A disputed forensic record, an uncalled mental-state expert, and a life sentence. The conversation surrounding Lindsay Clancy makes an older question harder to avoid: who gets the resources, patience, and public support needed to have a complicated case understood?

By Rita Williams · Originally dated September 1, 2026 · Updated September 26, 2026

Direct Answer

Steven Lynn Nicholson received life without parole for the 2010 drowning deaths of his children. The appellate record confirms that a defense mental-state expert was endorsed but never called. It also reveals competing forensic interpretations, an extraordinary flooded scene, unresolved questions about Nicholson’s actual level of impairment, and a prosecution theory built heavily on cumulative inference. Revisiting this case requires asking whether those inferences were ever tested as rigorously as a life-without-parole conviction demanded.

Key Points

The children were Ella Grace Stafford, 15 months old, and Jonathan Alan Sanderlin, 13 months old. Their deaths remain the reason accuracy matters.
Two forensic pathologists disagreed about what the evidence established. Defense expert Dr. Ljubisa Dragovic testified that the evidence he reviewed did not substantiate the conclusion that the children were intentionally drowned.
The defense rested without calling its mental-state expert. Nicholson identifies that expert as Dr. Gerald Shiner and says his report concluded that he could not form the specific intent required for first-degree murder.
The appellate opinion provides no contemporaneous blood level or quantified toxicological assessment establishing Nicholson’s actual level of functioning during the hours the water was reportedly running.
Neighbors were relied upon to establish that water ran for hours. The appellate account does not describe those same neighbors reporting prolonged screaming, violent struggle, or cries for help.
Nicholson says he had previously been awarded full custody of one of his children. Custodial fathers were a minority nationally at the time, making that history relevant context when prior allegations of abuse are used to define his parental character.
The prosecution’s theory depended heavily on cumulative inference. If individual premises fail, the conclusions built on them require renewed examination.
Case Record
DefendantSteven Lynn Nicholson
Trial CourtWayne Circuit Court, LC No. 10-012115-FC
Trial2011 bench trial before Judge Vera Massey Jones
SentenceLife without parole; additional terms of 315 months to 60 years and 1 to 15 years
Direct AppealAffirmed October 2, 2012; No. 304784
Review FocusUncalled expert, disputed forensic reconstruction, impairment, scene mechanics, witness interpretation, and cumulative inference

What the Record Establishes

On October 19, 2010, police entered Nicholson’s flooded Allen Park apartment and found him in the master bedroom with his two children lying on the floor. Both children had drowned. Nicholson told police he had discovered Ella on the bathroom floor and Jonathan in the bathtub before trying to resuscitate them. The children’s locations when he said he found them were not their locations when police arrived.

The prosecution maintained that Nicholson killed the children and staged the bathroom to suggest an accident. The trial judge found him guilty of second-degree murder in Jonathan’s death and premeditated first-degree murder, felony murder, and first-degree child abuse in Ella’s death. The first-degree and felony murder convictions were merged for sentencing.

Nicholson seemingly did not carry renter’s insurance. If accurate, that fact makes the prosecutor’s already problematic staging theory materially more destructive to him personally and even less probable. Under the prosecution’s theory, Nicholson deliberately flooded the apartment to manufacture an accident scene while exposing himself to uninsured property damage, possible eviction, and potential personal financial liability. That does not make staging impossible. It does mean the flooding itself cannot simply be treated as proof of staging without examining whether deliberately destroying an uninsured home makes sense within the prosecution’s reconstruction.

The case involved additional evidence that cannot simply be ignored. Family members and other witnesses testified about prior abusive conduct. Investigators described plugged bathtub drains, a wet crib mattress, disconnected smoke detectors, and a bed that appeared largely undisturbed. But Nicholson says he fell asleep on the couch. An undisturbed bed does not contradict that account and should not be treated as evidence that he had not slept. Witnesses also reported seeing Nicholson outside the apartment at times that conflicted with his account of sleeping. The appellate court relied on this broader record when affirming the convictions.

There is another piece of Nicholson’s parental history that complicates the prosecution’s portrayal of him. Nicholson says he had previously been awarded full custody of one of his children. That was not the typical custodial arrangement for fathers at the time. U.S. Census Bureau data for 2009 reported that fathers represented about 17.8 percent of custodial parents nationally. Michigan’s 2010 divorce statistics likewise show that awards of custody to fathers were a minority of custody outcomes.

That prior custody determination does not prove Nicholson was incapable of abuse, and it does not at all resolve what happened to Ella and Jonathan. But it matters when evaluating a prosecution narrative that relied on allegations of previous mistreatment to make intentional killing appear more plausible. At some point before these deaths, a court had apparently examined a family situation closely enough to award Nicholson full custody of a child. That history belongs beside the allegations used against him rather than disappearing from the story.

If the state wanted prior conduct to help define Nicholson’s character as a parent, then prior evidence of parental fitness belongs in the conversation too. Context should not flow only in the direction of guilt.

