Lindsay Clancy defense demands investigation into holdout juror who blocked not guilty verdict
Lindsay Clancy's legal team is calling for an investigation into the holdout juror who wanted to find her guilty of murder charges in connection with the strangling deaths of her three young children.
Clancy attorney Kevin Reddington is asking a Massachusetts judge to preserve juror records from all 12 panelists and six alternates, including their questionnaires, courthouse hallway surveillance video taken outside the deliberation room and sign-in sheets for the jurors' cellphones.
Reddington is asking the court to conduct a "limited inquiry" into the holdout and for information on any potential background checks stemming from a February motion for access to prospective juror information filed by Plymouth County prosecutors.
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He's also seeking the holdout's juror questionnaire and any supplemental filings, probation records and "Juror Doe's record from the statewide domestic violence registry." He is asking the judge to require prosecutors to divulge whether it has had any contact with the holdout as a defendant, complainant or subject going back to January 2021.
Additionally, Reddington is looking for the holdout's phone records between the hours of 8:30 a.m. and 4:30 p.m. on each deliberation day and asking for the court to order an independent examination into his phone use during the deliberation period.
Read the motion:
Lastly, he wants the holdout to be grilled regarding the truthfulness of his juror questionnaire and voir dire answers, his statements to the court on Sept. 3, and the use of a phone or outside information during deliberations.
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"The court may also hear from Juror No. 10 limited to what he observed of Juror Doe's phone use," Reddington advised in the filing.
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Clancy's trial was declared a mistrial on Sept. 4 after jurors deadlocked 11-1 in favor of finding her not criminally responsible for the slayings due to mental illness or defect. Her defense had claimed she was suffering from postpartum psychosis and repeatedly sought help to no avail.
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Prosecutors argued that she acted deliberately and understood that strangling her children one by one with exercise bands was wrong.
The lone holdout juror is referred to only as "Juror Doe" in the motion due to the court's impoundment order protecting the jurors' identities.
Prosecutors have not yet officially announced whether they'll seek a new trial for Clancy, who faces three counts of first-degree murder for the deaths of Cora, 5, Dawson, 3, and Callan, 8 months.
Clancy's attorney has separately asked the court to overrule the holdout and declare her not guilty, a routine motion that experts nonetheless have said rarely succeeds.