Ben Shapiro Explains the Lindsay Clancy Case

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The Ben Shapiro Show
With everyone giving their nuclear-level hot takes on the Lindsay Clancy prosecution, it’s time to give the full view of ALL the facts... and then I’ll explain where I stand.
Ep. 2495
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Video Summary
AI GeneratedThis video analyzes the legal trial of Lindsay Clancy, who murdered her three children. The central conflict is whether Clancy's actions were the result of a calculated plan or a severe psychotic break. The discussion emphasizes the importance of adhering to the specific facts of the case and the legal standards of insanity rather than projecting broader social or political narratives onto the tragedy.
The jury is now out on Lindsay Clancy.
Clancy, of course, murdered her three children
and then jumped from a second story window
after cutting her wrists.
All of that is undisputed.
The question is whether she was mentally ill
to the extent required by law
to fulfill the insanity defense.
Today, we're going to go through the entire case
so you know what the hell you're talking about
when you talk about this case
because the ridiculous hot takes
that you are seeing online
from legitimately all sides,
they could power a small city.
Now, as I've been saying,
this case is not about you.
It is not about your dyspepsia
at having to deal with annoying toddlers.
It is not even about the awfulness
of postpartum depression.
It is not about selfish women or abortion
or the fall of Western civilization.
This case is about a fact pattern
and you should know the fact pattern
because if we would like to come to a consensus
as Americans,
as opposed to just beating each other with pool noodles,
the facts ought to matter at least a little bit.
This is The Ben Shapiro Show.
And one of my great irritations
with all of the coverage surrounding Lindsay Clancy's case
is that so little of it focuses in
on the actual facts of the case.
And this sort of stuff drives me crazy.
The same thing happened
in a sort of different way with George Floyd.
The entire George Floyd case,
the Derek Chauvin prosecution,
none of it was predicated on the facts of the case.
It was all based on narratives drawn from the case
that had very little to do with the actual case.
So you'll recall that in that particular case,
there were narratives that were drawn
about the nature of America's criminal justice system
being biased against black people.
There are all sorts of takes
about how America's systemic racism
had led to the death of George Floyd.
And then you looked at the facts of the case
and it didn't look like Derek Chauvin
murdered George Floyd,
didn't even look like he manslaughtered George Floyd.
There was not even an accusation of racism in that case.
And so if you were just looking at that case,
the fact pattern of that case,
and then you were looking at Americans
going after each other
and then riots to the tune of $2 billion over that case,
you would say, this is nuts.
And we are consistently doing this now in America.
We are taking outstanding circumstances
and circumstances that are few and far between,
incredibly rare with particular fact patterns.
And then we are using them as ways to project
our own dyspepsia with America
and with our fellow Americans onto those cases.
And it's inappropriate and it's wrong.
Each one of these criminal cases deserves actual attention.
Instead of us just jumping to the conclusions
that we are looking for based on our priors,
we should be looking at the fact pattern.
So let's begin with filicide.
So filicide is when parents kill kids.
Very uncommon.
This is why I'm saying this.
The reason I'm saying this is because
when you try to project onto extraordinarily
uncommon circumstances,
your particular life circumstance,
your point of view,
America more broadly,
the patriarchy,
your experiences with your kids,
you're doing it wrong.
Filicide is very, very rare in the United States.
And multiple filicide by mom
is vanishingly rare in the United States.
There are about 3.6 million births per year
in the United States.
There are somewhere between 450 and 500 cases of filicide
every year in the United States,
which accounts for about 2.5%
of all US homicides annually.
Most of them are by men.
Most of them are single homicides.
There are about 15 to 20 cases of multiple filicide,
meaning multiple kids killed by a mom
in the United States each year.
Because they are so rare,
that is why we know the names of people
like Andrea Yates or Lindsay Clancy.
Because it is not, in fact,
a commonplace occurrence for a mom
to kill multiple children.
The reason I'm pointing this out again
is because if you are taking away
from Lindsay Clancy's cases
that she is just like you,
you are doing it wrong.
Or if you are taking away
from Lindsay Clancy's case
that women be cray generally,
you are doing it wrong.
And there are good studies
that have been done on filicide
and its connection to postpartum psychosis
and other forms of mental illness.
There was one from 2007
in the World Journal of Psychiatry.
And it describes this phenomena.
It says, quote,
a lesser threshold for hospitalization
should be considered
for mentally ill mothers of young children
due to the possibility of multiple deaths
from a filicide suicide.