Any serious examination must keep the evidence against Nicholson in view while asking what each piece actually proves. Testimony alleging previous mistreatment does not establish the mechanism by which Ella and Jonathan died. A strange physical scene does not establish who created it. An expert’s ability to describe a possible mechanism does not establish that the mechanism occurred. An inference does not become physical evidence because several other inferences point in the same direction.

The Night, According to Nicholson

In the May 26, 2025 episode of Unforbidden Truth, Nicholson offered his own explanation. He said he took a large amount of caffeine pills, then Xanax, and experienced a prolonged gap in memory. He described waking to a flooded apartment and finding his children dead.

Nicholson’s account includes his involvement in selling cocaine and using caffeine pills to cut it. That admission raises questions about risk and illegal conduct. It does not, by itself, answer what happened in the apartment or establish an intent to kill.

Police reports can leave out details, compress explanations, and reflect the questions investigators chose to ask. Investigators can misremember or misinterpret what someone tells them. An official account should not receive an automatic presumption of completeness or accuracy. The appellate opinion summarizes the trial record. It is not a verbatim record of Nicholson’s conversations with investigators. Any comparison should examine the original recordings, notes, reports, and testimony before assigning a discrepancy to Nicholson alone.

Judging Struggle in the Rearview

Society is often willing to examine a struggling parent’s choices only after catastrophe, when every earlier decision can be arranged into a story about what that person should have done differently. We ask why someone took a dangerous path without first asking what safer paths were actually within reach.

The argument here is that Nicholson’s drug selling must be examined in the context of making ends meet and feeding his children. The appellate opinion describes an unemployed father caring for his children full time. It does not establish his educational attainment, household budget, employment history, or reason for selling drugs. Those are questions to investigate before treating either economic desperation or simple indifference as the complete explanation.

An honest account would ask what education he had completed, what jobs he could realistically obtain, and what training was available within reach of his home in 2010. It would ask what those programs cost, whether he qualified, how long they took, and whether transportation and childcare made attendance possible. A training program can exist on paper while remaining inaccessible to a parent who needs income immediately.

When lawful work is difficult to obtain or cannot cover immediate needs, selling drugs can appear to offer a faster way to bring money home, despite its substantial risks. That is a possible explanation for the attraction of the choice, not proof of Nicholson’s particular motive. Advice to get a job or learn a trade means little unless it accounts for the time, access, and support those steps require.

Courts are organized around charges, admissibility, and legal responsibility. That structure can leave little room for the fuller human account of mental health, addiction, caregiving, and economic pressure. Those experiences do not arrive neatly separated into legal categories. A process that treats them only as potential defenses can miss what they reveal about a person’s life. Accountability should include an honest examination of the conditions in which decisions were made. A person’s involvement in an illegal economy cannot do the evidentiary work of proving every later accusation.

Clutch Confidential
Clutch is free to read. It isn’t free to produce.

Court records, FOIA requests, research databases, document access, technology and hundreds of hours of investigation make this work possible. Clutch Confidential is how readers who value that work can help sustain it, and get more from Clutch in return.

$10/month ?

How Ambiguous Facts Become Evidence of Guilt

The emergency calls illustrate the difference between an observed event and the inference drawn from it. According to the opinion, Nicholson called 911 twice at approximately 2:04 a.m.; both calls disconnected when answered. Dispatch called back three times without reaching him and left a voicemail. He called again several minutes later and reported the drownings.

The appellate opinion then used the delay in reaching dispatch as evidence supporting the verdict, despite recording two earlier attempts to call for help. A disconnected call is not self-explanatory. The opinion identifies no cause for the disconnections. Treating that sequence as evidence of culpable delay without establishing why the calls disconnected transforms an ambiguous communications event into suspicious behavior.

The disconnected smoke detectors were also used to support an inference of staging. Nicholson gives a more immediate explanation: he took them down because they were sounding and he needed quiet during the emergency. Steam can trigger smoke alarms, but that fact does not distinguish advance preparation from a reaction to alarms already sounding. The important questions are when the detectors were removed and what evidence establishes why. Calling the scene staged does not make staging an observed fact.

Two Pathologists, a Material Disagreement

Dr. Carl Schmidt, the Wayne County medical examiner who performed the autopsies, concluded that both deaths were intentional drownings. According to the Court of Appeals, he placed Jonathan’s drowning before his burns because he found no signs of “vital reaction” and no inhalation burns. Those were the stated foundations for his sequence opinion. They were pathology findings interpreted by an expert, not a direct measurement of the moment drowning occurred.

Schmidt’s testimony went beyond identifying drowning as the cause of death. He reconstructed intentional submersion, Jonathan’s position in the water, the timing of the burns, and when Jonathan was clothed. Each step needed support. Agreement that the children drowned did not require agreement with that entire reconstruction.

