Boston 25 News Legal Analyst Peter Elikann says everyone in his circle was talking about what happened in court on Thursday.
“This is indeed a bombshell. We keep using the word unprecedented for this trial. It’s a wild card. Anything can happen.”
Elikann says it’s rare, but he says jurors in the past have refused to engage in the process or follow the law.
[ Is there a holdout? Defense says juror in Lindsay Clancy trial will be questioned Friday ]
“If this individual did not agree with the group that is fine, that is permissible. If somebody said they’re not going to follow the law, that is a huge issue.”
Criminal Defense Attorney Elyse Hershon says it’s unlikely for a juror to be replaced at this point.
“Someone failing to follow instructions is in a bit of a grey area but being a difficult juror that doesn’t want to read something or agree with people is not enough according to the rules to swap them out and remove them.”
Hershon says the most surprising thing on Thursday was that the note given to the judge from the jury was not read aloud. She believes the one juror that seems to be holding things up is a holdout to convict Clancy while the eleven others are in agreement on something less than a conviction.
“Most likely this will end in a hung jury,” Hershon said.
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