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Woman ARRESTED outside Lindsay Clancy trial for recording jurors · INSIGHT TODAY

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  Speaker 1: But I'm glad he's okay.
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  Speaker 2: We're on the case.
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  Speaker 3: All right, Bill Mulligan, thank you so much.
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  Speaker 1: The Fox News Focus is next.
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  Speaker 4: Sandra, good morning.
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  Speaker 1: Good morning, Dana, Phil, thank you. The jury in the
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  Speaker 1: Lindsay Clancy murder trial, meanwhile, is back at it, trying
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  Speaker 1: once again to reach a verdict. The judge told the
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  Speaker 1: deadlocked panel to return today, and this will be the
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  Speaker 1: fifth day of deliberations. This is the Faulkner Focus. I'm
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  Speaker 1: Sandra Smith in for Harris on this Wednesday. Jurors worked
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  Speaker 1: through the day Tuesday after sending a note in the
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  Speaker 1: morning saying they could not reach a unanimous decision. Under
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  Speaker 1: Massachusetts law, the judge can deploy the Tui Rodriguez charge
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  Speaker 1: if the jury comes back again. without a consensus. It
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  Speaker 1: is a final instruction that asks the jury to give
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  Speaker 1: the case one more hard look and to reexamine their views.
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  Speaker 1: After that, the judge cannot force more deliberation, leaving the
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  Speaker 1: door wide open for a mistrial. Here's Nancy Grace on
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  Speaker 1: what she thinks could be holding up a verdict.
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  Speaker 2: One or more jurors are refusing to budge at all.
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  Speaker 2: That tells me we're not going to get a compromise verdict.
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  Speaker 2: I think they're arguing about NGBRI not guilty by reason
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  Speaker 2: of insanity or possibly murder, too, because there is no
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  Speaker 2: not guilty. The children are dead. Take that off the table.
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  Speaker 2: So the best that the defense can get is not
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  Speaker 2: guilty by reason of insanity. And I think therein lies
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  Speaker 2: the rub.
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  Speaker 1: So possible verdicts in this Clancy case range from not guilty,
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  Speaker 1: not guilty due to lack of criminal responsibility, guilty of
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  Speaker 1: first-degree murder, which carries a potential life sentence without parole,
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  Speaker 1: guilty of second-degree murder and a potential life sentence with
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  Speaker 1: the possibility of parole, and finally, guilty of manslaughter, which
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  Speaker 1: could land Clancy in in prison for up to 20 years.
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  Speaker 1: Criminal defense attorney Josh Ritter will join us in moments.
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  Speaker 1: But first, let's get the latest from Nate Foy. He's
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  Speaker 1: outside the courthouse there in Plymouth, Massachusetts, for us.
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  Speaker 2: Nate?
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  Speaker 3: Hey, Sandra. Good afternoon. So we will start with the
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  Speaker 3: woman who yesterday was accused, she was arrested, for taking
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  Speaker 3: pictures of the Lindsay Clancy jurors. And she was just arraigned.
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  Speaker 3: She pleaded not guilty to one charge of aggravated intimidation
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  Speaker 3: of a witness or jurors. And she had some words
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  Speaker 3: with the media when she left the courthouse moments ago.
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  Speaker 3: So the judge ordered 56-year-old Dawn Light to stay away
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  Speaker 3: from the courthouse, witnesses, and jurors. Light also agreed not
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  Speaker 3: to disseminate any pictures or videos that she took of
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  Speaker 3: the Lindsay Clancy jurors. Light will be back in court
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  Speaker 3: on October 15th. She faces up to 20 years in prison.
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  Speaker 3: I asked Kevin Rennington, Lindsay Clancy's lawyer, about Light's arrest
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  Speaker 3: as he walked into the courthouse today. Kevin, what do
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  Speaker 3: you make of the fact that the jury can't reach
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  Speaker 3: a unanimous decision right now?
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  Speaker 2: Well, let's see what they do today.