Factors which potentially merit
psychiatric hospitalization
include maternal fears of harming their child,
delusions of their child's suffering,
improbable concerns about their child's health,
and hostility toward a despised partner's
favorite child.
Psychotic mothers who fear that their children
may suffer a fate worse than death
due to persecutory delusions
should either be hospitalized
or separated from their children.
These mothers may be reluctant
to share their delusional ideals.
Now, again, why am I reading that?
Because so much of that seems to describe
the fact pattern that we're actually looking at.
As we'll discuss,
Lindsay Clancy,
either according to the prosecution,
believed she should kill her kids
because her kids were an obstacle
to her killing herself,
or according to the defense,
she did so because a voice told her
that she needed to kill her kids.
Either way,
one of the things that is interesting
and fascinating about this case
and the practice of psychiatry generally,
psychiatry is extraordinarily imprecise.
You can have a series of symptoms
and that series of symptoms
can be put into a basket of categories.
There are multiple diagnoses
that can be made of any basket of symptoms,
particularly when you're talking about
complications arising from drug interactions.
That is just a reality of psychiatry.
As I say,
when it comes to psychiatry,
it is essentially a more sophisticated version
of the shaman who's using various berries
to treat various symptoms.
It is trial and error.
You have to determine whether a symptom abates
or whether it exacerbates.
You then have to titrate up or titrate down.
You have to determine whether you need
a second medication
in order to deal with secondary effects.
Psychiatry is extraordinarily imprecise.
Diagnosis is imprecise.
Prognosis is imprecise.
All of it is extremely imprecise,
and that is complicated by the fact
that unlike other health conditions,
psychiatric conditions,
because so many of them are internal,
you can't see inside somebody's brain
the way that you can just x-ray a leg,
that means that very often
you don't even know
the internal psychiatric symptoms
of a person who is under psychiatric care.
They may be lying to you,
as that study says.
Mothers may be reluctant to share delusional ideas.
Why? Because they're afraid
the kids will be removed from them, for example.
Some Lindsay Clancy cases we'll discuss,
the defense is going to argue
that actually Lindsay Clancy
was not even telling her psychiatrist everything,
which again is not rare.
It is in fact quite common.
In normal psychiatry,
let alone postpartum psychosis
or heavy drug interactions or suicidality,
people are not always honest
with their psychiatrist.
Okay, so in the Lindsay Clancy case,
the charges that were put before the jury
were put before the jury
by Judge William Sullivan,
and here is what he explained.
The Commonwealth must prove
beyond a reasonable doubt
that any mental disease or defect
that may have existed
did not deprive the defendant
of her ability to behave as the law requires,
that is to obey the law.
Okay, so under Massachusetts law,
basically there are a few requirements
in order to determine
whether the insanity defense applies.
One, she had to understand
the nature of what she was doing.
For the insanity defense to fail,
she had to know what she was doing.
Two, she had to appreciate
that what she was doing was wrong.
You have to know that murder is wrong.
You can't think that murdering somebody
is right at the time.
And or she has to be capable
of conforming her conduct
to the requirements of law.
Now, there are a series
of potential verdicts
that we'll get to in a moment.
There are nine women
and three men on the jury.
The four person is an older woman.
People are immediately, again,
projecting their beliefs
about the gender split
in American politics onto this jury.
It's a heavy female jury,
therefore they're going to acquit.
I don't know.
I don't know what they're going to do
because again,
the fact pattern here is very complex
and also very vague.
Right now, she faces three counts
of first degree murder.
First degree murder
in Massachusetts means
that Clancy intentionally
killed her children
with deliberate premeditation
or under a prosecution
of their theory
with extreme atrocity or cruelty.
Now, there's no question
extreme atrocity or cruelty
is a part of this.
No question.
There's no way to read
the 911 transcript
and not have your heart break.
I mean, it's truly devastating.
And as far as deliberate premeditation,
clearly there is planning.
But again, the question is intent.
Mentally ill people,
like truly mentally ill people
cannot have the requisite amount
of intent.
They can't have the so-called mens rea.
They can't have the mindset necessary
to actually be able to commit a crime.
Because again,
if you are mentally ill
to the extent that you can't determine
right from wrong
and that you're not capable
of conforming your conduct
to the requirements of law
or understand the nature
of what you're doing,
that's the insanity defense.
So if she's found guilty
of first degree murder,
mandatory sentence of life in prison
with no possibility of parole.
If she is found not guilty
by reason of mental disease or defect,
she won't face prison time.
But she's not gonna walk away.
I said this on the show last week
and people are like,
well, you know,
she theoretically could.
