Lindsay Clancy murder case: Clancy's lead attorney speaks out

Obviously this is not a time for gloating, bragging, expressing victory. It's a very sad case. Cruz knows that he was crushed. He doesn't have a case. He doesn't have to stand here and say that he's advocating on behalf of the victims and then look down to see what their names are. I'm representing a woman who is a fantastic, wonderful individual. This woman is so brave, so awesome. Every day she came in this courthouse, stood tall, no pun intended, the poor thing is in a wheelchair as we all know for the rest of her life, sat there through seven weeks of the trial where nobody had anything bad to say about her except for the two prosecutors and apparently Tim Cruz. She had people that would meet her, nurses that would know her, that would visit with her, the chaplain who never knew her from Brigham and Women's who went for three years and continues to visit with her because of the type of person she is. And it's not right what she had to go through because she grieves the loss of those three children, Cora, Dawson and Callan, because I know their names. I don't have to look down at a piece of paper and find out what their names are. And every time somebody had something to say about those young kids, Lindsay would smile and say, I'm glad. She wants them to be remembered. Where do I begin to thank these jurors? Minus one. The four lady of the jury, I was so proud when she indicated after the judge sent them back to deliberate, indicating that one of the person would not listen to the law. And then she came back immediately with the question stating that this is one individual's 11 to one for an acquittal and one individual who recognized that there was reasonable doubt and refused to apply the law. So you don't stand here on a bunch of microphones and crow about your victory because you, Tim, were crushed as well. You should have been. And I just have to say that people behind me, unbelievable. Patrick, my son, Pat, attorney who helped us out through the course of this trial and thinks of Lindsay as a sister. Dan Nardo from Nardo associates. Bob Jones, my friend and private investigator who ran down leads and would travel all over the South shore to find records and documents. Steve Verano guys like my brother. It's amazing the work that he did doing the phone dumps and all of the technicality in this case, giving me instructions on how to question witnesses with little arrows. Do A to B because he knew that I know nothing about that stuff. My friend Paul Mosher and the guy who has been with us from the very beginning. My friend like that was a bad thing who went to the hospital and saw Lindsay in the condition she was in. So I want to thank these people. My office manager, Laura Mather is amazing. My wife, Deb, who has just been a source of support for me when I would have emotional fits over this case. And all you people, I'm going to miss you all. That's the plainer phrase. We'll be back. Kevin, what do you think about that? Not good. Not good. They know that they were robbed by one man for whatever his agenda was, who stole seven weeks of the life of these other jurors that was so attentive, so beautiful, so wonderful. And listen to this evidence and you could see how defeated they were sitting there. And I got a funny feeling that they would have gone on for another week if they had to. So I hope that guy can sleep well at night. So Judge Sullivan is indicating that we're looking at sometime in the fall and she'll be ready. She'll be ready. Kevin, over here, please. What would you say to that juror, that man that you just spoke about? What would you say if he could talk? I think I'll defer on that. What about the judge in this case? Do you think he really delivered that human robbery as correctly? Well, as he said that, you know, he knew that I wanted him to deliver it with a little more pizzazz, I think was the line. But, you know, Judge Sullivan is by reputation known to be one of the best judges in the state. He's just a wonderful, wonderful man. He's got compassion. He's fair to jurors. He loves jurors. He's fair to the staff. And while I think about it, the people in the courtroom, Chrissy, the voice recorder, and Don, John, amazing. And the people that took care of Lindsey, the nurses, unbelievable. The court officers, Emily, all such wonderful people. I think Mr. Cruz should revisit his facts and see whether or not he can even prove the case before he worries about whether or not they can bring those hired guns in. I wouldn't even call them hired guns, hired water pistols, and bring them in and have them testify as they did. They were totally incredible, unbelievable, and absolutely a waste. If this goes to a retrial, you seem to think it will? I want the same 11 jurors. But I'm wondering, is there a jury in Plymouth County who can agree on this case? Oh, whether or not they could agree is one thing. Obviously, if we didn't have that one individual, we would have had a verdict and we would be out of here. But I don't know if we will ever be able to get jurors that aren't