippard (30:40):
Yes.
Ms. Buckingham (30:41):
What were your observations of her when you were at South Shore Hospital?
Richard Lippard (30:46):
She seemed to be sedated, not speaking or anything on the hospital bed, just laying there.
Ms. Buckingham (30:53):
And excuse me. When you were there or during the time that you were there, did you ever have any conversation with her?
Richard Lippard (31:00):
No.
Ms. Buckingham (31:01):
Did she remain unresponsive during the time that you were there?
Richard Lippard (31:04):
Yes.
Ms. Buckingham (31:05):
And were you also there when somebody came in and took some photographs of her?
Richard Lippard (31:12):
I do not recall.
Ms. Buckingham (31:14):
Okay. Were medical staff tending to her during the time that you were with her?
Richard Lippard (31:20):
Yes.
Ms. Buckingham (31:20):
Where in the South Shore Hospital was this? The emergency department or someplace else?
Richard Lippard (31:24):
Emergency department.
Ms. Buckingham (31:26):
And shortly after you were there observing her, did she or did the doctors indicate she was going to be transported someplace else?
Richard Lippard (31:34):
Yes.
Ms. Buckingham (31:34):
Where was she going to go?
Richard Lippard (31:35):
That she was going to be med flighted to the Brigham in Boston.
Ms. Buckingham (31:40):
And other than yourself or other law enforcement and medical staff, did anyone speak with her at the South Shore Hospital?
Richard Lippard (31:47):
No.
Ms. Buckingham (31:48):
And when she was transported to the hospital in Boston, did you go along with the transport?
Richard Lippard (31:55):
Yes.
Ms. Buckingham (31:55):
Do you remember how she was transported?
Richard Lippard (31:57):
It was a med flight helicopter.
Ms. Buckingham (31:59):
So you rode in the helicopter with her?
Richard Lippard (32:01):
Yes.
Ms. Buckingham (32:02):
And when you arrived at the-
Counsel (32:00):
... In the helicopter with her?
Speaker 1 (32:01):
Yes.
Counsel (32:02):
And when you arrived at the Brigham in Boston, where did she go there?
Speaker 1 (32:08):
She went to the emergency room.
Counsel (32:10):
Did you remain with her during that time period?
Speaker 1 (32:13):
Correct.
Counsel (32:14):
And was there anyone else with you at the Brigham with her?
Speaker 1 (32:18):
Officer Broderick.
Counsel (32:20):
And so the two of you were, what was your role?
Speaker 1 (32:24):
Just to overwatch and stay with her.
Counsel (32:27):
At any point when you were with her at the Brigham, was she ever awake or responsive?
Speaker 1 (32:35):
No, not to my knowledge.
Counsel (32:39):
And how long were you at the Brigham with her?
Speaker 1 (32:45):
About 15 to 16 hours.
Counsel (32:47):
Okay. So fair to say it was over the course of that night until the next morning?
Speaker 1 (32:50):
Yes, ma'am.
Counsel (32:51):
Over the course of the night until the next morning, do you observe her medical status change?
Speaker 1 (32:58):
There was some type of medical code during the nighttime. I'm not sure what it was.
Counsel (33:03):
Okay. But you were present in the room when that happened?
Speaker 1 (33:06):
Yes. We were outside the room.
Counsel (33:08):
Outside?
Speaker 1 (33:08):
Yeah.
Counsel (33:11):
And the next morning when your shift concluded, did somebody else from the Duxbury Police Department come and relieve you?
Speaker 1 (33:18):
Yes.
Counsel (33:19):
During the time that you were there, did anyone besides medical staff or the law enforcement officers that you were with interact with the defendant?
Speaker 1 (33:29):
No.
Counsel (33:31):
Thank you. Nothing further.
Speaker 2 (33:31):
All right. Mr. Reddington.
Kevin Reddington (33:31):
Morning.
Speaker 1 (33:31):
Morning.
Kevin Reddington (33:37):
Good afternoon. So young man working for the town of Duxbury, and you were detailed to the home initially, correct?
Speaker 1 (33:47):
No, sir.
Kevin Reddington (33:47):
You didn't go to the house at all?
Speaker 1 (33:49):
No, sir.
Kevin Reddington (33:49):
Okay. You went directly to South Shore?
Speaker 1 (33:51):
Correct.
Kevin Reddington (33:51):
And when you were at South Shore, your purpose was to, as you say, overwatch. Well, that basically is she was in custody at that point, right?
