Articles Posted in Trial Strategy and Evidence Notes

Confrontation Rights and Harmless Error in a Family or Household Member Assault Case: Commonwealth v. Khadgi
Attorney Joe Serpa

By Attorney Joe Serpa | Georgetown University Law Center September 28, 2026 Shortly before 2 A.M., a Cambridge police officer walking through Harvard Square saw Shyam Khadgi striking a woman in the face and arms. The officer saw Khadgi strike her ten to fifteen times, hard enough to lift his own foot off the ground.…

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The Clancy Mistrial and the Juror Questionnaire
Attorney Joe Serpa

On September 4, 2026, a Plymouth County jury could not agree in the murder trial of Lindsay Clancy, and the judge declared a mistrial. In the two weeks since, reporting has turned to the lone holdout and to what he did or did not disclose before he was seated. A judge impounded the jury list…

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After the Mistrial: The Renewed Motion for a Required Finding of Not Guilty in the Clancy Case
Attorney Joe Serpa

On September 4, 2026, a Plymouth County jury reported that it could not agree, and the court declared a mistrial in the case against Lindsay Clancy. On September 10, 2026, the defense filed a renewed motion for a required finding of not guilty. The motion asks the court, not a second jury, to end the…

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Medical Expert Testimony in Massachusetts Criminal Cases: The Hsu Decision on Abusive Head Trauma
Attorney Joe Serpa

Medical experts can help a Massachusetts jury understand how an injury occurred and whether the medical findings support the prosecution’s account. The judge must first decide whether the opinion is reliable and whether its wording risks unfairly influencing the jury’s decision about guilt. On September 9, 2026, the Supreme Judicial Court addressed both questions in…

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The Lindsay Clancy Trial: A Cruel, Insensitive, and Out-of-Touch Prosecution
Attorney Joe Serpa

Lindsay Clancy, a labor and delivery nurse from Duxbury, was tried in Plymouth Superior Court in 2026 on three counts of murder in the first degree for the January 2023 deaths of her children, Cora, age five, Dawson, age three, and Callan, age eight months. She did not dispute that she caused their deaths. Her…

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How I Give a Closing Argument in a Massachusetts Criminal Trial
Attorney Joe Serpa

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 The closing argument is the only time in a Massachusetts criminal trial when I get to say what the evidence means. Everything before it is questions. This is the one stretch where I speak in complete sentences to the jurors…

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Greater Boston Criminal Law Alerts

Matthew Farwell Convicted in the Death of Sandra Birchmore: The Evidence, the Elements and the Verdict

By Attorney Joe Serpa | Georgetown University Law Center On Tuesday, November 10, 2026, a federal jury in Boston found former Stoughton police officer Matthew Farwell guilty on both counts of the superseding indictment that charged him in the death of Sandra Birchmore, according to WBUR. Count One charged him with killing a witness or…

Judge Denies Lindsay Clancy’s Double Jeopardy Motion: The November 9, 2026 Rulings

By Attorney Joe Serpa | Georgetown University Law Center On Monday, November 9, 2026, Judge William Sullivan denied Lindsay Clancy’s motion to dismiss the murder charges on double jeopardy grounds. He also denied her request for records about the holdout juror and her request to question that juror under oath. He denied the Commonwealth’s request…

Lindsay Clancy Hearing on November 2, 2026 and the Double Jeopardy Motion

On November 2, 2026, Judge William Sullivan heard the Lindsay Clancy double jeopardy motion and indicated that a second trial could begin in March 2027.