She's not going to walk away.
Under Massachusetts law,
there is no time limit
for involuntary commitment
at a mental health facility.
Andrea Yates,
similar case back in 2001.
She drowned five of her children.
She eventually was acquitted.
She's still in a mental facility in 2026.
So the judge is now offering
sort of a Chinese menu
of possible charge options.
I don't like when judges do this,
by the way.
I think it probably
ought to be legally barred.
If a judge is offering
several duplicative charges
in the attempt to get somebody
to say yes to a conviction
and then we'll figure out
the charge later,
I just think that's
bad prosecutorial practice.
But a couple of the other
charge options that were added
at the 11th hour include
second degree murder
in which the jury would have to find
that Lindsay Clancy intentionally
killed her children,
but without premeditation
or extreme atrocity or cruelty.
Again, I'm not sure how that helps
the prosecution.
Because again,
the intent is the question.
And manslaughter,
which would require jurors
to find that Clancy
caused her children's death
through wanton or reckless conduct.
And again,
wanton or reckless conduct
typically when it comes to manslaughter
is like you were driving drunk.
We'll get into the entire timeline
of what happened
in the Lindsay Clancy case first.
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And so now I want to get
into the timeline of the case
and then we'll get into
the prosecution's case
and the defense's case.
The timeline of the case,
December 2016,
Lindsay Clancy and Patrick Clancy
are married.
About a year later,
their daughter Cora is born.
In 2019,
their son Dawson is born
and in 2022,
Callan is born.
Those are the three kids
and these are very,
very small children.
Friends, relatives,
co-workers, teachers,
a nanny and Patrick
all described
Lindsay Clancy
before the psychiatric decline
as attentive and organized
and loving and active
and very, very involved
with the kids.
After the birth of her last child,
Callan,
apparently,
she started to go into
significant mental decline.
In September 2022,
she had massive increases
in anxiety
as her return to nursing approach.
She searched for psychiatric help
and she was diagnosed
with generalized anxiety.
September 15th,
her psychiatrist,
Dr. Jennifer Tufts,
prescribed Sertraline.
The defense said that
Clancy's mood and agitation
worsened with antidepressants.
The Commonwealth emphasized
contemporaneous notes
did not document psychosis or mania.
Now, again,
as we'll discuss,
not every symptom
gets described to psychiatrists.
This is part of the problem
with insanity defense claims, right?
Is that not everything
is well-documented
and also high anxiety
can manifest in things
that look like psychosis,
but aren't quite psychosis
and aren't quite mania.
In October,
she started tele-healthing
psychiatric treatment.
Her notes and messages
started reflecting anxiety,
sleep trouble, guilt,
and feeling disconnected.
Late October,
she had an adverse reaction
to an SSRI.
They then added lorazepam.
Hydroxazine and buspirone
were also used.
Now, again, as I said,
very often in psychiatry,
what will happen
is that somebody is put
on a medication,
they have an adverse reaction
to the medication,
a secondary symptom arises.
And now,
in order to deal with
that secondary symptom,
you put a new drug
on the premises, right?
You start taking
more than one drug.
In October 25th,
she wrote about resentment
that her older children
prevented her from experiencing Callan
as though he were her first baby,
followed by a wish
to feel love and connection.
November 16th,
she went to South Shore Hospital's
emergency department for insomnia
and she was prescribed trazodone.
And then,
a little bit later,
she connected with a psychiatric
nurse practitioner named Julie Paul.
The intake documented
severe anxiety,
insomnia, and depression.
They added on fluoxetine,
trazodone,
mirtazapine,
hydroxazine,
buspirone,
lorazepam,
quetiapine.
All of these show up.
And again,
this is the,
it's very, very difficult.
You're dealing here
with brain chemistry.
The brain is not well mapped.
It's just the reality.
In November 29,
November 29th,
the end of the month,
there was a text suggesting
that she'd become dependent
on a benzodiazepine.
She started having suicidal thoughts.
On December 4th,
she contacted a suicide hotline.
On December 6th,
Patrick expressed concern
she was overmedicated.
For the next couple of weeks,
family texts described
sleep problems,
fear, hopelessness,
medication reactions,
repeated attempts to obtain care.
Her Edinburgh postnatal
depression scale
was reported as 23
and later 17.
Those are both clinically significant.
Again, the way that you
typically diagnose
psychiatric conditions
is an actual checklist.
And if you hit a certain number
on the checklist,
then you are considered
to have the condition.
As I say,
psychiatry is very,
very rudimentary.
I keep saying that
because it's important
for people to understand it.