Speaker 1 (33:59):
Correct.
Kevin Reddington (33:59):
So one of your obligations was is to, I guess, guard the unconscious person to make sure what? To do what? Just to stand there?
Speaker 1 (34:07):
Correct.
Kevin Reddington (34:07):
Okay. And you did in the South Shore Hospital, right?
Speaker 1 (34:10):
Yes, sir.
Kevin Reddington (34:11):
And you made your observations of her bandaged or whatever, laying in the bed, and she was not conscious, correct?
Speaker 1 (34:18):
Correct.
Kevin Reddington (34:18):
And at some point, the decision was made medically that they were going to have her med flighted to the Boston Hospital, Brigham and Woman's, right?
Speaker 1 (34:27):
Correct.
Kevin Reddington (34:27):
And that was by way of the helicopter?
Speaker 1 (34:29):
Yes, sir.
Kevin Reddington (34:30):
You had a helicopter ride into Boston with her, right?
Speaker 1 (34:33):
Yes, sir.
Kevin Reddington (34:33):
You were over watching her in the helicopter again, right?
Speaker 1 (34:36):
Yes, sir.
Kevin Reddington (34:36):
She still had not gained consciousness at all.
Speaker 1 (34:40):
Correct.
Kevin Reddington (34:41):
She wasn't talking to you or medical staff or anybody, right?
Speaker 1 (34:44):
Correct.
Kevin Reddington (34:44):
She was already had the tubes and stuff in her mouth coming out and she was bandaged up and wrapped up and basically laying down in the gurney in the helicopter, right?
Speaker 1 (34:53):
Yes, sir.
Kevin Reddington (34:55):
So when she gets to Brigham and Women's Hospital, they bring her into the emergency room, right?
Speaker 1 (34:59):
Yes.
Kevin Reddington (35:00):
And that room was loaded with equipment, boxes, wires, tubes, buzzing, beeps, lights, things of that nature, right?
Speaker 1 (35:10):
Yes.
Kevin Reddington (35:11):
Lifesaving equipment that was in there, right?
Speaker 1 (35:13):
Yes.
Kevin Reddington (35:14):
Very small room, wasn't it?
Speaker 1 (35:17):
Yes.
Kevin Reddington (35:17):
Kind of hard to maneuver?
Speaker 1 (35:20):
There was enough space for the medical staff to maneuver.
Kevin Reddington (35:23):
All right. And how many police officers were overwatching the unconscious person while she was in the emergency room at Brigham and Woman?
Speaker 1 (35:30):
Two.
Kevin Reddington (35:31):
That would be you and the other officer from Duxbury?
Speaker 1 (35:33):
Yes, sir.
Kevin Reddington (35:34):
At what point did the state police officers arrive in the hospital?
Speaker 1 (35:36):
I don't recall them coming to the hospital.
Kevin Reddington (35:42):
Did you ever see state police in the hospital?
Speaker 1 (35:47):
Possibly at South Shore Hospital, but not in Boston.
Kevin Reddington (35:50):
So you're in Brigham and Women's off of the helicopter into the emergency room for a day, is that correct?
Speaker 1 (35:58):
Correct. 16 hours.
Kevin Reddington (36:00):
Did you go back there again after that day?
Speaker 1 (36:02):
To South Shore Hospital?
Kevin Reddington (36:04):
No, Brigham and Women's Hospital.
Speaker 1 (36:06):
No.
Kevin Reddington (36:07):
So you're limited to the time that you were there as to you and your brother officer were there in the room with her, correct?
Speaker 1 (36:15):
Yes.
Kevin Reddington (36:16):
And a number of nurses and doctors, right?
Speaker 1 (36:19):
Yes.
Kevin Reddington (36:19):
Fair to say it was pretty much, it was chaos. It was like bedlam in that room, wasn't it?
Speaker 1 (36:25):
Yes. Very busy.
Kevin Reddington (36:26):
And you don't remember any other police officers. How about internal police officers from Brigham and Women's Hospital? Do you recall them being there?
Speaker 1 (36:35):
There may have been security, but I do not recall.
Kevin Reddington (36:38):
So is it your testimony that you do not recall any other police being in that room or outside the room when you were there?
Speaker 1 (36:48):
Correct.
Kevin Reddington (36:49):
Now, at some point, police were detailed, if you know, to sit outside the room to guard the door. Is that correct?
Speaker 1 (36:57):
Yes.
