00:04:53.120Tell the jury what your opinion is, please.0.96
00:04:54.720My opinion is that she did have indeed a mental disease or a defect.
00:04:59.100That's a legal construct, not a DSM-5 one.
00:05:03.000But she had bipolar disorder with postpartum psychoses.
00:05:06.820In addition, she was unable to conform her behaviors to the rule of law, and she had no appreciation for the wrongfulness of her act.
00:05:16.880Prosecutors challenging both Zizel's objectivity and basis for that conclusion.
00:05:21.760Assistant District Attorney Shannon Buckingham questioning him about his frequent work for defense attorneys in the state's public defender agency,
00:05:29.300along with his longstanding professional relationship with Clancy's attorney, Kevin Reddington.
00:05:34.720Zizel acknowledging that Clancy has not reported hearing voices since the killings
00:05:38.520and agreeing the only time she specifically described a male voice
00:05:42.040was while recounting what happened that night.
00:05:45.020Clancy reportedly telling a hospital chaplain after the killings
00:05:48.600that a male voice had ordered her to kill the children and then herself.
00:05:53.040Buckingham also noting that Clancy declined an opportunity for inpatient treatment in December 2022,
00:05:59.180challenging Zizel's characterization that she had gone to an emergency room
00:06:02.980but received no help. The prosecution then turning to hospital observations recorded on
00:06:08.560emotionally significant dates following the children's deaths. Were you aware that on May
00:06:14.04026, 2023, that the defendant was observed by staff in a note stating that she was visible along the
00:06:24.080unit hallways, self-propelling her wheelchair, that she had a visit with her mother, they ate
00:06:50.200engageable with both staff and select peers,
00:06:53.300that she was pleasant during interactions,
00:06:55.880self-propelling in wheelchair in the halls spending much of the morning and early afternoon
00:07:00.600in her room and hall on her electronics do you recall reading that record not specifically
00:07:06.580and january 24th 2024 would have been the year anniversary of the incident correct
00:07:10.760yes reddington returning to those same records on redirect how about um in reviewing the records
00:07:18.500i didn't hear that she's laughing and partying and having a good time while she's in the
00:07:24.040Troukesbury Hospital. Did you see anything like that? No. Lindsay Clancy has bad days
00:07:29.660and worse days. And when you speak with her and meet with her, a doctor,
00:07:36.720has she ever mentioned her children? Because apparently, according to the question that you
00:07:41.540underwent, she never talks about her kids. She does speak about her children. What does she say?
00:07:47.420She really loves them and misses them and thinks of them every single day, almost every moment of the day.
00:07:59.600The jury later leaving the courtroom while the judge considered proposed testimony from Emily Thorndike,
00:08:05.480a former McLean Hospital social worker who posted a TikTok challenging the prosecution's portrayal of staffing at the psychiatric hospital.
00:08:13.260Clancy spending several days at McLean around New Year's in 2023,
00:08:17.260although Thorndike had stopped working there roughly a year earlier
00:08:20.200and had no direct involvement in her treatment.
00:08:23.160Judge William Sullivan ultimately refusing to allow Thorndike to testify before the jury,
00:08:27.940finding her proposed testimony had limited relevance because of that gap.
00:08:32.040Sullivan then sending jurors home early because of what he called
00:09:26.660the mental capacity to form criminal intent.
00:09:31.280So we knew it was gonna come down to the defense case.
00:09:33.580This is where the experts are really going to zero in
00:09:37.840on the legal distinction between a guilty act versus a guilty mind.
00:09:45.100Holloway saying the periods when Clancy appeared to be functioning normally
00:09:48.260do not necessarily undermine the defense's case.
00:09:51.860The prosecutor, there's been testimony in the case that at various times,
00:09:56.520Lindsay appeared normal, she appeared sociable, she appeared, you know,
00:10:00.280caring for the children, things of that nature.
00:10:02.800But as we've discussed on the MK True Crime Show this week,
00:10:07.260We had an expert come on and explain to us that someone's, basically their postpartum psychosis or postpartum depression, it can wax and it can wane.
00:10:18.440And it's not one of these things where you're either in it or you're not in it.
00:10:22.340You can go into psychosis and then out of psychosis.
00:10:26.740And you can also exist in these mixed mental states.
00:10:29.900So the prosecution can try to cherry pick instances of where she was acting relatively normal, but these defense witnesses should have no problem explaining to the jury that someone with this type of disorder does not necessarily exhibit signs 24-7.
00:10:48.840As for whether jurors will hear directly from Clancy, Holloway saying that decision will likely depend on how her lawyers believe the defense case has gone.
00:10:56.800A lot of times the defense can very well have a case, essentially one, until a defendant takes the stand and ruins it.
00:11:06.500So if they believe that things are going well enough, and by that I mean does the defense team believe that there's reasonable doubt in the minds of at least one of the jurors, then the best strategy is probably for her not to take the stand.
00:11:21.940So I think the default setting is that she's going to remain silent, but anything could change and something could happen between now and then where her lawyer and she feels that it's necessary.
00:11:34.840Police conducting a welfare check Wednesday morning at a home belonging to the family of Hayden Panettiere's on-again, off-again boyfriend, Brian Hickerson, just days after the 36-year-old actress was found dead in South Carolina.
00:11:47.760Panettiere found unresponsive Sunday afternoon at an Airbnb in Greenville,
00:11:51.800with first responders arriving shortly before 2 p.m. and finding her in cardiac arrest.
00:11:57.640Paramedics attempting to revive her before she was pronounced dead at 2.32 p.m.,
00:12:02.260according to the Greenville County Coroner's Office.
00:12:05.000An autopsy finding no signs of trauma that contributed to her death,
00:12:08.480with the cause and manner still pending as investigators await additional testing.
00:12:12.400Police also saying they have found no signs of foul play.