People think that
treating the brain
is like treating
other parts of the body.
It really is not at all.
In late December,
Patrick later told investigators
she had disclosed suicidal thoughts
and thoughts of harming the kids.
Several treating clinicians
testified she denied
homicidal intent
or psychosis to them.
So again,
this goes to people
don't tell their psychiatrists
the truth all the time,
which informs some of the testimony,
as we'll see in just a second.
December 30th,
she went to Massachusetts
General Hospital's
emergency department
and then entered
McLean Hospital voluntarily.
From January 1st to 5th,
she was on voluntary
psychiatric hospitalization there.
Dr. Aaliyah Goodhart
testified that Clancy
was depressed and anxious,
had reported suicidal thinking
and wanted help.
She did not show
psychosis or mania
during the admission,
denied a current plan,
identified the children's
reasons to live
and sought discharge.
And she was prescribed
yet more trazodone and lorazepam.
She had follow-up with
Dr. Tufts January 6th.
She was taking a huge cocktail
of drugs January 9th through 16th.
Her device history,
her search history showed
searches concerning
drug interactions,
sleep deprivation,
psychosis symptoms,
schizophrenia,
hallucinations,
intrusive thoughts,
depression,
bipolar disorder,
and suicide.
The prosecutors would later argue
that she was basically
searching up
rationales that she could later use
to defend against her actions.
But defense would argue
she was searching that
because she was suffering from it.
A January 20th query asked,
can you treat a sociopath?
The prosecution argued again
that all of this showed
self-monitoring
and concealing planning.
And the defense said,
well, the reason that you are
searching up hallucinations
is because you're having them.
The defense also elicited
records of searches
about carotid artery,
cutting the throat
and disabling airbags.
January 24th was the day
of the murders, 2023.
Cora, the oldest,
attended a routine
pediatric appointment.
The family played in the snow
and built a snowman.
4.13 p.m.,
Apple Mac's activity
examined the route from the home
to 3V, that's a Kingston restaurant.
The prosecution characterized
this as calculating
how long Patrick would be away.
The defense noted
route searches are routine
when ordering food.
At about 5.15 p.m.,
Patrick testified
he left first for CVS
and then for 3V
to pick up the food.
Before leaving,
he saw Dawson eating
and he said,
Clancy sounded and acted normal.
At 5.23 p.m.,
sorry, at 5.32 p.m.,
CVS surveillance showed
Patrick entering the store.
5.33, there's an incoming call
from Patrick to her,
followed by a 14-second
outgoing callback
from Clancy
while the phone remained locked.
Apparently, she sounded normal,
according to Patrick,
but he recalled an impression
she might be in the middle
of something.
5.54, he showed up
at the restaurant.
6.09, he returned home
with the food.
He found the primary bedroom
door unlocked.
He forced the entry.
He saw blood and an open,
broken window
and looked outside.
And Clancy was lying injured
in the yard below.
She, of course, was paralyzed
from the waist down.
She'd cut herself
and she jumped out the window.
He asked where the children were
and she indicated the basement.
He found Dawson alone
in a rear basement gym office area,
shirtless and wearing a diaper.
Cora and Callen were together
elsewhere in the basement.
Resistance bands
were on or near their necks.
Patrick removed the bands
and began resuscitation.
At 6.11, he called 911.
The 911 call is absolutely horrifying.
The investigators immediately
started an investigation.
January 25th,
they seized all the materials.
The children's toxicology
was negative for sedation
or poisoning substances.
There was no evidence
they'd been drugged.
And she was charged
February 7th, 2023,
with three counts each
of first-degree murder,
strangulation or suffering
and assault and battery
with a dangerous weapon.
There were 21 days of testimony.
There were some 85 witnesses.
And we're going to go through
some of the key witnesses here.
Yesterday was the closing arguments.
Lindsay Clancy herself
did not testify before the jury.
Now, again, that is not a rarity.
Very often, the person at issue
doesn't testify
because they don't want to be
subjected to cross-examination.
And the jury was told
you're not allowed to draw
adverse inference
from her decision not to testify.
Again, her affect in the courtroom
was a major issue
because people were saying
that she looked cold
or disconnected.
Again, it is unclear to me
at this point.
I assume she's still on
a significant cocktail of drugs
at this point.
Now, we're going to go through
the prosecution case.
So the prosecution
basically argues here
that Lindsay Clancy
was profoundly depressed,
but she was not psychotic.
They argue that she knew
exactly what she was doing,
that she understood
that it was wrong,
and that she deliberately
executed a plan to kill her kids
and then commit suicide.