Kevin Reddington (36:58):
And what were you guiding against?
Counsel (37:00):
Objection.
Speaker 2 (37:01):
Overruled.
Speaker 1 (37:03):
Anybody coming to visit.
Kevin Reddington (37:05):
Right, because nobody was allowed to visit, right?
Speaker 1 (37:07):
Correct.
Kevin Reddington (37:12):
And then while you were there in the early morning hours about 2:24 or something like that, there was, as you said to the jury, a code, right?
Speaker 1 (37:19):
Yes.
Kevin Reddington (37:20):
And again, that kind of amped up the bedlam at that point, didn't it?
Speaker 1 (37:25):
Yes, sir.
Kevin Reddington (37:26):
There were people running from all over and you could hear on the microphone " Code blue" with the room being identified, right?
Speaker 1 (37:34):
Yes.
Kevin Reddington (37:35):
And that meant that she was dead or dying, right?
Speaker 1 (37:39):
Yes.
Kevin Reddington (37:42):
She was chained to the hospital bed too, wasn't she?
Speaker 1 (37:45):
I do not recall her being handcuffed.
Kevin Reddington (37:50):
You don't?
Speaker 1 (37:50):
No, sir.
Kevin Reddington (37:50):
Okay. Do you recall when you left?
Speaker 1 (37:55):
The Brigham sir?
Kevin Reddington (37:56):
Yes.
Speaker 1 (37:59):
The next morning around 10:00, from what I remember.
Kevin Reddington (38:03):
Okay. And you were relieved by who?
Speaker 1 (38:06):
Officer Daly from the Duxbury Police Department and Officer Johnson from the Duxbury Police Department.
Kevin Reddington (38:12):
All right. So you've got two Duxbury police officers. And to your memory, were there any other law enforcement officers?
Speaker 1 (38:19):
Not with them, no.
Kevin Reddington (38:20):
How about on their own? Did you observe other law enforcement officers come in that room or outside the room?
Speaker 1 (38:26):
No, sir.
Kevin Reddington (38:27):
And then that was the end of your shift and you left?
Speaker 1 (38:30):
Yes, sir.
Kevin Reddington (38:31):
Okay. Thank you, sir.
Speaker 2 (38:32):
All right. Counsel, anything further?
Counsel (38:34):
No, thank you.
Speaker 2 (38:36):
All right. Thank you, sir. You may step down. Thank you.
Bailiff (38:44):
Commonwealth calls Dr. Tenerowicz.
Kevin Reddington (38:51):
Just for the record, Your Honor, I'm just going to object to this. We agreed the circumstances and-
Counsel (38:57):
Do you want to go to sidebar?
Kevin Reddington (38:58):
Yeah, please. Would you ...
Speaker 2 (39:12):
All right. [inaudible 00:39:14] break. I'm sorry.
Counsel (39:16):
Thank you, Your Honor.
Speaker 3 (39:19):
Right this way.
Dr. Mark Tenerowicz (39:23):
Thank you.
Bailiff (39:23):
Good afternoon. Do you solemnly swear [inaudible 00:39:41]?
Dr. Mark Tenerowicz (39:41):
I do.
Bailiff (39:41):
You may have a seat.
Speaker 3 (39:42):
Watch your step please.
Speaker 2 (39:45):
All right. Good afternoon, doctor.
Dr. Mark Tenerowicz (39:45):
Afternoon, sir.
Counsel (39:46):
If I may?
Speaker 2 (39:48):
Yes please.
Counsel (39:48):
Thank you. Good afternoon. Could you please state and spell your name for the record?
Dr. Mark Tenerowicz (39:52):
Mark Joseph Tenerowicz. M-A-R-K J-O-S-E-P-H T-E-N-E-R-O-W- I-C-Z.
Counsel (40:01):
And what is your date of birth, sir?
Dr. Mark Tenerowicz (40:02):
02/28/69.
Counsel (40:04):
What do you do for a living?
Dr. Mark Tenerowicz (40:06):
I was an emergency physician. I'm currently not acting as an emergency physician.
Counsel (40:11):
Okay. What do you currently do?
Dr. Mark Tenerowicz (40:13):
I do disability review for the State of Rhode Island.
Counsel (40:15):
And so directing your attention back to January of 2023, were you an emergency room physician at that time?
Dr. Mark Tenerowicz (40:22):
Yes, I was.
Counsel (40:23):
And where did you work?
