Lindsay Clancy’s Providers Now Face Two Lawsuits

Tony Brueski (0:01)

This is Hidden Killers Live with Tony Brueski and Robin Dre.

Tony Brueski (0:07)

At the center of this tragedy is a mother who was desperately crying for help while being prescribed an ever shifting chaotic cocktail of medications. This trial pulled back the curtain on postpartum health care, the system that seems to be blind in many ways to acute psychosis, and the catastrophes that can take place when things are not monitored appropriately. Joining me to discuss Bob Motta, host of Defense Diaries, and Robin Dre, retired FBI Special Agent, Chief of the Counterintelligence Behavioral Analysis Program. What is next? That is the big question everybody is asking.

As of this morning, we're recording this on Tuesday morning after the long holiday weekend. I know last, we heard on Friday, Red was going to be filing some things this week. Bob, where do we sit on the train track of Lindsay Clancy going forward right now?

Bob Motta (1:05)

It's so hard to know. It's so hard to know, you know. I mean, it really depends on what the DA elects to do here, right? Like, let's, because when they both walk out of the courtroom that day, emotions are high, and I'm talking about, you know, both the DA and Reddington, and then when they gave their, you know, heated comments, both of them were kind of on fire.

You know, Red was upset, and so was the DA. You know, I mean, they were both adamant about what they were saying when cooler heads start to prevail, and you've got some time for this to kind of settle in. You know, because walking out of that courtroom that day, you know, having done this for many years, there's a lot going on with you.

Tony Brueski (1:59)

No one made a definitive statement of, you know, we're going to be re-trying this. The DA didn't, you know, Reddington, you know, eluded, we're ready, you know, we're ready to go as soon as you are.

Robin Dre (2:10)

On Good Morning America this morning, too, he said that, you know, they're open to anything that they come back with.

Tony Brueski (2:16)

So, I mean, he seems he's, you know, he's up and ready to go. But there's a lot of potential paths here forward. Massachusetts, the rule basically, from what we understand, first degree, it has to be a jury trial. So, the idea of a bench trial coming in, from what we understand, would have to be a lesser charge, second degree, manslaughter, things of that nature on the table, for a bench trial to take place without a jury.

Is that really where we sit? Either they lesser the charges, and then we go to a bench trial, possibly? Or what other options, what are the possible scenarios here in this hellish choose-your-own-adventure book?

Bob Motta (2:57)

Well, I mean, essentially, they could go retry in the same indictments, right?

Assuming that double jeopardy is not a barrier. And that's going to be something that potentially, depending on what happens with the DAA's office, what Cruz decides to do, I think if they come out relatively quickly and say that we're retrying or you're going to see this thing go up, up the chain in terms of getting up to probably the SJC at some point, as we saw in the Karen Reed case where, you know, they're basically saying, because Reddington asked the judge towards the end to basically pull the jury.

Tony Brueski (3:45)

Yeah.

Bob Motta (3:45)

Which did not happen. Why?

Tony Brueski (3:47)

Why did that? I mean, this just seems like cross your T dot your I. This happened in Karen Reed too. I mean, why not just do it? What do you got to lose?

Bob Motta (3:57)

Right, and what didn't happen is the lawyers did not ask the judge to do it in Reed. Here he did.

And that was a sticking point in Reed when they appealed it. I think it went up to the SJC. They appealed it to the SJC because there is that language that says the judge, at the judge's discretion, can ask the jurors if they were hung on everything, or say, all right, well, we were good on first degree. We decided that we weren't going to go first degree, but we were good on the manslaughter. Where we were kind of hung on was going to be the second degree, or the manslaughter, whatever the case may be.

Robin Dre (4:43)

Yeah, just get the answer.

Bob Motta (4:44)

But eliminate those things. If they could have said, all of us agreed back there, all 12 of us agreed that we weren't going to convict on first degree. So that would then bar that.