aware of this case anywhere. New York, Washington, Georgia, Japan, India, I don't know, anywhere. Kevin, what do you think about Patrick Clancy and his testimony? He testified, jurors weighed his testimony, and you know, I mean he, you heard, well no you didn't. Most of you didn't hear the 9-1-1 tape, but it was very important. I'd have Dr. Zeisel, Dr. Kondi, Dr. Resnick, the same triumvirate, they'll be ready. But nothing different? No, it doesn't have to be. You said you were ready to retry this on Monday, do you still feel like you can turn this around that quickly? Yeah, absolutely. Can you feel there is something you would do differently with the second trial? Why would I? I won the case. What are you talking about with Patrick Clancy? You know, talking about the Clancy children. How are they going to change things up? I mean, they're going to come in, they're going to have the same witnesses, I can change up quicker. I think, if anything, this case showed clearly and unequivocally the woeful deficiency that women have when they're pregnant, when they have babies, and God forbid when they're on medication because of postpartum depression, postpartum psychosis. It's just horrible what we saw in this trial. And maybe things have to change, and I hope that this case gave it an opportunity to turn it around. It might be the spark that lights the fire. What about it? I'm sorry. The unprecedented weight of this case. Why do you think it went this way, you know, with that one juror fighting this case? I don't know. I don't know the man. I don't know what his background, his feelings are. I don't know. I mean, our jury system, we like to say that people have a right to have their opinions and stand by their beliefs. I don't have a problem with that. I do have a problem where 11 hard-working jurors, after all of those days of deliberation and a seven-week trial, say that this man had doubt but still would not apply the law. In that incredibly long trial, what were you saying to Lindsay to get her through it? And how will you prepare her to get through a retrial? And do you regret not putting her on the stand? So, I'm not going to get into any discussions I had with Lindsay other than the fact that she turned me on to Rascal Flatts. What did the juror say when they were all pulled? Did Lindsay ever want to take the stand? I'm sorry? Did he say he was following the instructions of the judge? You had the question. That's the same as I had. That's all I had was the question. Did Lindsay want to take the stand? Did she ever say she wanted to take the stand? Where will Lindsay stand before the retrial? Where will the what stand? Where will Lindsay stay? Oh, she's at Tewksbury. She'll stay there? She'll stay at Tewksbury, yes. And they're very, very nice people and they do a great job. Thank you, Kevin. Thank you for everything you've done. Kevin, the jurors were emotional today. Were you surprised by their reaction? No. They spent seven weeks of their life on this case and they were robbed, too. They should have been able to have. Kevin, would you like to see a jury request it? A request it? We'll see what the judge does. It's very unusual nowadays. Do you think that would make a big difference? I just have real strong faith in this jury. They were just incredible. No, I don't even think it makes a difference that they were home with their families. I don't believe these people violated any of the judge's orders. They were honest. They were hardworking. And no, I don't think it makes a difference. Kevin, why do you think so many women are touched by this case? Because of the woeful, deficient medical psychiatric care that pregnant women are getting. They're just dismissed. It's like, take this pill, take that pill, go away. Kevin, is Lindsey ready for a second trial? Is Lindsey ready for a second trial? Lindsey is very, very, very strong. She is a very, very intelligent young woman. Very emotionally invested. And just a tragic, she's a classic example of a tragic person. Her life is a tragedy. And she was robbed by this man. Did Mr. Cruz say anything about that from here? You guys, this is Philadelphia Live. Hopping back in here just to let you know that live now from Fox, we'll be continuing coverage of the Lindsey Clancy case. We're not going to let you guys miss any of it. Did Mr. Cruz say anything about that from here? He's not sure that he's going to decide whether there's going to be a retrial or not. If I was Tim Cruz, I would probably say I don't think I want to do a retrial because he's going to lose. Christina, I'm sorry. Are you planning a federal appeal? Dana Goldblatt from Northampton is the attorney that's handling any appellate issues that we have. She's a very, very, very sharp appellate lawyer. She feels strongly that we have a very, very good double jeopardy argument right now because of the significant mistakes that have been made up to this point, which you all witnessed. Kevin, are you frustrated with the judge's decision not to question the juror, the holdout juror, not to toss him ultimately? Yeah, it's easy to Monday morning