Dr. Mark Tenerowicz (40:24):
Beth Israel Deaconess Plymouth.
Counsel (40:26):
And could you briefly describe for the jurors your educational background and the training that you underwent to qualify to be an emergency room physician?
Dr. Mark Tenerowicz (40:33):
I did my undergraduate education at Trinity College. I did a one-year post-baccalaureate pre-medical program at Bryn Mawr College. I then got my medical degree from Brown University, and I did my residency in emergency medicine at UMass Memorial in Worcester.
Counsel (40:48):
And when you finished your education and training, did you work in emergency care after that point up until you changed positions?
Dr. Mark Tenerowicz (40:57):
I worked in emergency medicine from 1997 until May of 2025.
Counsel (41:04):
Directing your attention to January 24th, 2023, were you working in the evening hours that day?
Dr. Mark Tenerowicz (41:09):
I was.
Counsel (41:10):
And at some point in time, did you treat a child named Dawson Clancy?
Dr. Mark Tenerowicz (41:14):
Yes.
Counsel (41:15):
How did he arrive at the hospital?
Dr. Mark Tenerowicz (41:16):
He arrived by fire department ambulance.
Counsel (41:19):
And when he arrived, were you given a summary of his injuries by emergency personnel?
Dr. Mark Tenerowicz (41:23):
Yes.
Counsel (41:24):
What did you learn at that time?
Dr. Mark Tenerowicz (41:25):
I was told that he reportedly had been strangled and he was found without a pulse and not breathing.
Counsel (41:32):
And what observations did you make of Dawson yourself?
Dr. Mark Tenerowicz (41:35):
When he arrived, he had a breathing tube in. They had placed a device into the bone of his leg to give him intravenous fluids and medicines. CPR was in progress. He was not breathing on his own and he had no pulse in him, was not responding.
Counsel (41:50):
And after ... Well, strike that. Did you observe any trauma to his body?
Dr. Mark Tenerowicz (41:55):
I believe there were some old appearing bruises on his legs, and there was some ruptured blood vessels on his face.
Counsel (42:03):
And did you observe anything in the area of his neck?
Dr. Mark Tenerowicz (42:07):
Not that I can recall.
Counsel (42:09):
And what did you do to treat Dawson?
Dr. Mark Tenerowicz (42:14):
We continued CPR. We continued to give him IV fluids. We gave him doses of adrenaline to try and restart his heart. We confirmed that the breathing tube was in the right position. We eventually gave medicines to treat the presumed acid buildup in his blood. We gave him calcium to make sure that his heart would, if it started again, would beat effectively, and that's what we did.
Counsel (42:38):
And how did you go about making sure that the breathing apparatus was in place properly?
Dr. Mark Tenerowicz (42:44):
Basically four ways. We detected carbon dioxide in the air coming out of his lungs, which usually just comes from the lungs. I listened and could hear breath sounds. I looked with a video laryngoscope to confirm that the tube was between the vocal cords going into the lungs, and we did an x-ray.
Counsel (43:04):
And when you say you were hearing breath sounds, was that him breathing on his own or something else breathing for him?
Dr. Mark Tenerowicz (43:09):
That was someone breathing for him, squeezing the bag attached to the breathing tube.
Counsel (43:12):
And so the breath sounds you heard just confirmed that whoever was squeezing the bag valve mask, the air from that was going into the lungs and then carbon dioxide was coming out?
Dr. Mark Tenerowicz (43:24):
He was not breathing spontaneously.
Counsel (43:26):
Okay. And while all of this is happening, are you continuing to assess him and his condition?
Dr. Mark Tenerowicz (43:33):
Yes.
Counsel (43:33):
And what were your assessments?
Dr. Mark Tenerowicz (43:35):
So we would stop periodically every several minutes to very briefly check to see if he was breathing on his own or if he had a pulse. And he was not at any point. At one point towards the end of the resuscitation, I used an ultrasound to determine if his heart was beating effectively, and there was no evidence of that.
Counsel (43:52):
Okay. And based on your training and experience, at some point in time, did you make a determination that your efforts weren't going to be successful?
Dr. Mark Tenerowicz (44:04):
I did. Based on the time from when resuscitative efforts started in the field by the paramedics and the time that we put in, and the fact that despite the best resuscitative efforts we could, the fluids, the medicines, the CPR, breathing for him, it did not look like his heart would ever start again.
Counsel (44:24):
Approximately how long did you and your team work on Dawson?