The prosecution says
that she was desperately
unhappy and suicidal,
and that she had come
to view her children
as an obstacle to killing herself.
So in that theory,
killing the kids
was part of a rational plan.
Basically, if I kill the kids,
then I can kill myself,
which theoretically is different
from a psychotic delusion
and voices made me think
that killing the kids
was necessary or morally right.
So they would need to establish
that whatever her
psychiatric problems,
they did not deprive her
of criminal responsibility.
So that is their case.
In a moment,
we're going to go through
the prosecution witnesses,
the defense witnesses,
and the rest of the case.
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So the prosecution witnesses
included Patrick Clancy,
who's her husband.
He testified that Lindsay said
she had heard a man's voice
telling her to kill the kids.
Again, the prosecution would argue
and have expert witnesses argue
that she made this up later.
This is afterward.
But going back
to that first part,
she said she had thoughts
of harming the kids.
Is that correct?
Yeah.
And did she tell you
whether or not
she had specific thoughts
of how she would harm the kids?
No.
And she didn't describe that
as hearing this external voice
telling her to harm the kids,
correct?
Correct.
A few days after this happened,
did you receive a phone call
from the defendant
while she was at
Brigham and Women's Hospital?
I think it was
like a week or so after, yeah.
And what did the defendant say
at that time
about what had happened
with the children?
She didn't talk about our kids.
She talked about
what she went through.
And what did she say
about what she went through?
She said she heard a man's voice
telling her that
if she didn't do it now,
she would lose her chance.
So again,
that is him testifying
that that's what Lindsay said later.
Now, her chief psychiatrist
throughout a lot of this period
was Dr. Jennifer Tufts.
She claims that there were no signs
of psychosis or mania.
Now, again,
I'm not accusing Dr. Tufts
of saying something
that is untrue.
I will say that
if there were signs of psychosis or mania
and Tufts had missed them,
that would have been a problem, obviously.
You were asked about your
January 23rd, 2023
session with the defendant.
Defense counsel asked
if you had recommended
a hospital evaluation
for her on that day
and you said no.
Why not?
Because she was
completely denying
any suicidal ideation
or homicidal ideation.
There were no signs of psychosis
or mania.
So there were no
serious
signs
that her safety
or that anyone else's safety
was at risk.
And during that session,
did she ever tell you
that she planned to harm herself
or the children?
No.
Now, again,
as we'll talk about
and the reason I keep putting focus on this
is because
I think it is true.
Just because a psychiatrist testifies
that a person who is
psychotic
is not fully psychotic
or is not expressing.
Many people who have suicidal ideation
will not tell their psychiatrist
they are suicidally ideated.
Now, again, maybe she did
or maybe she was not suicidally ideated
and actually this whole thing was a plot.
I mean, that is the question of fact
that is being presented.
So again, the prosecution's case is
that she was not psychotic,
that she was depressed,
but not psychotic,
and she was not in the throes
of a manic episode.
Sometimes a manic episode
in Bipolar One
can manifest as hallucinations
and hearing of voices, for example.
They're saying none of that happened.
So the prosecution also called a
Dr. Gregory Sadhoff,
who's a forensic psychiatrist
for the FBI
for counterterrorism,
who says that she did this quickly
and methodically.
Did the defendant tell you
that the voice told her
where to kill the children?
Did the voice tell her
how to kill the children?
No.
Did the voice tell her
what to use to kill the children?
Did the voice tell her
in what order to kill the children?
No.
Did the voice tell her
where to try to kill herself?
No.
Did the voice tell her
in what way to kill herself?
No.
The fact that the voice,
according to the defendant,
the voice didn't tell her
any of those things,
but instead just said
kill the kids so you can kill yourself.
Is that significant
in your evaluation in any way?
Yes.
How so?
Well, in the small amount of time
that Ms. Clancy had
in the home without her husband,
it was important
in order to carry this out,
as well as her suicide,
to do this quickly, methodically,
and the like.
And so basically the case
that he's making is
that she didn't hear a voice.
The voice is made up.
She knew that she had to act quickly.
In order to dispose of the children,
murder the kids
before her husband got home.
The prosecution also called
a forensic psychologist
named Dr. Kirk Heilbrunn.
He said that she had bipolar 2,
not bipolar 1 with manic episodes.
So again, the difference between
bipolar 1 and bipolar 2
is that bipolar 1 requires
one full manic episode.
A manic episode is
elevated, irritable, energized mood
that can manifest with hallucinations
and usually lasts at least a week.
