Spouses usually cannot be compelled to testify against one another in court, but as divorce attorney Ken Jewell of Jewell Law, PLLC tells Inside Edition, there are some exceptions.
Can the husband of Lindsay Clancy be forced to testify against her in court?
The prosecution's star witness in the upcoming murder trial of the Massachusetts woman who is accused of killing her children could be her husband, Patrick Clancy.
Lindsay is charged with 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 currently receiving mental health treatment at Tewksbury Hospital, according to court records. She will remain in the state-run hospital until November, but a status hearing in the case is set for Tuesday.
On Jan. 24, Lindsay sent her husband out to get dinner for the family, according to audio of the 911 call Patrick made that evening. He said that he then returned home to discover his three children had been strangled with exercise bands in the basement of their home and his wife had jumped out a window.
The two oldest children, 5-year-old Cora and 3-year-old Dawson, died later that night at the hospital. The youngest child, 8-month-old Callan, died two days later.
Her husband voiced his support for his wife soon after the deaths of their children, saying: “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."
Prosecutors say that Lindsay was of sound mind when she sent her husband out to get dinner and then killed their three children. The only person who interacted with her at that time is Patrick, which is why he is a key witness according to experts.
Spouses generally cannot be compelled to testify against one another in court, but divorce attorney Ken Jewell of Jewell Law, PLLC tells Inside Edition Digital that there are some exceptions.
"There are a few instances where the spouse can be forced to testify," Jewell says. "The commission of a crime amongst spouses, any communications made in the presence of a third party, or emails sent from e-mail systems."
The other exception? "Any allegations of child abuse," Jewell says.
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," Jewell explains. "But in Massachusetts, it belongs to the witness in the case."
Jewell also notes that in Massachusetts, the spousal privilege applies only to testimony in court, and not before a grand jury.
Given the severity of the case, however, the child abuse exception means that Patrick will have no choice but to testify if subpoenaed in his wife's murder trial.
Jewell explains that Patrick will be able to plead the fifth on the stand should he wish, and also is protected from having to share the details of any private conversations he had with his wife.
Such communications are protected, even if the couple were to divorce, says Jewell.
"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," Jewell explains. "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."
Lindsay's lawyer, Kevin J. Reddington, said at her arraignment on Feb. 7 that his client was having "bad thoughts, "worsening depression” and “wasn’t sleeping."
“She’s suicidal,” Reddington said of Clancy, who appeared via Zoom from her hospital bed. “She’s extremely emotional, however she’s unable and has been unable to express any happiness or sadness or cry.”
Reddington also claimed that Lindsay suffers from postpartum metal illness, and alleged that at the time of the incident she had been overprescribed medication.
Patrick, meanwhile, said in February that he was working on finding his new purpose in life.
“My family was the best thing that ever happened to me,” Patrick wrote at that time. “I took so much pride in being Lindsay’s husband and a dad to Cora, Dawson, and Callan. I always reminded myself that each day with them was a new gift."
Lindsay is not expected to appear for her status hearing on Tuesday. A plea of not guilty was entered on her behalf during that February court appearance.
