A Florida woman is charged with illegal wiretapping in connection with a recording of Patrick Clancy’s father that was posted on Instagram while jurors were deliberating in the trial of Lindsay Clancy.

According to a police report obtained by NewsCenter 5, Christopher Clancy went to the Scituate Police Department headquarters on Sept. 4, the same day that Lindsay Clancy’s case ended in a mistrial.

Lindsay Clancy, 36, was on trial over the summer for the deaths of 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan at their Duxbury home on Jan. 24, 2023. Her defense argued she was not criminally responsible for murder because she was suffering from postpartum psychosis at the time of the killings.

The jury was ultimately deadlocked, with a reported 11-1 split in favor of acquittal after seven days of deliberations.

Alleged wiretapping

The video that Christopher Clancy showed to officers was posted to Instagram on Aug. 30 by an account that was ultimately linked to Shawna Gramkow, 46, of Florida.

According to the report, Christopher Clancy told officers that he believed he accidentally answered the call from an unknown number while driving, sometime around Aug. 6. He said it was recorded without his knowledge or consent.

“He does not recall knowingly speaking to someone over the phone when these comments were made, nor was he made aware of his comments being recorded,” officers wrote in their report.

Massachusetts law prohibits recording someone’s communications without their knowledge.

According to a court docket, Gramkow is scheduled to be arraigned in Hingham District Court on Nov. 20.

Christopher Clancy’s role in the trial

Christopher Clancy, father of Patrick Clancy and grandfather of the children, testified during the prosecution’s case. He described meeting Lindsay Clancy for the first time.

Later, he described Lindsay Clancy as “very protective” of her then-husband and children. He also noted that she was close with his daughter, Patrick Clancy’s sister.

Christopher Clancy said he was aware of his former daughter-in-law’s mєntal health struggles and that his son was concerned about her well-being.

Before the prosecution concluded its questioning, Christopher Clancy also described the call he received from his son after the children were killed.

“It was terrible,” he said.

Lindsay Clancy’s ongoing case

Lindsay Clancy is scheduled to return to court on Monday, for a motion hearing.

District Attorney Tim Cruz’s office has not announced whether it will conduct a second prosecution. Cruz, a Republican, is running unopposed for reelection in November.

In a recent filing, the prosecution argued that the trial ended with a legally justified mistrial. They also argue, citing the Karen Read case, that the Supreme Judicial Court has previously ruled against allowing “post-trial juror revelations about their deliberations to affect the analysis.”

Earlier this month, the judge also denied Clancy’s request for an evidentiary hearing regarding the holdout juror who caused the mistrial. That ruling also cited the precedent set in the Read case.

Meanwhile, the defense is also asking the judge to reject proposed restrictions on what can be said publicly about the case. They argue the Commonwealth has not shown enough reason to justify limiting what can be said after the mistrial.