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Clancy defense files to STOP judge's mistrial ruling · INSIGHT TODAY

• 0:00
  Speaker 1: Wow.
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  Speaker 2: Okay.
• 0:01
  Speaker 3: So it's a.
• 0:02
  Speaker 2: Hung jury, deadlocked letter and note from the jury saying
• 0:06
  Speaker 2: with our deepest regrets, essentially, they did not be, they
• 0:11
  Speaker 2: weren't able to come up with a verdict. So now
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  Speaker 2: they want a mistrial, but now we're going to wait.
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  Speaker 2: The defense now has one hour to try to appeal
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  Speaker 2: and get a stay on the decision of calling this
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  Speaker 2: a mistrial. Donna Rotuno, criminal defense attorney and Fox News contributor,
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  Speaker 2: joins me now. All right, Donna, this is fascinating because
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  Speaker 2: we basically just watched this become a mistrial and then
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  Speaker 2: all of a sudden, oh, wait, no, we're going to
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  Speaker 2: give it an hour and then we're going.
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  Speaker 3: To come back.
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  Speaker 2: And then if the stay sticks, then what happens?
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  Speaker 1: So, Jillian, what we just watched is the judge, as
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  Speaker 1: you said, said he was going to declare a mistrial.
• 0:49
  Speaker 1: There is no declaration of a mistrial yet, given the
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  Speaker 1: fact that the jury was not brought in. He has
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  Speaker 1: not dismissed them. So we can't even really call it that.
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  Speaker 1: It was a conversation between the parties in open court.
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  Speaker 1: But what we can say is that Kevin Reddington wants
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  Speaker 1: to appeal this judge's claim. potential ruling here on a
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  Speaker 1: mistrial to say that the judge should allow him the
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  Speaker 1: right to go before a one-justice appellate court judge and
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  Speaker 1: argue that this juror should be removed and a new
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  Speaker 1: juror should be replaced and that the judge should have
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  Speaker 1: to pause before calling a mistrial until he does that.
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  Speaker 1: This is an unprecedented move here. I mean, we have
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  Speaker 1: not seen anything like this. This is really very, very interesting. No,
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  Speaker 1: this is not what we expected. I mean, we did
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  Speaker 1: not expect any of this.
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  Speaker 2: No, my jaw was dropping the entire time.
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  Speaker 1: In all of our conversations, Julie. Yeah, Julie, in all
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  Speaker 1: of our conversations about this, this we did not expect.
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  Speaker 1: We thought it was going one way. And then Kevin
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  Speaker 1: Reddington said, I think I would like to appeal this ruling.
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  Speaker 1: I need a stay. But the practical side of that
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  Speaker 1: becomes very difficult because what happens? You just leave this
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  Speaker 1: jury out wondering what's going on. So if the judge
• 2:02
  Speaker 1: decides that the appellate court is going to give him
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  Speaker 1: that stay, then the judge has no other options. The
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  Speaker 1: trial judge has no other option, because if the appellate
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  Speaker 1: court swoops in and says, yes, we're going to hear this,
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  Speaker 1: then the judge's hands here are tied, and he has
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  Speaker 1: to wait to see what the appellate court is going
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  Speaker 1: to do. And then how do you even advise this jury?
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  Speaker 1: You just say, come back on Tuesday? And then how
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  Speaker 1: do they not hear all of this going on, and
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  Speaker 1: they know that this is a subject now of a
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  Speaker 1: direct appeal? Jillian, this is something.
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  Speaker 2: It's something, I will tell you.
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  Speaker 1: Josh, first of all— Julie.
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  Speaker 3: I apologize.
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  Speaker 1: Julie, I apologize. I keep saying Julie. Julie, I'm out
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  Speaker 1: of my mind here.
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  Speaker 2: No, I think we're all a little bit out of
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  Speaker 2: our minds, right? I mean, Josh, the fact that— now, you know,
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  Speaker 2: first of all, we have to give it to Kevin Reddington.
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  Speaker 2: I mean, as far as a defense attorney, to come
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  Speaker 2: up with this— I mean, he literally just pulled, like, a
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  Speaker 2: magic hat out of his back. I mean, nobody saw
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  Speaker 2: this coming. And in order to get that stay. So
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  Speaker 2: he's got one hour. So the judge is hearing him out.
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  Speaker 2: But it was right before the jury was about to walk.
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  Speaker 3: In the room.
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  Speaker 2: Imagine if he had actually done that and the jury
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  Speaker 2: was like halfway in the courtroom. That's unprecedented as well.
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  Speaker 2: He clearly and we already talked about this, but we
• 3:16
  Speaker 2: know that basically 10 of those jurors had made their
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  Speaker 2: mind up that beyond a reasonable doubt that in fact
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  Speaker 2: she did not know. what she was doing at the
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  Speaker 2: time of the murders and that the postpartum psychosis was
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  Speaker 2: the reason why she killed her children, therefore finding her
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  Speaker 2: not guilty, but also they were about to send her
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  Speaker 2: off pretty much to a life of a mental institution.
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  Speaker 2: And so now we've got this one juror who obviously
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  Speaker 2: Kevin Reddington desperately wants to get off of the jury
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  Speaker 2: in order to try to get one of those alternates.
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  Speaker 2: That's going to be the question. If they go to
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  Speaker 2: an appellate court with this, because that's now what he's
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  Speaker 2: got to do. He's Then he gets a chance to appeal.
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  Speaker 3: It to an appellate court.
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  Speaker 2: How does he convince appellate court to actually go ahead
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  Speaker 2: and select an alternate juror? Is there any chance of
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  Speaker 2: that even happening?
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  Speaker 3: I don't think he can. Listen, he's obviously desperate and
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  Speaker 3: understandably so. I mean, he's watching an 11 to 1,
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  Speaker 3: what he believes in his favor, jury walk out the door.
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  Speaker 3: You can understand if you're that close to him feeling
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  Speaker 3: like he pulled off a victory here, he's going to
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  Speaker 3: pull off any stop. I don't begrudge him that, but
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  Speaker 3: this is desperate. I think it is a stall tactic
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  Speaker 3: and some last resort. Hail Mary attempt to do anything
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  Speaker 3: but declare a mistrial here. The problem is it is
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  Speaker 3: a mistrial, and that's how the appellate court will look
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  Speaker 3: at it. This isn't going to end up in a
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  Speaker 3: conviction where they might stay this and say, hold on,
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  Speaker 3: before we do something that we can't unwind, let's go
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  Speaker 3: ahead and take a look at this. Where we end
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  Speaker 3: up at the end of this is a mistrial, back
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  Speaker 3: to square one. She's not a convicted felon. It's back
• 5:00
  Speaker 3: in the Commonwealth Court. They have to decide whether or
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  Speaker 3: not to bring charges. I just don't see this. You've
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  Speaker 3: heard of rare instances of where these last-minute— stays might
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  Speaker 3: be granted, but it's usually in a situation where if
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  Speaker 3: the court doesn't act, something can happen that can't be unwound.
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  Speaker 3: That's not what we're looking at here. What we're looking
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  Speaker 3: at here is a mistrial, which would lead to a
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  Speaker 3: new trial. But from Kevin Reddington's perspective, he's walking away
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  Speaker 3: from what he thought was near victory.