So you're talking like
a major psychiatric episode.
Bipolar 2 usually requires
a hypomanic episode.
A hypomanic episode
is a milder form of mania
that generally doesn't
impede your functioning.
So the idea would be that
if she had never been diagnosed
with bipolar 1,
it would have been surprising
for her to hear a hallucination.
Now, there are cases
in which bipolar 2
has manifest with hallucinations,
but this is Dr. Heilbrunn.
I ended up with a diagnosis,
making a diagnosis
of bipolar 2 disorder,
which is a slightly less,
not slightly,
it's a less severe form
of bipolar disorder.
And doctor, why did you,
why did you diagnose
with bipolar 2 and not bipolar?
Because bipolar, as I said,
is a more severe kind of diagnosis.
It's more noticeable.
And if you had a bipolar diagnosis,
then I would want to see
something that looks,
that clearly and definitely
looks like a manic episode.
And I did not see any evidence
of that before January 24th of 2023.
Horrifyingly, Heilbrunn also testified
that Clancy told her kids
to go to God while strangling them.
Again, the case itself is horrifying.
And just on a level of pure,
unbridled evil action,
the immediate normal human response
is death penalty.
Obviously, clearly.
But that's not the question.
The question is, again,
the insanity defense here.
And further evidence that you saw
for the suicide
combined with ultrasick filicide?
There was.
One of the things that she said
when asked about what happened
is that in the course of
strangling each child,
she said, go to God, baby, go to God.
And that was part of her expectation
that she and the children
would be together in heaven with God.
One Dr. Avram Mack also testified
for the prosecution
is a forensic psychiatrist
that she retained capacity
required for having
criminal responsibility,
which, of course, is the entire question.
It's whether she had the mental capacity
to know what she was doing was wrong
and knew what she was doing
as she was doing it.
The various mental status examinations
done by the doctors at the Brigham
generally showed normal mental status.
One particular portion
of the record reviews
their review of whether or not
she had the ability to make a decision,
in this case,
a change to her health care proxy.
And so the physicians there
were able to examine her
closely in order to understand
that she did have decision
making capacity.
And that's an example of
something you reviewed in the record
that was close in time
to the incident itself, correct?
Yes.
And so the closing argument
was made by the Plymouth County
assistant DA woman
named Jennifer Sprague.
And she said, again,
the descriptions here
are pretty horrifying
because the case itself is horrifying.
Here she was talking
about the bodies of the children.
To kill them.
And she left them there on the floor
with the bands around their necks.
She didn't bring them up to their beds
and put them
with their favorite stuffed animal
and cover them up gently and lovingly,
leaving them peacefully there.
No.
She left them
discarded on the basement floor
like broken toys
because she was done playing the game.
You know, to a moral certainty,
she is guilty.
So Sprague's case was that
there was a rational order
to the killing of the kids.
And because she demonstrated
planning capacity,
this means she wasn't
mentally ill at the time.
The defense would argue, obviously,
that planning capacity
does not mean they're not mentally ill
when they're in the throes of doing stuff.
This, by the way,
that latter part is actually true.
There are people who are mentally ill
who have the capacity to plan action.
The question is whether they know
the difference between right and wrong
when they're doing it.
Again, I keep coming back
to the legal standard
because that's the issue of the case.
Here was the assistant DA Jennifer Sprague
on the rational order
of killing of the children.
You know, it was deliberate premeditation
because of the way she killed them
and the way they died.
And the order also shows a rationality.
The order she killed them in.
Because Cora and Dawson are older.
If she had tried to strangle
one in front of the other,
they would have known this is bad.
And they would have tried to intervene
or run and hide.
And she had a very limited time.
She didn't have time
to try to find a child
who ran off and hid.
So taking Dawson first
and moving him to a separate room,
having Cora stay with Callan
and having Dawson go in another room,
that's rational.
That makes sense.
That's ordered thinking.
Now, again, you could theoretically
have ordered thinking
within a disordered mind.
That happens fairly frequently
with mental illness.
But the case that the prosecution
is making is that her entire goal
was to kill the kids.
And not only that,
the prosecution actually argued
that she was not fully attempting
to commit suicide.
That if you're trying to kill yourself,
then you actually cut yourself
in a different way.
And you don't jump
from a second story window.
You jump from a higher height.
Here was the DA.
She cut herself.
But you saw the cuts
on the meaty part
of her arm horizontally.
No arteries,
no major blood vessels.
Didn't need to be stitched
the next day.
Then the one on her neck
didn't need to be stitched at all.
