Will Lindsay Clancy's husband Patrick testify against her in murder trial? Expert explains Massachusetts' spousal privilege laws
DUXBURY, MASSACHUSETTS: Lindsay Clancy's husband could be compelled to testify in the impending murder trial, claims a renowned divorce attorney. The Massachusetts mother, 32, is facing criminal charges for strangling her five-year-old daughter Cora, three-year-old son Dawson, and seven-month-old son Callan before jumping out of the top window of her Massachusetts home on January 24.
Clancy, who is permanently paralyzed from the waist down, is currently facing two counts of murder, three counts of strangulation or suffocation, and three counts of assault and battery with a dangerous weapon, according to the arrest warrant filed in the case. She has not yet entered a plea and is being treated for mental illness at Tewksbury Hospital. If convicted, the mother could face life in prison, without the possibility of parole. Clancy’s defense attorney previously claimed that she struggled with postpartum depression and was prescribed a dozen drugs in the months prior to the incident. However, prosecutors refuted the claims by stating that the mother was of sound mind when she sent out her husband, Patrick Clancy, to get food and killed their children.
Will Lindsay Clancy's husband testify against her?
It was Patrick who called 911 after finding his children “unconscious, with obvious signs of trauma.” He was working from home that day and had gone out for 25 minutes to pick up food when Lindsay tried to strangle the children. Patrick was also the only one who interacted with her at that time, which is why he is a vital witness in the murder trial, according to experts. In general, spouses cannot be forced to testify against each other in court, but divorce attorney Ken Jewell of Jewell Law, PLLC says there are rare exceptions.
"There are a few instances where the spouse can be forced to testify," Jewell told Inside Edition Digital, adding, "The commission of a crime amongst spouses, any communications made in the presence of a third party, or emails sent from e-mail systems." This is true in both Massachusetts and New York, where Jewell practices law, but not all states have similar statutes. "In New York, the privilege belongs to the spouse who the testimony is about. But in Massachusetts, it belongs to the witness in the case,” the attorney explained. Additionally, Jewell noted that the spousal privilege in Massachusetts only applies to testimony given in court and not in front of a grand jury.
What are Patrick's options?
Given the gravity of the situation and the child abuse exemption, Patrick's only option will be to testify if called to appear in his wife's murder trial. Jewell stated that Patrick will be free to use the Fifth Amendment while testifying and will not be required to divulge the specifics of any personal conversation he may have had with his wife. "The question here is whether the communication was made in furtherance of preserving and/or continuing the marital relationship. If the statement was said in the context of destroying or otherwise dissolving the marriage, it won’t be protected," the attorney explained.
He continued by noting, "In contrast, if the statement was made in furtherance of the marital union, such as 'I killed your lover because of my love for you,' it’s protected because the spouse was emphasizing his love for his wife." However, Patrick has always voiced his support for Lindsay as he previously asked the public to forgive his wife. "I want to ask all of you that you find it deep within yourselves to forgive Lindsay, as I have. The real Lindsay was generously loving and caring towards everyone — me, our kids, family, friends, and her patients. The very fibers of her soul are loving. All I wish for her now is that she can somehow find peace,” he wrote in a statement on the family's GoFundMe page.