Dr. Ljubisa Dragovic, then Oakland County’s chief medical examiner, expressly challenged major parts of that account. He testified that the evidence he reviewed did not substantiate the conclusion that the children’s heads were intentionally held underwater, and that material in the lungs could not establish whether drowning was intentional. He also disagreed with Schmidt about whether Jonathan was clothed when he drowned. He said the evidence neither proved nor disproved homicide.

The appellate summary does not identify bruising or other physical marks establishing that the children were held underwater. Schmidt testified that very young children could be restrained without leaving signs of trauma or struggle. That explains why an absence of marks might not exclude restraint. It does not supply affirmative physical evidence that restraint occurred.

The opinion also does not describe an examination of Nicholson’s hands for burns or other injuries, or questioning by defense counsel about whether the proposed restraint would have exposed him to scalding water. That omission matters because the children suffered thermal injuries. If the prosecution’s reconstruction required Nicholson to physically control very young children in or around dangerously hot water, then the condition of his hands and forearms was relevant physical evidence.

Schmidt’s proposed sequence, drowning followed by scalding, also makes the timing of thermal exposure important. The trial transcript, autopsy documentation, scene photographs, and underlying records should show how that sequence was tested and what investigators documented. If counsel did not seriously pursue those questions, that left a significant gap in testing a reconstruction used to support a life sentence.

Hours of Running Water Require a Reconstruction

The opinion describes neighbors hearing water begin running between approximately 7:30 and 9:30 p.m., continuing through the night and into the early morning. Nicholson’s first recorded 911 attempt was around 2:04 a.m. Those approximate observations imply roughly four and a half to six and a half hours between the reported start of the water and that call. They do not establish a precise time of drowning.

Police encountered a hot, humid, flooded lower level and an apartment saturated with water. The opinion describes both bathtub drains clogged with toilet paper, objects in the tub, and water beyond the bathroom. This scene calls for a reconstruction of water flow, temperature over time, drainage, barriers, and the children’s ability to move through the space.

The potential accident sequence, children leaving their cribs, water running, flooding, and a caregiver failing to wake or respond, should be tested against the physical evidence and witness accounts. Nicholson’s ability to perceive and respond during that period belongs in that examination.

According to the opinion, Schmidt partly based his homicide conclusion on two children drowning and sustaining burns without apparent reaction, noise, or escape. But the appellate account does not establish that the children made no noise. It establishes what particular witnesses reported hearing.

That becomes more important when the witness categories are separated. Witnesses later identified in the case as jailhouse informants testified about Nicholson allegedly abusing his children. Those witnesses were not the neighbors positioned to describe what could actually be heard from the apartment during the hours surrounding the deaths. Allegations of prior abuse may have influenced how Nicholson was viewed, but they cannot establish what happened acoustically inside or around the apartment that night.

The neighbors who supplied the prosecution with its extended water-running timeline were different witnesses. They were apparently close enough, awake enough, and attentive enough to notice water running for hours. Yet the appellate account does not describe those same neighbors reporting prolonged screaming, desperate crying, sounds of a violent struggle, or cries for help from two toddlers allegedly being intentionally restrained and exposed to dangerously hot water.

That creates an evidentiary tension. If the neighbors were sufficiently attentive to establish when the water began running and that it continued through the night, then what they did not report hearing is relevant too. If they heard screams or sounds suggesting children were in immediate danger, an obvious question follows: why did no one call 911?

Even apart from screaming, if continuously running water was unusual enough to notice and remember for hours, why did no one contact the landlord, building management, or maintenance to determine whether a pipe, fixture, or apartment was flooding?

If they heard nothing beyond running water, that fact must be considered when evaluating a reconstruction premised on two conscious toddlers being forcibly restrained. If the neighbors simply were not paying particularly close attention, then their testimony should not be stretched beyond what it actually establishes: they heard water running.

The prosecution cannot logically use the neighbors as reliable auditory witnesses when their testimony supports the water timeline, while treating their lack of reported screams or lack of alarm as meaningless. Either their ability to hear activity from the apartment carries evidentiary weight or it requires qualification.

The Expert the Court Never Heard

The appellate opinion confirms that the defense listed an expert who was reportedly prepared to address Nicholson’s mental state. The defense then rested without calling that witness. Nicholson identifies the expert as psychiatrist Dr. Gerald Shiner and says a report concluded he could not form the specific intent required for first-degree murder.

Nicholson’s account gives a name and substance to the uncalled witness described in the appellate opinion. It raises a concrete question about his defense: why did the trial end without testimony from the expert he says had evaluated his capacity to form intent?

A meaningful review would bring together the report, the expert’s evaluation, and counsel’s explanation for not presenting the testimony. The inquiry should address what the testimony could have contributed and how the court’s evidentiary rules affected the defense.

