Judge denies Lindsay Clancy's bid to question holdout juror after mistrial
In short
Judge William F. Sullivan on Wednesday denied a request by Lindsay Clancy's lawyers to question the holdout juror who forced a mistrial in her triple-murder case. He wrote that information that emerged after the mistrial cannot be used to challenge it. Clancy is still due in court on Nov. 2.
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A Massachusetts judge, William F. Sullivan, on Wednesday denied a request from Lindsay Clancy's attorneys to question the holdout juror who forced a mistrial in her triple-murder case, according to ABC News, the Boston Globe and the New York Post. Clancy is charged with killing her three children. [ 1 , 2 , 3 ]
Defense lawyer Kevin Reddington had sought an evidentiary hearing to question juror Michael P. Desronvil. The Globe said Reddington wanted to know whether Desronvil lied during jury selection about his prior involvement with the criminal justice system, improperly used his cellphone during deliberations, and refused to follow the court's instructions about reasonable doubt. The Post said Reddington had asked to use the Nov. 2 court date to call witnesses about accusations that Desronvil lied on his jury questionnaire and used his cellphone during deliberations. [ 2 , 3 ]
According to the Globe, Reddington had urged Sullivan to conduct "a limited inquiry" into the confidential questionnaire the juror filled out before being seated, cellphone records showing how much time he spent texting and calling people during deliberations, and court records related to his criminal history and a civil restraining order. [ 2 ]
Sullivan said information that emerged after the mistrial was declared could not be used to challenge whether he was justified in declaring one. In his five-page order he wrote: "Because post-trial information potentially affecting Juror Doe's impartiality cannot be used to attack the determination that a mistrial was manifestly necessary, Clancy is not entitled to an evidentiary hearing on that issue." The Post reported that he ruled the mistrial must be evaluated only on the circumstances known at the time, and that inquiring further into the juror's reasoning or the jury's internal deliberations would be inappropriate. [ 2 , 3 ]
The Globe said the trial lasted a month and jurors deliberated over seven days. They told the judge they were unable to reach a unanimous verdict because of one juror. Sullivan told them to keep trying but declared a mistrial on Sept. 4. The Globe described the juror as the one who pushed for Clancy's conviction and would not agree to acquit her by reason of insanity, despite admitting he had doubts about her guilt. [ 2 ]
Clancy is still due in court on Nov. 2 for the next hearing in the case, ABC News reported. The Post said her motion to dismiss the charges remains pending and both sides are scheduled to present arguments that day. [ 1 , 3 ]
Why it matters
The ruling ends the defense effort, for now, to investigate the juror before the next hearing. Clancy's motion to dismiss the charges is still pending, and arguments on it are scheduled for Nov. 2.
Key facts
- Judge William F. Sullivan on Wednesday denied a request from Lindsay Clancy's attorneys to question the holdout juror in her triple-murder case. [ 1 , 2 , 3 ]
- Clancy is charged with killing her three children. [ 1 , 2 ]
- The case ended in a mistrial after the jury was unable to reach a unanimous verdict; the Boston Globe said Sullivan declared it on Sept. 4. [ 1 , 2 ]
- Defense lawyer Kevin Reddington had sought an evidentiary hearing to question juror Michael P. Desronvil. [ 2 , 3 ]
- Sullivan wrote that post-trial information cannot be used to attack the determination that a mistrial was manifestly necessary. [ 2 ]
- Clancy's next court date is Nov. 2, when both sides are scheduled to present arguments on her pending motion to dismiss the charges. [ 1 , 3 ]
Confirmed by several sources
- The judge denied the defense request to question the holdout juror. [ 1 , 2 , 3 ]
- The case ended in a mistrial last month because the jury could not reach a unanimous verdict. [ 1 , 2 ]
- The next hearing in the case is on Nov. 2. [ 1 , 3 ]
- The judge ruled that the mistrial must be assessed on what was known when it was declared, not on information that emerged later. [ 2 , 3 ]
Still unclear
- Whether Desronvil lied during jury selection, used his cellphone improperly or refused to follow instructions on reasonable doubt. These are points the defense wanted to investigate; the judge denied the inquiry and the documents report no finding on them.
- The outcome of Clancy's motion to dismiss the charges. The Post said the motion remains pending, with arguments scheduled for Nov. 2.