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  Speaker 1: They've been obviously incredibly hardworking, and we'll see how it
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  Speaker 1: works out today.
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  Speaker 3: How do you react to the woman who was arrested
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  Speaker 3: for taking pictures of the jury?
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  Speaker 5: I don't.
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  Speaker 2: It doesn't affect us at all.
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  Speaker 3: So the Clancy jury is deliberating at this hour, Sandra,
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  Speaker 3: but before they started today, the judge called each juror
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  Speaker 3: for a sidebar to ask them questions, and legal experts
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  Speaker 3: say it likely had to do with Don Light's arrest.
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  Speaker 3: If the jury remains deadlocked, the judge could send them
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  Speaker 3: back to deliberate with what is called in Massachusetts a
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  Speaker 3: Tui Rodriguez charge. If the jury comes back deadlocked again
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  Speaker 3: after that and refuses to continue deliberating, it would be
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  Speaker 3: a hung jury and a mistrial. Right now, the jury
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  Speaker 3: has been deliberating for over 24 hours, and we are
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  Speaker 3: waiting for their next note to the judge.
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  Speaker 5: Sandra?
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  Speaker 1: Got it. Nate Poi, live there in Plymouth for us. Nate, thanks.
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  Speaker 1: Josh Ritter is here, criminal defense attorney and Fox News contributor.
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  Speaker 1: All right, so I guess the question is, what happens next?
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  Speaker 4: Well, I think this is interesting. If we look at
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  Speaker 4: the timing— and I'm just doing my best to read the
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  Speaker 4: minds of these jurors as anybody else— but yesterday, they came
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  Speaker 4: in early. First thing they did was— nearly first thing they
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  Speaker 4: did was send a note to the judge saying that
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  Speaker 4: they're at an impasse and they're hung. The judge quickly
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  Speaker 4: sent them back in, didn't really ask them if there
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  Speaker 4: was anything that would be helpful, didn't ask them what
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  Speaker 4: way they were split or how they were split, sends
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  Speaker 4: them back in. We don't hear from them at all.
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  Speaker 4: And my thinking was, at first, that they may have
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  Speaker 4: felt that they were at an impasse that previous day
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  Speaker 4: and said, let's sleep on it. And that's why they
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  Speaker 4: sent the note out so early in the morning. Now, today,
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  Speaker 4: we don't hear anything from them. They go back in
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  Speaker 4: and they start to deliberate. All I can take away
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  Speaker 4: from this is that they're back there working. And whatever
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  Speaker 4: impasse they felt they were at, they haven't let us
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  Speaker 4: know that they're still at that same spot, which may
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  Speaker 4: indicate that they're working towards some sort of verdict. I
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  Speaker 4: know I'm being optimistic and hopeful here, but that's at
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  Speaker 4: least what's indicated to me by the silence from them
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  Speaker 4: at this point.
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  Speaker 1: So if a mistrial is declared, ultimately, if they can't
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  Speaker 1: come to a unanimous decision here and a new trial begins,
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  Speaker 1: would the prosecution be able to put a new jury
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  Speaker 1: in place? What happens there?
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  Speaker 4: Yeah, it's like the first trial never happened. They start
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  Speaker 4: all over again. They would immediately arraign her. She would
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  Speaker 4: remain in custody. And they would set a trial date.
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  Speaker 4: It would be back on the trial track. They may
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  Speaker 4: use the previous indictment that they had. They may have
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  Speaker 4: to go back to the grand jury and get another indictment.
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  Speaker 4: But it's like we're starting from square one. You remember,
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  Speaker 4: it took us about three years to get here from
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  Speaker 4: the murders till now. So it could take some additional
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  Speaker 4: time to get to a new trial. And they would
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  Speaker 4: pick an absolute— a brand-new jury, which is interesting now, because
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  Speaker 4: with the inundation of coverage on this and the impact
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  Speaker 4: on this community, I wouldn't be surprised if we saw
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  Speaker 4: a motion from the defense, at least, to have this
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  Speaker 4: moved to a different venue. But we'll see. AMY GOODMAN If.