The question for review: Nicholson says Dr. Gerald Shiner evaluated him and reached a conclusion relevant to his capacity to form intent. The appellate opinion confirms that the defense rested without calling its mental-state expert. Why was that testimony not presented?

The Law Drew a Moral Line That Science Does Not

The Court of Appeals did more than treat the uncalled mental-state witness as a waived issue. It also relied on Michigan’s intoxication statute, MCL 768.37. The statute generally bars voluntary intoxication as a defense, but creates a narrow exception for a specific-intent crime when a person voluntarily consumes a legally obtained and properly used medication or other substance and neither knew nor reasonably should have known that impairment would result.

That legal distinction may matter to admissibility. It does not make the distinction scientifically meaningful when the question is what was happening inside a person’s brain and body. A benzodiazepine does not produce one neurological effect when obtained from a pharmacy and a different neurological effect because the same drug was obtained unlawfully. The central physiological questions are substance, dose, concentration, interactions, tolerance, timing, metabolism, and resulting impairment, not whether the government approved the route by which the substance reached the person.

MCL 768.37 therefore embeds a moral and policy judgment into an inquiry that can easily be mistaken for a scientific one. The Legislature was entitled to decide that people who knowingly become intoxicated should face limits on using that intoxication as a legal defense. But that policy choice does not answer the factual question of how intoxicated Nicholson actually was, whether he was conscious, whether he could hear his children, whether he could appreciate what was happening around him, or whether he was physically capable of responding during the hours the water reportedly ran.

Which is especially important here because the statute can cause two separate questions to collapse into one. The first is legal: May Nicholson use his impairment as an affirmative defense to a specific-intent crime? The second is factual and scientific: What was Nicholson’s actual level of functioning during the relevant hours? A court can answer the first question “no” without answering the second question at all.

The Court of Appeals reasoned that, regardless of whether Nicholson legally obtained the Xanax, his offer of proof did not establish that he neither knew nor reasonably should have known that the amount he consumed would impair him. Under MCL 768.37, that prevented the proposed intoxication evidence from satisfying the statutory exception. That resolved a legal defense question. It did not measure his blood concentration, determine his level of sedation, establish that he was awake, or demonstrate that he was capable of perceiving and responding normally.

For purposes of reconstructing what happened inside that apartment, legality is immaterial to pharmacology. If Nicholson had consumed enough Xanax, caffeine, alcohol, another drug, or some combination to become profoundly sedated or experience altered consciousness, that physiological condition existed regardless of whether every substance was lawfully prescribed, illegally obtained, or improperly used. The law may attach different consequences to those circumstances. Human biology does not.

That is why the statutory ruling cannot substitute for toxicology. Before concluding that Nicholson should have awakened, heard screams, intervened, or behaved in a particular way, the investigation needed to establish what substances were actually in his system and what those substances likely meant for his functioning. The appellate opinion does not provide that answer.

A Rule About Blame Is Not a Measurement of Impairment

The appeal’s disposition did not establish that Nicholson was sober or functioning normally. The court decided whether his proposed intoxication evidence satisfied Michigan’s statutory requirements. That ruling does not tell us what was actually happening physiologically during the hours surrounding the children’s deaths.

The opinion does not provide a contemporaneous blood-alcohol level, drug concentration, or quantified assessment of sedation. That is a limitation of the appellate account, not proof that no testing or observations exist elsewhere in the case file. A legal rule restricting voluntary-intoxication defenses cannot resolve whether a proposed sequence of events was physically and neurologically plausible.

Whether Nicholson was legally entitled to rely on intoxication is therefore separate from whether he was unconscious, profoundly sedated, intermittently responsive, confused, experiencing memory loss, or functioning normally. Those questions matter directly to the prosecution’s reconstruction because that reconstruction depends in part on assumptions about what Nicholson could hear, perceive, understand, and do while water reportedly ran for hours.

A meaningful examination would assemble any toxicology or blood-draw results; the substances Nicholson reported consuming; dose and timing; prescription records; police observations of speech, gait, pupils, orientation, odor, and demeanor; any EMS assessment; interview recordings; and Dr. Shiner’s evaluation. A qualified toxicologist could then assess what those materials actually support.

The prosecution was entitled to argue that voluntary intoxication did not excuse criminal conduct. It was not entitled to turn that legal proposition into evidence that Nicholson was physiologically capable of functioning normally. Those are different propositions, and this case required both to be examined separately.

The Prosecution Built a House of Cards From Inference

Wayne County Assistant Prosecutor Carin Goldfarb built the case around accumulation. In closing argument, she reportedly told Judge Vera Massey Jones that accepting Nicholson’s account required believing that “lightning struck” repeatedly. She listed a series of events she characterized as improbable: both toddlers getting out of their cribs, entering the bathroom, obstructing the tub, turning on the water, drowning, and failing to scream loudly enough to be heard. She separately argued that circumstances at the apartment showed Nicholson had staged the scene.

