The judge in the Lindsay Clancy case has denied her request for an evidentiary hearing into issues involving the holdout juror from her trial.
Clancy’s 26-day trial ended in a mistrial on Sept. 4 after the jury was unable to reach a verdict. The jury foreperson identified one juror as the lone holdout.
Clancy’s attorneys sought records and further questioning of the juror as part of their effort to dismiss the three murder indictments against her on double-jeopardy grounds.
The defense raised questions about whether the juror had lied on a questionnaire during jury selection and whether the juror improperly used a cellphone or received outside information during deliberations.
The defense argued the court could have investigated the juror and potentially replaced them with an alternate rather than declaring a mistrial.
Sullivan ruled that whether the mistrial was necessary must be based on what was known at the time it was declared, not information that surfaced afterward. He also ruled that further inquiry into the juror’s reasoning or the substance of jury deliberations would be inappropriate.
Clancy’s motion to dismiss the murder charges has not been decided and remains pending.
The parties are scheduled to argue their motions on Nov. 2.
This is a developing story. Check back for updates as more information becomes available.
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