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  Speaker 1: That were the case and there was a new trial— and
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  Speaker 1: to your point, it could take years to set that up.
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  Speaker 1: Look at what happened this time around. Does she remain
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  Speaker 1: in custody?
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  Speaker 4: Yes, she would be likely charged again with first-degree murder
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  Speaker 4: and have a no-bail bond set on her, and she
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  Speaker 4: would remain in custody during the pendency of that second trial,
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  Speaker 4: if that happens.
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  Speaker 1: Got it. Josh, moving on to Tyler Robinson, a judge—
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  Speaker 1: made it official yesterday. Tyler Robinson will stand trial for
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  Speaker 1: the murder of Charlie Kirk, and prosecutors will be allowed
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  Speaker 1: to seek the death penalty. Judge Tony Graff ruled that
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  Speaker 1: the state had presented enough evidence to send the case
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  Speaker 1: to trial. At the end of Graff's remarks, Robinson's attorneys
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  Speaker 1: entered a plea of not guilty for all seven charges.
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  Speaker 1: Here's James Galeano on the judge's handling of this case.
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  Speaker 5: In an evidentiary hearing, all you have to do is
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  Speaker 5: you have to show that there is, you know, reason
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  Speaker 5: to believe that the defendant in this case was responsible
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  Speaker 5: for the seven counts on it. I think they did
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  Speaker 5: a masterful job on that. It was a fait accompli.
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  Speaker 5: The judge, I think, is operating from the beginning in
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  Speaker 5: an abundance of caution. He dragged it on yesterday, but
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  Speaker 5: I think that was important to make sure that he
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  Speaker 5: dotted all the I's and crossed all the T's.
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  Speaker 1: Charlie Kirk's widow, Erica, issued this statement on behalf of
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  Speaker 1: the family. Today's decision, which comes nearly a year since
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  Speaker 1: Charlie was taken from us, marks an important step in
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  Speaker 1: our family's pursuit of justice for him. Every step in
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  Speaker 1: this process carries the weight of all that Charlie's murder
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  Speaker 1: has taken from his family, especially his children, who will
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  Speaker 1: grow up without their father. This obviously has been, Josh,
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  Speaker 1: just an incredibly difficult time for that family and all
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  Speaker 1: that they have been through and how long this particular
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  Speaker 1: situation is taking. But this does mark an important next step, Josh.
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  Speaker 4: Yeah, we're a year out from his murder, and we've
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  Speaker 4: just now received a ruling on the preliminary hearing. So,
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  Speaker 4: it is taking a long time. And if that's any
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  Speaker 4: indication of things to come, we could be looking at
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  Speaker 4: a trial well into next year, perhaps even beyond that.
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  Speaker 4: I don't even want to say that. But this judge, again,
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  Speaker 4: has demonstrated how he is incredibly comprehensive. to the point
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  Speaker 4: of exhaustive. He allowed both parties to be heard. They
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  Speaker 4: had full-fledged arguments, just so everybody understands, too. Usually in
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  Speaker 4: a preliminary hearing, the judge will issue a ruling that
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  Speaker 4: very day. He's heard all the evidence. It's only a
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  Speaker 4: probable cause standard, so much lower than trial and beyond
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  Speaker 4: a reasonable doubt. But the judge allowed them to have
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  Speaker 4: full-throated arguments. They filed briefs. And then he took time
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  Speaker 4: to issue his ruling, where he was just detailed, going
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  Speaker 4: through each piece of evidence into why he arrived at
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  Speaker 4: that standard. No shock, no surprises in the actual ruling.
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  Speaker 4: He was held to answer. He'll be bound over on
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  Speaker 4: all of the crimes, including the aggravating circumstances which allow
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  Speaker 4: for the death penalty in this case.
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  Speaker 1: All right. We will keep watching that. And also, we
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  Speaker 1: are still on, as we mentioned, Clancy trial verdict watch
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  Speaker 1: as well. Josh, thank you very much.