But describing a collection of circumstances as improbable is not the same as proving the alternative explanation. The prosecution’s theory depended on one inference supporting another: the children could not have created the scene, therefore Nicholson must have created it; the flooding looked unusual, therefore it must have been staged; the children were not reported screaming, therefore they must have been deliberately restrained; prior allegations of abuse made intentional killing more plausible; and the medical examiner’s interpretation supplied the mechanism tying those conclusions together.

That structure matters because it behaves like a house of cards. Remove one supposedly settled inference and the neighboring conclusions begin losing support.

If the neighbors were attentive enough to hear water running for hours but heard no prolonged screaming, that complicates the prosecution’s description of what an intentional drowning would have sounded like. If those same neighbors heard something unusual enough to remember the running water but not alarming enough to call police, the landlord, or building maintenance, that complicates the suggestion that an obviously violent emergency was audible nearby.

If Nicholson had no renter’s insurance, the staging theory requires him to intentionally cause extensive uninsured damage to his own home while manufacturing an accident scene. That does not make staging impossible. It does mean the prosecution’s characterization of the flooding as evidence of staging cannot substitute for evidence establishing that Nicholson actually created the flood deliberately.

If the children bore no documented restraint injuries identified in the appellate account, Schmidt’s testimony that toddlers could be restrained without marks cannot become affirmative evidence that they were restrained. If Nicholson’s hands and forearms showed no thermal injury, that raises another mechanical question about a theory involving physical control of toddlers around scalding water.

If Nicholson’s actual level of impairment was never established through contemporaneous toxicology, then assumptions about what he should have heard, when he should have awakened, and how he should have behaved remain assumptions. Michigan’s legal restriction on voluntary-intoxication defenses does not supply the missing pharmacology.

And if Dr. Ljubisa Dragovic was correct that the physical evidence did not substantiate intentional submersion, then the prosecution loses one of the central forensic supports for transforming a catastrophic flooded-bathroom event into two intentional homicides.

None of those questions independently proves an accident. That is precisely the point. Goldfarb’s case did not rest on a witness who watched Nicholson drown his children or on physical evidence that directly demonstrated restraint. It depended heavily on interpreting ambiguous circumstances together until the prosecution’s reconstruction appeared inevitable. When a conviction is built that way, every underlying inference matters.

The prosecution was entitled to argue its theory aggressively. But the burden belonged to the prosecution, not Nicholson. He did not have to prove that lightning struck ten times. Wayne County had to prove beyond a reasonable doubt that he intentionally killed his children. The difference between those propositions is enormous.

Goldfarb reportedly told the court, “We’ll never exactly know what was in the defendant’s mind when he killed his babies.” That statement is more troubling in light of the defense expert the court never heard. Nicholson says Dr. Gerald Shiner evaluated him and concluded that he could not form the specific intent required for first-degree murder. The appellate opinion confirms that a mental-state expert had been endorsed and that the defense rested without calling that witness. In other words, the prosecution told the judge that no one could know what was in Nicholson’s mind while potentially relevant expert evidence addressing exactly that question never reached the factfinder.

That is not a minor contradiction. The prosecution used uncertainty about Nicholson’s mental state rhetorically while simultaneously asking the court to accept the most incriminating interpretation of that mental state. If Shiner’s report addressed Nicholson’s ability to form specific intent, then the proper question is not whether Goldfarb could confidently declare what was in his mind. The proper question is why the court deciding whether Nicholson acted with premeditated intent never heard the expert evidence developed to address that issue.

The Prosecution Was Not Brilliant. The Defense Left Too Much Untested.

After reviewing this case, I do not come away impressed by the prosecution’s performance. I come away thinking Carin Goldfarb benefited enormously from being the party carrying the authority of the state while the defense failed to expose inconsistencies that become obvious once the prosecution’s reconstruction is pulled apart piece by piece.

Goldfarb’s “lightning strikes” argument was rhetorically effective because it stacked inference on top of inference and challenged Nicholson to explain an unusual scene. But the burden was never Nicholson’s to make every strange circumstance look ordinary. The burden belonged to Wayne County to prove intentional killing beyond a reasonable doubt.

Several of the points presented as incriminating become substantially less impressive when examined individually. Neighbors could hear water running for hours but apparently did not report prolonged screaming or call maintenance about what should have been an alarming amount of running water. The prosecution characterized extensive flooding as staging even though Nicholson says he had no renter’s insurance and therefore stood to absorb the damage himself. The medical examiner said toddlers could be restrained without marks, but the absence of marks cannot itself prove restraint. The prosecution relied on assumptions about what Nicholson should have heard and how he should have responded without establishing his actual level of intoxication through the toxicological evidence summarized on appeal.

Those are not obscure technicalities. They are basic challenges to the mechanics of the prosecution’s story.