quarterback. I think that, as he said, I wanted him to have a little more pizzazz. He did his best. Kevin, when you compare this to all your other cases, you've had a legendary career. What was different about this? She's like a daughter to me. So it was emotional. Kevin, have you ever tried to have a juror removed before in a trial like this? No, I don't think so, honestly. I don't. No. Have you ever tried to have a juror removed like that? That's what I said. No, I don't believe so. No, I don't believe I did. Can you talk a little bit about that juror and the representative's help? Again, if I were representing you and you told me what you wanted to do during the trial, I wouldn't tell all these people what you told me. That's law school 101. He's got a, you know, that's his testimony. People get nervous when they testify. They say things and they get confused. It's not easy to be on that witness stand. Just ask Dr. Mack. It was a horrible investigation. As I said to the juror, it was not even an investigation. What was in the cup? Does anyone know? Crushed what? Where is the pill crusher? It's not there. Where's the residue? It's not there. Who put the pill crusher somewhere? It's not outside. It's not on the floor. It's not in the drawer. So where did that go? Why didn't the police test it? We don't even know what was in that residue. We don't know about the door with the child safe. I could go on and on and on. It was a horrific investigation. If you guys go to a retrial, how do you ensure that you get an impartial jury given this media coverage and social media coverage? That's a good question. We have faith in the impanelment process. We ask the jurors under their oath if they have heard about the case or know about the case. And I think obviously in this case they will. But that doesn't mean that they're disqualified. They still are able to be good jurors if they feel that they don't have an opinion that would deprive the person of a fair trial. The fact that you know about the Unabomber doesn't mean that you couldn't sit in his trial as a fair juror. Would you request a bench trial? Is that something you're considering for a retrial? Again, you'd have to ask Mr. Cruz because I can't do a bench trial on a first-degree murder. If it's a second-degree murder, I could consider a bench trial. If it was second-degree murder, would you request that? I kind of like the jury, actually, after this trial. But that's something that we'd consider. Kevin, did the holdout juror have specific beliefs about mental health? You referenced that in your motion. I don't know. I have no idea what that guy was thinking of. I have no idea why he did what he did. I have no idea. Kevin, do you think Patrick has any responsibility in this tragedy? I think Patrick... You heard the 911 call. I think you can judge his credibility by that 911 call. I don't know what is in Patrick's mind. I mean, he testified, and the jury was able to evaluate him. Kevin, the poor man, he's been accused of murder over the course of your client's trial. I mean, people on the Internet, they're going to say... Regarding the people on the Internet, I certainly don't dismiss them. It's amazing what people on TikTok and on Instagram... I do know those things. It's amazing how they're able to ferret out facts and they do investigations. It's just truly amazing. This whole concept of the Internet, it really is. Kevin, I was just going to ask you, I mean, this is a crazy swarm of media. You've been here since we've landed. Deanna mentioned that we would walk with you into your car. I mean, this is quite something. What do you make of this spectacle? I don't think it's a spectacle. I think you all represent different people with different interests, different... What am I trying to say? People that watch television, they have different... What would you turn into a story that connected to some people? I figured it would have some connection with people dealing with postpartum depression, postpartum psychosis and the medical and psychiatric care. I didn't realize that it would be like this. Kevin, does the jury get any care after this? All the hard stuff they had to go through, watch. They spent seven weeks. They give them 50 bucks a day to sit there and go through this horrific stuff. No, they don't give them any counseling. They don't give them any care. They don't give them anything. They just say, thank you for your service and see you later. Do you meet with them today? Would you like to meet with them today? I would like to meet with... I'd like to meet with him. What would you say to clarify? I'd ask him why. Sir, that's for you. Would you like to dispel some of the rumors that we're seeing online about Patrick Clancy potentially being involved in this? Do you have anything to say about that? I said what I want to say regarding that in the trial and we'll see where the case goes the next time around. If, in fact, it does go to trial. Kevin, for everything the trial brought up, we heard from the district attorney, the victims are the... Yeah, my response is why did he have to look down and