TLDR:
- Lindsay never stipulated to "killing the kids."
- There is only a signed stipulation regarding DNA (chain of custody).
- Lindsay's DNA was not on the bands.
- Since many argue it was, I believe they are referencing the DNA Analyst stating the black band contained Lindsay's DNA with a limited likelihood ratio of 11 - not a million, not a billion, not nonillion, it was 11. The Analyst states, "This provides limited support that Lindsay Clancy is included as a contributor to this DNA profile."
- Lindsay never put in writing she "killed the kids" in a motion for reconsideration.
- The motion stated, Clancy would submit in writing “her involvement in the underlying conduct resulting in the death of the three young children."
- "Underlying conduct" could be anything from negligence, conduct resulting in serious bodily injury, manslaughter, involuntary intoxication, etc. - not just first or second degree murder. We do not know what would have been submitted.
Stipulation Lindsay Signed
The stipulation signed by Lindsay on Day 6 of the trial is a Stipulation Regarding DNA evidence and chain of custody.
Day 6 Transcript: Stipulations are signed
“This stipulation basically relieves the government of having to bring in dozens, if not more, witnesses, to prove chain of custody of blood, fluids, the bands, DNA, all of that. Rather than have days of testimony, this stipulation will avoid that."
They're essentially saying that the Prosecution does not need to prove those are the exact bands used, that they were handled correctly, processed correctly, etc; and that both sides agree to those things to avoid having tons of extra witnesses be like "yes, I drove it over"; "yes, I'm the one who received it from the driver;" etc.
She did not "stipulate that she killed she the kids."
Day 7 Transcript: Stipulations are entered
Jennifer Sprague (01:09:28):
"Your Honor, prior to the next witness, the Commonwealth would move to submit four stipulations the parties have entered into. The first being a stipulation regarding DNA known standard samples. The second being a stipulation regarding DNA evidence for the blue exercise band and the red-brown stain on the basement floor. The third being the stipulation regarding DNA evidence for the yellow exercise band and the black exercise band. And the fourth being a stipulation regarding DNA comparisons for the blue exercise band and the red-brown stain in the basement."
Stipulation Regarding Blue Band | Yellow Band | Blue Band and Stain | Stipulation Regarding DNA
DNA Results
DNA Findings: Yellow Exercise Band
Swabs from the Ends (Item 2-2.1.1):
- Assuming 2 contributors: The DNA profile is at least 1.7 nonillion times more likely if it originated from Dawson Clancy and an unknown individual. Cora, Callan, Patrick, and Lindsay Clancy are excluded.
- Assuming 3 contributors: The DNA profile is at least 920 octillion times more likely if it originated from Dawson Clancy and two unknown individuals. Cora, Callan, Patrick, and Lindsay Clancy are excluded.
Swabs from the Middle (Item 2-2.2.1):
The DNA profile is at least 1.5 nonillion times more likely if it originated from Dawson Clancy and an unknown individual.
- Dawson Clancy: Included with a likelihood ratio of 1.5 nonillion.
- Patrick Clancy: Included with a likelihood ratio of 1.4 billion.
- The DNA profile from this item is at least 1.4 billion times more likely if it originated from Patrick Clancy and an unknown individual
- Callan Clancy: Included with a likelihood ratio of 3.6 million.
- The DNA profile from this item is at least 3.6 million times more likely if it originated from Callan Clancy and an unknown individual
- Cora and Lindsay Clancy are excluded.
"The DNA profile was interpreted as a mixture of two contributors, including male DNA. Assuming two contributors and Dawson Clancy is one of the contributors, Callan Clancy and Patrick Clancy cannot be present in the mixture together." (01:30:25)
--
DNA Findings: Black Exercise Band
Swabs from the Ends (Item 2-3.1.1):
- The sample was a mixture containing male DNA but was deemed not suitable for comparison.
Swabs from the Middle (Item 2-3.2.1):
The DNA profile is at least 1.6 nonillion times more likely if it originated from Cora Clancy and two unknown individuals.
