Judge Just Changed Everything in the Lindsay Clancy Trial

[00:00:00] Speaker 1: So after the jury left the courtroom today, the judge decided to work on these motions that were filed way back, I think, on day one. He had originally made a decision that there were four witnesses that the defense wanted to put in that the prosecution was fighting them on. The prosecution was saying, well, he gave us the names too late, which means we haven't had time to do the necessary work to prep. Like, we would not be able to cross-examine these people because we, you know, basically he sprung them on us. And the defense attorney was like, no, no, no, no, no, that's not the case. These are experts, here's what they're going to do, blah, blah, blah. Well, the judge said, you know what, let's get started, and then if there's anything that comes up from the prosecution, so if they put forth testimony that needs to be rebutted, and one of these people can be a rebuttal witness or something, then we can revisit this. Well, now it's time to revisit. So Reddington says, okay, I'd like you to hear me on this motion. So we start off in the four witnesses, just so you know, I'm reading from notes. ER doctor Michael Volvovich, forensic pathologist Elizabeth La Posada, psychiatrist Donald Condi, and a forensic scientist named Peter Valentin. Now, what Reddington is saying is that two things. One, he's like, how dare they say that they don't have enough time? Like, I'm a one-man show, they got a whole fucking army. Like, how can they not have the time? He also said that he has not objected to any of their witnesses. Every single one of their experts, he's like, yep, yep. Half of them ain't even cross-examine. He was like, yep, go ahead. Let's do this. Yep. He let them all in. Even though he had to do all of the research on them and be prepared if he was going to cross-examine, he's managed to research all of their witnesses. He hasn't denied any of them. These aren't gotcha witnesses. They're not springing any new information. What they're going to be doing is providing their professional opinions on evidence that both sides have already had for years. So they're going to be looking at the photographs that, say, the prosecution already put into evidence and give their opinion on what this photograph shows. That's it. So this is what his argument is to the judge. And then he said, to strip Lindsay's ability to present evidence in support of her defense, number one, would not be in the interest of justice. Now, here's some of the arguments. And the big one for me is Elizabeth La Posada. I really do want her to testify. She did fantastic work in the Karen Reed case. And I'd love for her to get up on the stand because there's going to, well, A, she's going to crush the prosecutor. That's like a given. But this woman is so incredibly brilliant. And she explains things in an easy-to-digest way. She is really good at looking at injuries and saying, you know, common sense-wise, this is what really happened. She is the one that talked about the scratch marks on John O'Keefe's arm. And she's like, that's not from a taillight. That is from some sort of animal. But then also she was able to say, looking at this body, it's lack of bruises, it's lack of broken bones, it's lack of internal bleeding. This man was not hit by a car. And he certainly wasn't hit by a car and pirouetted 20 feet that way and landed. Like, it just, no. No, no, no. And so what she's going to testify to, and he said this, you know, she's going to talk about the evidence that's been presented, the medical records, the x-rays. She's going to be able to talk about that, the spinal injuries, the C1, T1, T2, T3, T4, the T5 and T6 that are now, instead of like this, are now like this. She's going to be able to talk about that. And she's going to talk about the Jefferson fracture because although the prosecution has said all along that this was kind of like a fake suicide attempt, La Posada is going to come in and go, no, this is a person who intentionally took a header out of a second story window. And the prosecution had to backpedal here in a major way because they've spent the last eight days trying to make it seem, oh, the wounds on her arm are superficial. Or, oh, she really didn't mean to kill herself. And they tried to make every excuse possible to make it seem like this was not a serious suicide attempt, that she either faked it or it wasn't a real, like a real suicide attempt. It was a lackluster attempt to get some attention or get herself out of trouble. And the judge called him on that today. The judge is like, well, wait a second, you've been saying this all along. And now he wants to bring in a rebuttal witness that goes, this woman dove out of a window head first. How can you say this isn't a serious suicide attempt? And the injuries she suffered, she's paralyzed from the chest down. How can you say this isn't a serious attempt? So then they tried to backpedal. They're like, no, no, no, no, no, no, no. We didn't say it wasn't a real attempt. We just said it was an unsuccessful attempt. So he made them eat dog shit today. And I think he's going to let Elizabeth Lopisodic take the stand. It sounds like he's also going to let Dr. Volovich take the stand. He is going to look at some photos and some different evidence. And then he's going to be providing also evidence about the injuries and the suicide attempt. These are people who are experts in these types of injuries. And they have seen suicide attempts before. And so they're experts in this area and they can provide a great deal of details. They're going to come in and they're going to help clarify for everybody. In order to do this to yourself, you must be in a frame of mind. Like to have this level of execution in your suicide attempt, you must be at some level not in your right mind. So we believe, I believe that Reddington is going to win this one and some of these witnesses are going to get to come in.