Dr. Mark Tenerowicz (44:28):
I believe we worked on Dawson about 40 minutes in addition to what the paramedics had done previously.
Counsel (44:36):
At any point in time, did you try to use a defibrillator?
Dr. Mark Tenerowicz (44:39):
I did not.
Counsel (44:40):
And why is that?
Dr. Mark Tenerowicz (44:41):
He was unfortunately never in a heart rhythm that would've made defibrillation an effective treatment.
Counsel (44:47):
So your heart has to be in a certain condition for a defibrillator to even work?
Dr. Mark Tenerowicz (44:52):
Yes. There are two heart rhythms basically [inaudible 00:44:57] of the heart that if you use a defibrillator, you can restore a rhythm that makes the heartbeat effectively. He was never in one of those rhythms.
Counsel (45:07):
And at some point in time, did you declare Dawson deceased?
Dr. Mark Tenerowicz (45:10):
Yes.
Counsel (45:11):
Okay. And do you recall when that was?
Dr. Mark Tenerowicz (45:13):
I believe from my review of the records recently, it was at 19:28.
Counsel (45:18):
And 19:28, would that be 7:28 PM?
Dr. Mark Tenerowicz (45:21):
That's correct.
Counsel (45:22):
Thank you, doctor.
Speaker 2 (45:25):
Mr. Reddington.
Kevin Reddington (45:32):
Afternoon. You indicated that you observed what appeared to be older bruises to his legs, his lower leg?
Dr. Mark Tenerowicz (45:37):
Yes.
Kevin Reddington (45:37):
That shin area that is?
Dr. Mark Tenerowicz (45:39):
Yes.
Kevin Reddington (45:40):
And also had an interosseous device, I think. Is that what you said?
Dr. Mark Tenerowicz (45:43):
Yes, he did.
Kevin Reddington (45:44):
And that would require inserting a needle or something into the actual shin-bone area?
Dr. Mark Tenerowicz (45:49):
Yes, into the tibia.
Kevin Reddington (45:51):
Thank you, sir. That's all I have.
Speaker 2 (45:52):
All right. Anything further?
Counsel (45:52):
No Your Honor.
Speaker 2 (45:54):
All right. Thank you, Doctor.
Dr. Mark Tenerowicz (45:55):
Thank you.
Bailiff (46:02):
Commonwealth will call Dr. Benjamin Kaufman. Good afternoon. Do you solemnly swear that the testimony and the evidence you shall give to the court shall be the truth, the whole truth, and nothing but the truth, so help you God?
Dr. Benjamin Kaufman (46:35):
I do.
Bailiff (46:42):
Thank you sir. You may take a seat. Watch your step, please.
Speaker 2 (46:43):
All right. Good afternoon, Doctor.
Kevin Reddington (46:49):
Just for the record, Your Honor, I'd like to just note same objection.
Speaker 2 (46:52):
Same ruling.
Counsel (46:54):
Thank you, Your Honor. Good afternoon. Could you please state and spell your name for the record?
Dr. Benjamin Kaufman (46:58):
It's Benjamin Kaufman. B-E- N-J-A-M-I-N K-A-U-F-M-A-N.
Counsel (47:03):
And your date of birth, sir?
Dr. Benjamin Kaufman (47:04):
September 10th, 1984.
Counsel (47:06):
What do you do for a living?
Dr. Benjamin Kaufman (47:08):
I'm an emergency medicine doctor.
Counsel (47:10):
How long have you been doing that?
Dr. Benjamin Kaufman (47:12):
About 12 years.
Counsel (47:13):
Could you briefly describe for the jurors your educational and training background that qualifies you for that role?
Dr. Benjamin Kaufman (47:18):
Yeah. I went to Boston University for medical school, and then Kings County for residency training, and then Columbia for fellowship in global emergency medicine.
Counsel (47:30):
And where do you currently work?
Dr. Benjamin Kaufman (47:32):
Beth Israel in Plymouth.
Counsel (47:34):
And back in January of 2023, did you work there?
Dr. Benjamin Kaufman (47:37):
I did.
Counsel (47:38):
And specifically on January 24th, 2023, were you working that evening?
Dr. Benjamin Kaufman (47:42):
I was.
Counsel (47:43):
And while you were working that evening, did you treat a patient named Callan Clancy?
Dr. Benjamin Kaufman (47:47):
Yes, that was my patient.
Counsel (47:49):
And do you recall how he arrived at the hospital?
