Lindsay Clancy’s defense attorney, Kevin Reddington, and Judge Sullivan got into a heated exchange Friday after the judge ruled that he would not question the potential holdout juror further before sending the nine women and three men back to continue deliberations for a seventh day.
Reddington pleaded for the judge to question the juror identified by the jury foreperson in a Thursday’s note as not following the judge’s instructions regarding reasonable doubt. Reddington argued that the juror, who was under oath looked the judge in the eye and lied about their willingness to follow court instructions
“I have never seen a situation like this where a foreperson on the jury is so courageous as to speak on behalf of 11 jurors and indicate the jury number, which I will not mention, and I quote, has made statements acknowledging doubt, but refuses to apply it to the verdict as the law states,” Reddington said in open court.
Reddington took issue with the judge deciding the jurors to continue deliberating Friday as usual without any inquiry or acknowledgement of Thursday’s dramatic events.
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“I’m concerned that if you do that, that foreperson is going to feel that that is some type of the she violated something and might feel that, Your Honor, is kind of coming down on her not to do that. And I think it’s too delicate right now in situation,” Reddington said. “And in addition, and finally, I soft ask that you not just give them, as they described yesterday, a soft inquiry where you would listen to my instructions. I would ask that you specifically direct their attention to proof beyond a reasonable doubt and re instruct them on that forcefully.”
“I think you did yesterday, didn’t I?” Judge Sullivan said, referring to his reminding of the jury of their instructions regarding reasonable doubt.
“You did it soft. You didn’t do it forcefully,” Reddington retorted.
“What do you want me to do?!” Judge Sullivan spat back.
" I want you to a get a grasp," Reddington replied.
The Commonwealth argued for no inquiry of that juror and for the deliberations to continue, which is what the judge ultimately decided.
“There’s no indication of a lack of impartiality or bias or extraneous influence and no indication of inability to deliberate,” prosecutor Jennifer Sprague stated.
Judge Sullivan said a juror may be discharged only for reasons personal to that juror. The judge says the instruction that the Supreme Judicial Court says is that reasonable doubt does not mean proof beyond all possible doubt and that Thursday’s note does not indicate that this is a person who has refused to follow the law.
The judge also asked that the jury not send anymore notes containing specific information regarding deliberations and to not single out any of the jurors by number.
Reddington filed an emergency motion Friday morning, asking the judge stop holding sidebar discussions during the trial and have future arguments and proceedings handled in open court.
The motion came after a lengthy sidebar discussion Wednesday centering around the juror that Reddington claims is refusing to follow the law regarding proof beyond a reasonable doubt.
The jurors have been trying to reach a verdict since last Thursday, when closing arguments took place.
They’ve only asked the judge one question; to see some evidence, a knife and two pill bottles. Three notes sent to the judge have indicated that the nine women and three men have been able to reach a verdict, with Thursday’s note indicating that one juror may be preventing a verdict.
The jury is going into its seventh day of deliberation, continuing to weigh whether Clancy is criminally responsible for her actions in the deaths of her three children in Duxbury in January 2023, despite informing Plymouth Superior Court Judge William Sullivan for a second time on Wednesday that it was deadlocked and unable to agree on a verdict.
This is a developing story. Check back for updates as more information becomes available.
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