read off their names? And my client is well aware of the fact that her three kids, who she loves, loved dearly are the victims in this case. Kevin, can you touch on your team and some of the people that have come out? Do I have to give you a hug? Yes. Yeah, sure. Paul Zeisel, psychologist. My man, Mr. Moshe, good friend of mine. My right arm here, the fellow who does all of the phone dumps, all of the technical stuff, Mr. Barineau, without whom I would not have been able to handle any of their questions. Bob Jones, who I could call him at 1 o'clock in the morning and say, Bob, I need this done, I need that done, and would be in the courtroom the next day. Including, I might add, the very last thing, when I said, oh, I have it here, it's because he just brought it in, and I think Don or someone told me that he came in and it was there, and I pulled it out of the thing and we had it. Dan Natto, Natto Associates, is my agent, as it were. And Patrick, we all know Patrick. He gets you coffee. No, we're not going to say that. Kevin, you have another murder case coming up. Usually it depends, yeah, Kelsey Cote, it's out in the western part of the state, Pittsfield, very nice young lady, and I'm ready to go on that too, and they've been very patient. So between Lindsey and Kelsey, I'll get it done. Like to push it off father? I think they'll probably try to rag the putt for a year or two or three or four, but no, we're going to move this in the fall. I'm not going to have Lindsey sitting there under a cloud of a first-degree murder indictment when she won the case and everybody, literally in the world, knows that she was acquitted. Kevin, this has become such a... Did you know they have kids at home? I know Shannon and I know attorney... Attorney Sprague. Sprague. And quite frankly, we go back a number of years. I've had cases with them in the past. They've always been honorable prosecutors to deal with and they do a good job. Kevin, you know Judge Sullivan is facing mandatory retirement. Do you have any concern about getting this in there before he's out? I'm going to try to hire him and see if he'll work for me. That's when he gets out and he's retired. No, Sully, he's a great guy. He was a wonderful defense lawyer before he became a judge, and as I said, he's got great respect amongst the prosecution, among the defense bar. Everybody loves him. He's a fair guy. Kevin, what do you think shocked you most about the way this trial went down? Was there one moment that you were like, wow, I have to not run into this my entire career? Yeah, with the witness, I kept looking up to the heavens for an answer. And then we'd wait for like two minutes while he'd stare at the ceiling. Yeah, that was a little odd. Kevin, I have one question for you. Oh, my friend. How moralizing is it to come back? It sucks. It's the best thing I can say. It really does. But not for me. It's what I do for work, for Lindsey. My heart breaks for her. She deserved that acquittal that she should have had. Kevin, this has become such a big thing, so much chatter online, conspiracies, etc. If there's one thing people at home can take away from this case, Lindsey's story, what would it be? Be careful of who you choose for a psychiatrist. If you see that they advertise that they're an expert in a particular field, check their background. Just don't blindly believe what you see online, and maybe don't do the teletubbies that much. What do you think about the holistic remedy? In Asian culture, we do Tai Chi. I used to do Tai Chi. I had Master Bao Sim Mak as my... I was teaching at Harvard Tai Chi and holistic origami and food medicine instead of relying on chemicals and medications. How can we change that so people can actually go through more therapy, have a village, have a support system? Can you imagine? Lindsey has a support system. She has family. A lot of immigrant moms don't have a support system. They're ashamed of talking about postpartum depression because it's a cultural signal. I think a lot of women are ashamed to talk about it. I think that they are marginalized and I think that clearly and unequivocally women are afraid to even speak that they're having let's say the dark thoughts because they're worried about losing their children. One of the things that I try to at least touch upon in the trial that is really, really of significant interest is other countries, the way they treat women that are postpartum, that have babies, that have problems. They don't rip the children away from the mother. They don't put the mother in jail. They keep them both together. They keep them in a safe environment. They keep them with good medical care, psychiatric care, and they are light years ahead of us in this country. Is there anything of the course of this trial that the press has not... I don't think so. No, you guys have been pretty thorough. Is there anything that happened inside the court that we the media didn't get to listen to that you wish we also heard? No. I gotta go. He's telling me to wrap it up. What did you do tonight? Guys, no swarming today, please. No swarming. Thank you.