Dr. Benjamin Kaufman (47:51):
Yes, with the EMS with CPR ongoing.
Counsel (47:55):
And is it typical that when EMS arrived with a patient, they give you kind of a summary or a rundown of the patient's condition?
Dr. Benjamin Kaufman (48:02):
It is.
Counsel (48:02):
And did they give you that ...
Counsel (48:00):
... a rundown of the patient's condition?
Dr. Benjamin Kaufman (48:02):
It is.
Counsel (48:02):
And did they give you that rundown on Callan's condition?
Dr. Benjamin Kaufman (48:06):
They did. At the time, his heart had stopped and CPR was ongoing and he was not breathing. He was receiving breaths via bag valve mass ventilation.
Counsel (48:18):
And what did you do in terms of treating Callan?
Dr. Benjamin Kaufman (48:23):
So as soon as he came in, basically we put in a breathing tube and we were able to get an IV established. The first thing that we do is give a dose of epinephrine. And in this case, you can look directly at the heart with an ultrasound. And his heart started beating after we were able to give that dose. At that point, we continued compressions, continued giving him breaths through the breathing tube. And Plymouth Hospital does not have pediatrics or the ability to care for that level of pediatric patients, so we're on the phone with Boston Children's Hospital making preparations, basically to get him to the more definitive care.
Counsel (49:10):
And about how long into your care of Callan did he regain a heartbeat?
Dr. Benjamin Kaufman (49:18):
Probably from the time that he got to the ER, maybe 10 minutes or so I'm guessing.
Counsel (49:24):
At any point in time, did he regain the ability to breathe on his own while he was in your care?
Dr. Benjamin Kaufman (49:30):
No.
Counsel (49:32):
Did you do any examination or testing to determine Callan's brain function?
Dr. Benjamin Kaufman (49:37):
So at no point did he exhibit any brain function. I'm not a neurologist, so we are not the definitive person, but in emergency medicine, there's a scale called the Glasgow Coma Scale, which is generally from three to 15. There's different variations for pediatrics, but he scored the lowest, which basically is you're in a coma or have no brain response during the entire time that he was in my care.
Counsel (50:04):
So on that scale, the three to 15, 15, would that be someone who's walking and talking and acting normally?
Dr. Benjamin Kaufman (50:12):
That's correct.
Counsel (50:13):
And a three, is that someone with no brain function?
Dr. Benjamin Kaufman (50:16):
That is correct.
Counsel (50:17):
And you testified that Callan was at a three when you treated him?
Dr. Benjamin Kaufman (50:22):
At no time during his care did he have any brain function that was evident on my exam.
Counsel (50:29):
And at some point in time, was it decided to transfer his care to Boston Children's Hospital?
Dr. Benjamin Kaufman (50:35):
Yes. We were in contact with him basically immediately, and then he was flown by helicopter to Boston Children's Hospital. And the whole time the ICU doctors were on the phone reviewing the case and making recommendations.
Counsel (50:49):
And at any point in time, to your knowledge, from the time he entered the emergency department at Beth Israel Deaconess Plymouth until he arrived at Boston Children's Hospital, was he able to breathe on his own?
Dr. Benjamin Kaufman (51:02):
No.
Counsel (51:03):
Thank you, Doctor.
Judge William Sullivan (51:05):
All right, counsel?
Kevin Reddington (51:06):
I have no questions. Thank you, sir.
Judge William Sullivan (51:08):
Thank you, Doctor. Attorney Buckingham?
Ms. Buckingham (51:21):
Your Honor, the Commonwealth would call Melissa Arcadipane.
Speaker 4 (51:22):
[inaudible 00:51:23].
Bailiff (51:23):
[inaudible 00:51:23]. Stop right there and raise your right hand for the clerk, please.
Speaker 5 (51:56):
Good afternoon. Do you solemnly swear the testimony and the evidence you shall give to the court and the jury [inaudible 00:52:06]?
Melissa Arcadipane (51:59):
[inaudible 00:52:05].
Bailiff (52:06):
Take a seat. Watch your step, please.
Judge William Sullivan (52:07):
Hi, good afternoon. Attorney Buckingham, please.
Ms. Buckingham (52:14):
Thank you. Good afternoon. Could you please tell the jurors your first and last name?
Melissa Arcadipane (52:19):
Melissa Arcadipane.
Ms. Buckingham (52:20):
Can you spell your last name for the record?