She knew as a nurse,
those weren't going to kill her.
But she was trying.
And then going out of the window,
12, 13 feet,
she landed the wrong way
and ended up paralyzed
on the frozen ground.
But, you know,
the idea that falling out
of a 12 foot window
is going to definitely kill you,
not necessarily.
Okay, so then the DA argued
in the end,
she was depressed,
but not psychotic.
And this is the case
of the prosecution.
She was depressed, right?
And she was trying
to deal with that,
trying to get help for that.
But it wasn't the fault
of the providers
that she was struggling
with this.
Or that she wasn't
getting better.
They were doing
the best they could.
You have the records,
you heard the testimony.
They were doing
the best they could
with the information
she provided them.
And that wasn't always
accurate information.
That wasn't always
the full picture.
And they were doing
the best they could
with her level of cooperation
and compliance with the plan.
Okay, so that is
the prosecution's case.
The defense, by contrast,
argues that Lindsay Clancy
was suffering from severe
postpartum psychosis.
And that that was
actually superimposed
on bipolar depressive illnesses
and exacerbated
by bad psychiatric treatment
and mixed medication.
And they presented
a lot of medical evidence
talking about everything
from suicidal thoughts
to severe insomnia
to medication problems
to psychiatric treatment
and ultimately psychotic symptoms.
So the defense
called a bunch of witnesses.
Those witnesses included
Lindsay's mom,
who read a text
from Lindsay Clancy
asking for help
about three months
before the murder
of her children.
If this is a copy
of the text
that you're referring to.
Yes, it is.
Would you read that
for the jury?
Mom, will you please
come up and stay
with me for a bit?
I'm really sick.
Something is wrong.
I had horrible insomnia
all night,
and I just don't know
how I'm going
to get through the day.
I started taking the medicine
my doctor prescribed
for anxiety,
and I think
it's made things worse.
It's just really scary,
and I don't want to be alone.
This is three months
before the killing.
Dr. Philip Resnick
is one of the doctors
who was called to testify,
and he says that Clancy
was psychotic on that day.
Ms. Clancy's case,
she had not only
a command hallucination
on the day
that she killed her children.
She had what is known
as a delusion of influence
that is not only
did she hear a command,
but she felt that her body
was taken over
by an external force
where she was in
a dream state
and did not have
control of her own body.
It was almost like
she was a puppet
and someone else
was pulling the strings.
Another defense witness
at Dr. Donald Conde,
clinical and forensic
psychiatrist,
explained that it's also
possible that she was lying
to her own care providers
about her symptoms
because she wanted
to be with the kids
and she knew that
if she testified
to her psychiatrist
about what was happening,
that the kids
might be removed from her
or she might be
involuntarily committed.
Would you agree
that there are reasons
that a woman would not
tell the doctor
or minimize their symptoms
out of fear?
Yes.
What kind of fear?
Fear of what?
Well, in the records,
it's stated that
Ms. Clancy reported
she was worried
that her children
would be taken
away from her,
perhaps by the Department
of Children and Families,
if she reported
very severe symptoms.
The other thing is,
as a health care professional,
boards of registration
sometimes take a dim view
of people who have
been in treatment
for certain
psychiatric illnesses.
And so she might have
been concerned
about her nursing license,
but that's speculation.
So there are other reasons
why a person
may be concerned
about telling
health care providers,
mandated reporters,
that they're hearing
voices, correct?
Yes.
The Clancy defense attorney,
Kevin Reddington,
his concluding argument was
she went from
happy mom,
happy family,
to this horror show.
That's mental illness.
It's a picture of the family
with the kids.
It's a picture of her
in her hospital bed,
paralyzed from a voice down.
Because of the damn medicine
and the lousy medical care
that she got.
You can troop
as many paid experts
as you want
to come in here
and tell a jury,
oh, well,
she didn't say
that she heard voices
inside her head.
She said she heard voices
from outside her head.
She said she was
making chicken McNuggets.
There was a bowl on the sofa.
She wasn't making
chicken McNuggets.
She said something.
As I think and I muse
and I try real hard
to tell you
what my opinion is
that this woman
was acting
in her right mind
when these children
were killed.
So, many people are taking
a lot of messages
away from this.
As I said at the top,
I don't see how you can.
This is an open
question of fact.
This case is an open
question of fact.
When people show up
and they protest
outside the courtroom
and they project
their own feelings
onto a case
that is horrifically terrible,
a tragedy in every element,
an act perhaps
of the gravest evil,
when you project
your own issues onto that,
you're doing something wrong.
And that is true on all sides.