The same problem appears in the mental-state evidence. Goldfarb reportedly argued that “we’ll never exactly know what was in the defendant’s mind,” while the defense had identified a mental-state expert who had evaluated Nicholson and never testified. Nicholson says Dr. Gerald Shiner concluded that he could not form the specific intent required for first-degree murder. The appellate opinion confirms that a mental-state expert was endorsed and that the defense rested without calling that witness. A prosecution should not receive extra credit because the defense failed to put contradictory evidence in front of the factfinder.

My conclusion is not that Goldfarb proved a sophisticated forensic case. It is that she presented a forceful narrative and encountered a defense that did not dismantle enough of its assumptions. Once those assumptions are examined individually, the case looks far less inevitable than the prosecution made it sound.

Prosecutors are not correct simply because defense counsel misses an argument. A conviction can survive for years because one side successfully assembled a story and the other side failed to identify where the structure was weakest. The unanswered question in Nicholson’s case is how many of those weaknesses would have mattered if they had been exposed at trial instead of years later.

When the State Controls the Story

There is a broader problem here that extends well beyond Nicholson’s case. Michigan news coverage of criminal prosecutions too often begins and ends with the version of events supplied by police and prosecutors. Charging documents, press releases, arraignment coverage, probable-cause allegations, and prosecution quotes become the public record long before a defense has the resources, access, or platform to answer them.

That matters because the state controls the earliest and most authoritative-looking version of the story. It controls the charging language. It controls much of the investigative file. It decides what evidence to emphasize publicly. It has institutional access to reporters and an obvious interest in defending the legitimacy of its own investigation and prosecution.

As the old adage goes, the victor writes history. In criminal cases, the state often gets the first draft.

That does not mean prosecutors are always wrong, or that reporters are acting in bad faith. It means the information ecosystem is structurally tilted toward the prosecution’s narrative. Once that narrative is repeated enough times, allegations harden into accepted facts and prosecution theories begin to sound like neutral descriptions of what happened.

But the state having the loudest microphone does not make the state correct.

That is exactly why cases like Nicholson’s should be challenged rather than treated as closed simply because a conviction exists. Weak investigations do not improve when journalists, courts, and the public simply repeat the state’s theory back to itself. Prosecutorial overreach does not correct itself when no one examines the assumptions underneath it. Investigative failures remain invisible when every inconsistency is explained away in the direction of guilt.

There has to be room to say that an investigation was poor, that a prosecution reached beyond what the physical evidence established, that a defense failed, or that a conviction deserves another look. None of those conclusions require hostility toward law enforcement or indifference to victims. They require taking accuracy seriously enough to challenge the government when its theory does not hold together.

If the justice system is going to improve, somebody has to push back on bad investigations and weak prosecutions before their narratives become permanent history. A conviction should not end scrutiny. In some cases, it should be the reason scrutiny becomes more rigorous.

What the Later Audit Can and Cannot Tell Us

Wayne County’s auditor general issued a performance audit of the contract to provide medical examiner services dated August 1, 2022. WDIV reported that the review covered October 2019 through April 2022 and identified numerous management failures. Schmidt was replaced as chief medical examiner that year.

Those findings justify scrutiny of institutional practices. They do not establish that the 2010 autopsies in Nicholson’s case were mishandled or that Schmidt’s testimony was false. The audit examined a later period. Any claim that its findings undermine this conviction requires a demonstrated connection to the children’s records, evidence handling, or forensic analysis.

Judge Jones died on November 4, 2025. Her death does not invalidate her findings or prevent further examination of the case. The priority is preserving and reviewing the records that remain, including the trial transcript and defense materials.

Why Bring This Up Now?

Because there is a case in the national conversation right now that essentially demands it.

The Lindsay Clancy trial forced the public to confront questions about mental state, criminal responsibility, expert testimony, family resources, and what happens when a parent’s actions cannot be understood without examining what was happening psychologically at the time. Her defense argued that postpartum psychosis left her without criminal responsibility for killing her three children; prosecutors contested that position. On September 4, 2026, the trial ended in a mistrial after the jury could not reach a verdict. The mistrial was neither an acquittal nor a conviction.

That case does not prove anything about Steve Nicholson. The two cases are medically, legally, and factually different. But Clancy’s prosecution has reopened a broader question that should not be reserved for defendants with current media attention: when mental state may be central to criminal responsibility, how seriously was it investigated, how fully was it presented, and who actually had the resources to make the court listen?

That is why Nicholson’s case belongs back in the conversation now. His defense identified a mental-state expert. That expert was never called. Nicholson says the report concluded that he could not form the specific intent required for first-degree murder. At the same time, the prosecution built its theory around assumptions about what he heard, what he understood, how he behaved, and what his actions supposedly revealed about his intent.

If we are willing to spend years examining whether mental illness affected one parent’s criminal responsibility, then older convictions deserve the same willingness to look again when the record shows unanswered questions about mental state, impairment, expert evidence, and the quality of the defense.