Melissa Arcadipane (52:22):
A-R-C-A-D-I-P-A-N-E.
Ms. Buckingham (52:27):
And did you work for South Shore Hospital?
Melissa Arcadipane (52:31):
Yes.
Ms. Buckingham (52:31):
And what was your role at South Shore Hospital?
Melissa Arcadipane (52:35):
My last role was a supervisor of the specimen processing department in the laboratory.
Ms. Buckingham (52:41):
And do you still work in that role?
Melissa Arcadipane (52:45):
No.
Ms. Buckingham (52:45):
Okay. Back in 2023, specifically January, were you in that role?
Melissa Arcadipane (52:50):
Yes.
Ms. Buckingham (52:51):
And how long had you worked for, or have you worked for South Shore Hospital over the course of the years?
Melissa Arcadipane (52:56):
Over 20 years.
Ms. Buckingham (52:58):
You said that you were the specimen processing supervisor?
Melissa Arcadipane (53:01):
Correct.
Ms. Buckingham (53:02):
What are the general responsibilities for that role?
Melissa Arcadipane (53:06):
Overseeing the department, where all of the specimens from within the hospital and even outside of the hospital will come in through that department to be received, checked, make sure they have orders, make sure they're collected in the correct tube.
Ms. Buckingham (53:20):
And the laboratory at South Shore Hospital is responsible for processing blood samples, urine samples that come from other areas of the hospital, correct?
Melissa Arcadipane (53:28):
Correct.
Ms. Buckingham (53:29):
So can you just generally tell us how a blood or urine sample would come from the emergency department at South Shore Hospital to the laboratory?
Melissa Arcadipane (53:37):
So in most cases, blood sample or urine will come through a pneumatic tube system from the emergency room. They'll put it in a tube, hit a button, and it will come over to the lab, which is what's across the street. And we would take it out of that canister and process it at that point.
Ms. Buckingham (53:54):
And the specimens that are collected in a place like the emergency department are done by a nurse or technician who takes the samples, puts them in the appropriate vial or tube and labels them, correct?
Melissa Arcadipane (54:06):
Correct.
Ms. Buckingham (54:07):
And so when they come to you through that pneumatic system, what does your laboratory do with the samples?
Melissa Arcadipane (54:13):
Well, we check the sample, make sure it's labeled, make sure it's in the correct tube, and then we would process it.
Ms. Buckingham (54:19):
And traditionally, would your laboratory receive several samples, meaning several vials of blood or urine from one patient?
Melissa Arcadipane (54:29):
They could, yes.
Ms. Buckingham (54:30):
And as far as the orders for testing, you at the laboratory would only run particular tests that are ordered by a physician, correct?
Melissa Arcadipane (54:39):
Correct.
Ms. Buckingham (54:39):
Does that usually consume the whole sample that you receive from the emergency department?
Melissa Arcadipane (54:43):
Not always, no.
Ms. Buckingham (54:44):
And so would it be a common procedure that samples from a particular patient would be retained in case additional testing needed to be done?
Melissa Arcadipane (54:52):
Yes.
Ms. Buckingham (54:53):
And working in the lab as the specimen processing supervisor, are you familiar with what is referred to as a preservation notice?
Melissa Arcadipane (54:59):
I am.
Ms. Buckingham (55:00):
What do you know that to be?
Melissa Arcadipane (55:01):
So that is a notice that we would receive from a law enforcement agency asking us to hold specific samples for a particular patient.
Ms. Buckingham (55:10):
And what would your laboratory do when you receive a preservation notice for a particular patient?
Melissa Arcadipane (55:15):
So the samples would be pulled aside, they would be put in a specimen bag. A copy of that preservation notice gets put in the bag with the samples, and it is put in a separate bin within the specimen refrigerator.
Ms. Buckingham (55:29):
And the specimen refrigerator, is that a place that specimens are stored until they're either used or discarded?
Melissa Arcadipane (55:37):
Correct.
Ms. Buckingham (55:37):
And does that preserve the specimen?
Melissa Arcadipane (55:43):
Well, if they need to be refrigerated. But we separate those specimens that potentially could be needed elsewhere into a separate spot so that they don't get discarded.
Ms. Buckingham (55:54):
Now, were you aware that a preservation notice had been served on South Shore Hospital for the blood and urine of Lindsay Clancy on January 24th, 2023?
Melissa Arcadipane (56:02):
I was.