All the hot takes
on every one of these topics,
they need to stop.
They're bad for the country.
And they're also just
bad thinking.
Rikki Schlott
spoke with some
Clancy supporters
outside the courtroom
for the New York Post.
And she described what she saw.
As much as we might want
tangible symbols
or stories that reflect
our critiques of society,
sometimes things
are just not that clear.
And while, yes,
I think that some
of what the supporters
were saying were callous,
I think it was also
the result of a lot of
just genuine suffering
that brought them here.
And in some ways,
one woman told me
that this was therapy
for her as she sat
beside the ashes
of her own child
who took his life.
And she blames a failure
of the mental health system.
And, you know,
I think that's probably
the best snapshot
that I can give
of how people are doing
and why people are here
in the first place.
Now, again,
I don't think people
should be there
in the first place.
I think there are a lot
of reasons to be concerned
about women's health,
lots of reasons to be
concerned about psychiatry.
But turning this into
a political football
is, to me,
an act of patent looniness.
I see no rationale
for it whatsoever.
Well, Clancy's defense
attorney, Kevin Reddington,
he politicized it himself.
He came out and he said
that Clancy is concerned
about women's rights.
What in the world
are we talking about here?
What are we talking about?
What the hell
does this have to do?
A woman does not have
a right to kill
her children, obviously.
What does this have to do
with feminism
or women being put
under the boot of the patriot?
What are we even doing here?
Why?
Why are we doing it?
Such a marvelous,
sweet, innocent person.
She's just amazing
and so strong
and just trying so hard
to get up from...
She's just been beat down
for three and a half years
and she feels that
she's had a fair trial
with the judge
and the jury's been
very attentive
and all we can do
is hope for the best.
You may not answer this,
but the women
that support her,
do you want to say
she said anything about
women raising postpartum,
psychosis?
She's very concerned,
especially as a labor
and delivery nurse.
She's very concerned
about women's rights,
the fact that women
are pretty much marginalized.
I think it's readily apparent
that DSM is a joke.
I couldn't get into
the social implications
in the trial,
understandably,
but if the United States
would take a lesson
from Europe,
Belgium,
England,
France,
Peru,
a lot of these countries,
they take care of their women
that have psychosis,
keep them with their babies.
They don't rip the babies
away from them
and put the women in jail.
I mean, I'm sorry,
this is not a moment
for political activism
when your client is on trial
for a triple homicide
against her own children.
So the jury is currently out.
They've asked for
some additional pieces
of evidence.
They sent a note
to the trial judge.
Apparently they asked
to see two bags of pills
that were entered into evidence,
along with the knife
that Clancy used
in her suicide attempt.
I'm not sure exactly
what they think
they're going to find there.
Maybe the idea is
that she was overmedicated,
look how many pills this is,
or maybe they're trying to see,
you know,
how big the knife was.
Was she really
trying to hurt herself?
Was it big enough
to really hurt herself?
How sharp was it?
I'm not sure what
they're looking for there.
Okay, so I told you
I would get to my take
where I am the jury.
The burden of proof here
is very, very high
for the prosecution,
very high.
Because again,
the behavior here
conforms with
the mental illness theory
of the case.
Were this a preponderance
of the evidence case,
meaning like civil standard,
preponderance of the evidence
just means a majority
of the evidence,
then I might be inclined
to convict.
Were I on the jury,
I would be inclined
to find for the defense
on the basis of
the insanity defense,
I would.
And then I would,
and then I would hope and pray
Lindsay Clancy
ended up involuntarily committed
for literally the rest of her life,
which is what happened
to Andrea Yates.
But that is just me
following the facts.
And I can find,
I can see others
who follow the facts differently.
My friend Allie Beth Stuckey,
for example,
she followed the facts
and found the opposite conclusion.
This is one of the reasons
why I'm sort of perturbed
by the radical polarization
in opinion over this case.
The fact pattern just is not clear.
The fact pattern is complex.
The burden of proof
on the prosecution is high.
And so I think if everybody
had a little bit more grace
for one another
while looking at the actual fact patterns,
it would be a lot easier
to come to the proper conclusions
from this case.
And the proper conclusion
from this case
is that horrible tragedies happen.
Psychiatric care in general
is extraordinarily blunt instrument.
And that sometimes acts of horror
and acts of evil
don't have the marks of clear justice
that we would like to see in life.
I wish they did.
But to pretend away the complexity
in the name of political narrative to me,
it's bad for the country.
It's bad for our justice system.
It's just not great in general.
That's the end of my story here.