Lindsay Clancy and the Unequal Reach of Compassion

The conversation surrounding Lindsay Clancy’s trial makes the question of mental state difficult to dismiss. Her defense argued that postpartum psychosis left her without criminal responsibility for killing her three children; prosecutors contested that position. On September 4, 2026, the trial ended in a mistrial after the jury could not reach a verdict. The mistrial was neither an acquittal nor a conviction.

A fundraiser for Clancy’s parents had surpassed $1 million in August, according to CT Insider. The outlet also documented hostile campaigns, demonstrating that the public response was divided. The money was raised for her parents. Describing it as a payment directly to Clancy would misstate the reporting.

That capacity to mobilize support deserves examination, but fundraising does not establish unlimited family wealth or show how particular donations were used. Separately, access to money can pay for sustained legal work and specialist review. Community standing can bring people willing to defend someone’s humanity in public. Sympathy becomes materially significant when it produces resources, attention, and the time needed to investigate a complicated explanation.

For a poor defendant, concern can stop well short of assistance. The public may express alarm, ridicule a person’s choices, and accept incarceration without ever asking whether the defense had the resources to develop the full account. The class question is whose crisis prompts an effort to understand, and whose circumstances are treated as sufficient explanation for punishment.

Clancy deserves a careful evaluation of the evidence and her asserted mental condition. That same commitment should extend to defendants who are difficult to identify with, whose lives involve drugs or instability, and whose families cannot mobilize substantial support. Understanding should not depend on respectability.

A Defense Should Not Cost a Family Everything

Clancy’s parents complicate any easy division between affluent families who receive help and poor families who receive punishment. In May 2023, Reddington said her parents were funding the defense and were “pretty much depleting everything they have to try and help her out.” Boston.com reported the statement from his interview with The Boston Globe.

The same report described court authorization for up to $17,500 in public funds for two mental-health experts. That was authorization for expert expenses, not disclosure of Reddington’s attorney fee, and it did not establish that the full amount had been spent.

The financial strain was being described only months into a case that continued into 2026. A family can have savings, professional connections, and community support and still face devastating defense costs. Families without those resources may have no comparable private cushion to spend in the first place.

That is a practice we should stop accepting as normal: securing a meaningful defense should not require parents to surrender their financial security. Attorneys deserve fair compensation for demanding work. Families also deserve clear fee terms, understandable accounting, and protection against pressure to commit money they cannot afford. Public defense and necessary expert assistance should be adequately funded so that a serious examination of the evidence does not depend on relatives emptying their accounts.

The standard

The ability to command public sympathy should never determine whose mental state receives serious examination.

A Changed Conversation Should Reach Older Cases

The Clancy proceedings show that a public conversation can make room for psychiatric explanations even after the deaths of children. One trial cannot establish how much attitudes have changed across society. It can expose a standard we should be willing to apply consistently: grave harm does not eliminate the need to examine mental state, treatment history, and the quality of a defense.

For Nicholson, that means obtaining the report he describes, reconstructing counsel’s decisions, assessing the forensic disagreement against the complete record, reconstructing the physical scene, and testing the prosecution’s inference chain against the underlying evidence.

Ella and Jonathan’s deaths demand that care. Their lives should not become shorthand for an argument about their father, just as Clancy’s children should not disappear behind the debate about hers. An accurate account must hold the children’s loss and the obligation to scrutinize criminal responsibility together.

What a Meaningful Review Requires

The expert file: Obtain and review the report Nicholson describes, including its date, scope, and conclusions.

The defense decision: Review the trial transcript and counsel’s file to establish why the witness was not called.

The legal analysis: Separate the legal availability of an intoxication defense from the factual question of Nicholson’s actual physiological functioning.

The forensic record: Compare both experts’ testimony with the original photographs, slides, reports, and scene evidence.

The burn mechanics: Determine the documented water temperature, burn distribution, estimated exposure time, and whether Nicholson’s hands and forearms were photographed or examined for thermal or restraint-related injuries.

The toxicology question: Locate any testing of Nicholson and document reported substances, amounts, timing, prescriptions, police observations, EMS findings, and expert analysis bearing on his actual functionality.

The acoustic record: Separate jailhouse-informant allegations from testimony of neighbors actually positioned to hear the apartment. Identify exactly what neighbors reported hearing, and what they did not.

The neighbor response: Establish whether any neighbor contacted police, apartment management, maintenance, or the landlord during the hours the water was reportedly audible.

The water reconstruction: Reconstruct flow rate, temperature over time, drainage obstruction, flooding, apartment layout, and the children’s ability to access and move through the bathroom.

The staging theory: Examine the prosecution’s claim that Nicholson deliberately flooded the apartment against Nicholson’s statement that he had no renter’s insurance.

The custody history: Obtain the custody order and underlying family-court record concerning the child Nicholson says he was awarded full custody of. Determine what findings, if any, accompanied that decision and whether those records were available to the criminal defense.