Ms. Buckingham (56:03):
And were those samples of blood and urine collected in the same manner you just described and put in a separate bin?
Melissa Arcadipane (56:10):
Yes.
Ms. Buckingham (56:11):
And on January 31st, 2023, did you have the opportunity to interact with a trooper from the Massachusetts State Police?
Melissa Arcadipane (56:21):
I did.
Ms. Buckingham (56:21):
And what was that interaction? Can you describe it to us?
Melissa Arcadipane (56:23):
He came with a warrant to collect the specimens.
Ms. Buckingham (56:27):
And so did you collect the specimens that were labeled for Lindsay Clancy?
Melissa Arcadipane (56:31):
I did. Somebody had already put them in that bin in a bag, so I just went to the bin, retrieved them, made sure they were hers, and gave them to the officer.
Ms. Buckingham (56:41):
And in fact, you handed over six vials of blood and one vial of urine to the trooper on that day, correct?
Melissa Arcadipane (56:46):
I don't remember the exact samples or sample type that I handed over, but I do know that I gave him samples.
Ms. Buckingham (56:54):
Okay. And as far as your memory, you recall that you double checked the ID label on the items to make sure that they belonged to Lindsay Clancy, correct?
Melissa Arcadipane (57:01):
Definitely.
Ms. Buckingham (57:02):
Okay. Nothing further. Thank you.
Judge William Sullivan (57:05):
All right. Counsel?
Kevin Reddington (57:06):
No questions. Thank you.
Judge William Sullivan (57:07):
All right. Thank you.
Melissa Arcadipane (57:10):
Thank you.
Judge William Sullivan (57:10):
Thank you.
Bailiff (57:10):
All right, please step up.
Counsel (57:18):
Your Honor, at this time, the Commonwealth would move to submit the certified medical records from Beth Israel Deaconess in Plymouth for Cora Clancy, Dawson Clancy, and Callan Clancy in one binder.
Kevin Reddington (57:30):
No objection.
Judge William Sullivan (57:31):
All right, they may be admitted.
Ms. Buckingham (57:37):
If we could approach sidebar?
Judge William Sullivan (57:38):
Yes.
Speaker 6 (57:38):
[inaudible 00:57:43].
Judge William Sullivan (57:47):
Jury, in talking to counsel, we are going to break for today, all right? What I was talking about over here is in regards to the schedule where we are. We are, if not on schedule, at a schedule, all right? And much of it is because of the work when you're not here. Counsel's going over some of the exhibits and some of that, and that's part of some of these breaks, at least for you, all right? So I just want to let you know that's what's going on. So I'm going to excuse you. I know it's been a long week anyway. So we're going to take a break till Monday, all right? And on Monday, the schedule anticipation will start about 9: 00, maybe a little bit later than that, but I ask you to be here ready to go at 9:00. There's some matters I may have to talk to counsel, so it might give a you little bit late start for you on Monday. And then the anticipations will go most of the day, all right?
(58:47)
Like I said, we are well on schedule, if not ahead. What I want to remind you now, which you know I'm going to remind you, that you're going to be not here for a couple of days, it's very important. You've heard some of the evidence, you haven't heard all of the evidence, all right? You haven't heard the law that you will apply to this. So you have to keep an open mind. And the best way to do that is don't talk about this with anyone. Don't do any research. Don't watch anything. If something comes on, turn it off. And just like I said, if you're talking to somebody who brings it up, blame me, all right? "The judge said I am not to talk about it, I'm not to listen to anybody talking about this," and shut them down right away. I appreciate all the work that you've put in here so far. I look forward to seeing you on Monday. I hope you have a nice weekend and we'll see you then. All right, thank you.
Bailiff (59:47):
Court all rise. Jurors, close your notebooks, please face them on your chairs. [inaudible 00:59:54].
(59:51)
[inaudible 01:00:26] this court's in session. Please be seated.
Judge William Sullivan (01:00:29):
All right. Now, anything else we need to address before Monday morning? Counsel?
Ms. Buckingham (01:00:31):
[inaudible 01:00:32].
Kevin Reddington (01:00:32):
No, thank you.
Judge William Sullivan (01:00:34):
All right. So we'll be in recess on this matter until Monday morning. At 9:00, we'll resume the trial. Thank you.
Ms. Buckingham (01:00:40):
Thank you.
Bailiff (01:00:44):
Court all rise.
Speaker 4 (01:00:52):
Court's in recess. Please exit the courtroom. Thank you.