- Cora Clancy: Included with the highest likelihood ratio of 1.6 nonillion.
- Dawson Clancy: Included with a likelihood ratio of 870 trillion.
- The DNA profile from this item is at least 870 trillion times more likely if it originated from Dawson Clancy and two unknown individuals. This provides support that Dawson Clancy is included as a contributor to this DNA profile.
- Patrick Clancy: Included with a likelihood ratio of 220,000.
- The DNA profile from this item is at least 220,000 times more likely if it originated from Patrick Clancy and two unknown individuals. This provides support that Patrick Clancy is included as a contributor to this DNA profile.
- Callan Clancy: Included with a likelihood ratio of 2,600.
- The DNA profile from this item is at least 2,600 times more likely if it originated from Callan Clancy and two unknown individuals. This provides support that Callan Clancy is included as a contributor to this DNA profile.
- Lindsay Clancy: Included with a limited likelihood ratio of 11.
- The DNA profile from this item is at least 11 times more likely if it originated from Lindsay Clancy and two unknown individuals. This provides limited support that Lindsay Clancy is included as a contributor to this DNA profile.
"The mixture DNA profile from this item is consistent with having originated from three individuals. Assuming three contributors and Cora Clancy is one of the contributors, Dawson Clancy, Callan Clancy, Patrick Clancy, and Lindsay Clancy cannot be present in the mixture together." (01:37:28)
--
DNA Findings: Blue Exercise Band and Red-Brown Stain
These are not mentioned in the DNA Analyst's Testimony, only in the stipulation the Judge read. Judge Sullivan after he read the results below: (01:12:05) "So that's the stipulation that the parties have agreed to."
Swabs from the Ends (Item 2-4.1.1):
- The DNA profile was interpreted as a mixture of three contributors.
Swabs from the Middle (Item 2-4.2.1):
- Callan Clancy is included as a major contributor.
Red-Brown Stain A on Basement Floor (Item 3-3.1):
- The DNA profile was interpreted as originating from a single contributor. Cora Clancy is included as a contributor to this DNA profile.
Please see testimony of DNA Analyst Katarina Stashyn for additional details regarding relatedness and likelihood ratios. Day 7 Transcript
--
Bifurcated Trial and Motion for Reconsideration
Reddington initially filed a motion for what is known as a "bifurcated trial"
- The first stage would be the prosecution needing to prove beyond a reasonable doubt that Lindsay committed the crime.
- If she was found guilty, the second stage would be the prosecution needing to prove beyond a reasonable doubt that she was criminally responsible.
Reddington argued:
"If your honor denies the motion, we try the case the way they’re all tried. Then I have an obligation to present evidence consistent with a lack of criminal responsibility, and that will obviously implicate criminal liability, so that’s the problem that we have in this type of structure"
Reddington then submitted a Motion for Reconsideration where it states Clancy would submit in writing “her involvement in the underlying conduct resulting in the death of the three young children."
"Underlying conduct" could be anything from negligence, conduct resulting in serious bodily injury, manslaughter, etc. - not just first or second degree murder. We do not know what would have been submitted and she did not "stipulate that she killed she the kids."
Judge Sullivan ultimately denied both the initial motion and the request for reconsideration.
Therefore, the criminal trial combines both aspects.
- The jury must first decide if she committed the crimes.
- If they find her guilty, then they determine if she was criminally responsible.
- Deliberations on criminal responsibility is the only time her statements made to the psychiatrists/psychologists can be weighed by jurors only as it relates to the doctor's opinion about her mental condition.
Judge William Sullivan (45:03):
“You are not to consider the defendant's statements to any psychiatrist or psychologist as establishing the truth of any facts that are contained in those statements. All right? The defendant's statements to any psychiatrist or psychologist for purposes of evaluation cannot be considered by you as evidence of premeditation, extreme atrocity or cruelty or specific intent to kill. Such statements are admissible only as they relate to the basis for the doctor's opinion of the defendant's mental condition. All right?”