The inference chain: Identify every factual premise underlying Goldfarb’s “lightning strikes” argument and determine which propositions were established by evidence and which depended upon inference.

The defense performance: Identify which contradictions, physical-mechanics questions, and competing interpretations were actually presented to Judge Jones and which were left undeveloped.

The resources question: Document representation, funding, and access to experts before attributing defense decisions to poverty.

Why This Case Still Matters

In a world shaped by the Lindsay Clancy trial, Nicholson’s case is worth examining to understand whose humanity receives recognition, whose struggle becomes evidence against them, whose ambiguous conduct becomes incriminating through repetition, and whose family must risk financial ruin to secure a meaningful defense.

The concern is no longer limited to one uncalled expert. The record presents a disputed forensic reconstruction, unresolved questions about Nicholson’s actual impairment, hours of running water, a flooded and overheated scene that requires reconstruction, an absence of identified physical restraint evidence in the appellate summary, unanswered questions about the mechanics of scalding and restraint, and neighbor testimony that appears to have been treated as highly meaningful when it established running water but not equally meaningful when it failed to establish screaming or prolonged distress.

Layered over those questions was a prosecution argument built explicitly around accumulation: Goldfarb’s “lightning strikes.” But improbability is not proof of the competing hypothesis. When one inference supplies support for the next, weaknesses do not remain isolated. Pull one card and the structure above it has to be examined again.

The prosecution’s success also cannot be separated from what the defense failed to challenge. A persuasive story can look like overwhelming evidence when its assumptions are never placed under enough pressure. The more unanswered questions emerge from this record, the more important it becomes to examine not only what Wayne County argued, but what Nicholson’s attorney failed to make the court confront.

Those questions do not erase the evidence against Nicholson. They demonstrate why that evidence should be tested rather than assembled into a narrative and treated as self-validating. A life-without-parole conviction should survive scrutiny at the level of mechanics: what happened, when it happened, what could be heard, what could be physically done, what injuries should or should not have resulted, how impaired Nicholson actually was, and what the forensic evidence can genuinely establish.

Nicholson’s case presents documented omissions and disputed interpretations that deserve answers grounded in the complete records. The discussion surrounding Clancy gives that work broader urgency: if we are learning to speak more carefully about mental crisis, we should apply that care to people already serving long sentences, including those without money or social standing.

Compassion should become a commitment to investigate and to make a meaningful defense accessible. Families should not have to choose between financial security and helping someone they love confront the power of the state. Criminal convictions should not depend on ambiguous facts consistently being interpreted in only one direction.

Sources and Reporting Scope

People v. Nicholson, No. 304784, Michigan Court of Appeals, October 2, 2012 (unpublished).

Michigan Legislature, MCL 768.37, voluntary intoxication and affirmative-defense exception.

Unforbidden Truth, jailhouse interview with Steve Nicholson, May 26, 2025.

U.S. Census Bureau, Custodial Mothers and Fathers and Their Child Support: 2009.

Michigan Department of Health and Human Services, 2010 divorce custody statistics concerning custody awarded to husbands.

Contemporary reproduction of Daily Tribune reporting on closing arguments and verdict, including Assistant Prosecutor Carin Goldfarb’s “lightning strikes” argument and closing remarks, April 2011.

CBS Detroit / Associated Press, trial coverage and Wayne County Prosecutor Kym Worthy’s public statement.

Kidde, smoke alarm sound causes and environmental triggers, including steam and humidity.

Wayne County Office of the Legislative Auditor General, Contract to Provide Medical Examiner Services, DAP No. 2021-57-003, August 1, 2022.

WDIV, reporting on the audit and replacement of Carl Schmidt, August 17, 2022.

ABC News, Lindsay Clancy mistrial coverage, September 4, 2026.

CT Insider, reporting on Clancy-related fundraisers, September 4, 2026.

Prison Policy Initiative, Prisons of Poverty, 2015.

Boston.com, reporting on family defense funding and court-authorized expert expenses, May 5, 2023.

Associated Press, reporting on Clancy’s post-mistrial defense motions, September 2026.

Reporting note: Court-record descriptions in this article are drawn from the 2012 appellate opinion, which summarizes testimony and rulings. It is not a substitute for the complete trial record. Nicholson’s later account is attributed to interview material and direct reporting. Nicholson’s statement that he did not carry renter’s insurance and his account that he had previously been awarded full custody of one of his children should be treated as his account unless independently confirmed through the underlying records. Identification and treatment of jailhouse-informant testimony should likewise be verified against the trial transcripts and witness records.

Citing This Article

Rita Williams, The Nicholson Case File: The Expert Never Heard, and Who Gets the Benefit of Complexity, Clutch Justice, September 1, 2026; updated September 26, 2026. Article permalink.

Continue Your Investigation

If this reporting raised more questions, use the Clutch Justice ecosystem to keep going.