Latest / DEEP INSIGHT / Clancy holdout juror RESPONDS to Reddington's probe push

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Clancy holdout juror RESPONDS to Reddington's probe push · DEEP INSIGHT

• 0:03
  Speaker 1: Legal experts are stunned, and many are appalled over this.
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  Speaker 1: Lindsay Clancy's attorney, Kevin Reddington, wants an investigation into the
• 0:11
  Speaker 1: holdout juror from the mistrial. Reddington is accusing that lone
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  Speaker 1: juror of hiding his criminal record and lying under oath.
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  Speaker 1: Michael Desrunville. And his attorney have responded this way. The
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  Speaker 1: Looney Tunes motion filed yesterday by Kevin Shooter McGavin, Reddington,
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  Speaker 1: to investigate Michael is not just an attack on Michael
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  Speaker 1: for being the courageous loan holdout juror. Reddington's motion is
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  Speaker 1: actually a full frontal attack on the U.S. Constitution. Fox
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  Speaker 1: News contributor Josh Ritter here.
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  Speaker 2: Think about how that will work if the tables were
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  Speaker 2: turned and this was a hung jury where it was
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  Speaker 2: 11 in favor of guilt. It would be unthinkable for
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  Speaker 2: the courts to try to investigate or haul in that
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  Speaker 2: holdout juror and make them answer questions as to why
• 1:01
  Speaker 2: they held out. We would respect that decision, and the
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  Speaker 2: same should be applied here, regardless which way the jurors
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  Speaker 2: were leaning.
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  Speaker 1: Got to follow the story. Let's get on it. National
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  Speaker 1: correspondent Brian Yannis.
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  Speaker 3: Brian. Harris, Lindsey Clancy's attorney, Kevin Reddington, wants the court
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  Speaker 3: to question the lone holdout juror on the record, subpoena
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  Speaker 3: his cell phone records, and have his confidential juror questionnaire
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  Speaker 3: turned over. In a court filing, Reddington says the holdout
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  Speaker 3: juror should be asked about whether he lied on his
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  Speaker 3: jury questionnaire. and during voir dire about a past domestic
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  Speaker 3: violence incident and a restraining order, and whether he lied
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  Speaker 3: under oath about lawfully applying the reasonable doubt standard. Michael
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  Speaker 3: Duranville has identified himself as the holdout juror. Reddington wants
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  Speaker 3: Duranville's cell phone records from every day of deliberations to
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  Speaker 3: see if he searched outside information about the case. Another
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  Speaker 3: juror claims he was disengaged and scrolling on his phone.
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  Speaker 3: Duranville maintains he had no doubt Clancy was criminally responsible
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  Speaker 3: for killing her three children, and denies lying on his questionnaire.
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  Speaker 3: His attorney called Reddington's motion disgusting, writing,' If we follow
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  Speaker 3: his destructive proposal to its logical conclusion, we're going to
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  Speaker 3: have an endless cycle of prosecutors investigating holdouts who oppose guilty.'
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  Speaker 3: and defense attorneys investigating holdouts who oppose not guilty. Reddington
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  Speaker 3: also asked the judge to declare a not guilty by
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  Speaker 3: lack of criminal responsibility verdict, citing insufficient evidence while suggesting
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  Speaker 3: Clancy is ready to be committed to a mental institution.
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  Speaker 1: Quote, Ms.
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  Speaker 3: Clancy does not ask to go home. She asks only
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  Speaker 3: that the Commonwealth not get a second trial to prove
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  Speaker 3: what its own evidence could not prove before. the first time.
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  Speaker 3: Clancy's defense, Harris has also moved to dismiss murder charges
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  Speaker 3: on Devil Jeopardy grounds. A hearing is set for next week. Harris.
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  Speaker 1: All right, you set us up. Thank you very much.
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  Speaker 1: I want to bring in Focus Now, Kerry Urban, Fox
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  Speaker 1: News legal editor. All right, your top line thoughts about
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  Speaker 1: where we go next in all of this.
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  Speaker 4: Well, first, it's one thing to zealously advocate for your client,
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  Speaker 4: which I'm sure Kevin Reddington thinks he's doing, and I
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  Speaker 4: think a lot of people think so. But it's another
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  Speaker 4: thing to do— to do that and then also take a
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  Speaker 4: sledgehammer to the Sixth Amendment at the same time. And
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  Speaker 4: that's what I'm most concerned about, Harris.
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  Speaker 2: You know, what.
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  Speaker 4: Distinguishes our country, our legal system, from, say, that of
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  Speaker 4: Russia's is that we— our citizens, our Americans here, people who
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  Speaker 4: aren't even Americans, are guaranteed a fair trial, and that
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  Speaker 4: includes an impartial jury of their peers. Verdicts aren't pre-baked,
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  Speaker 4: and jurors are real people who have real opinions and
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  Speaker 4: real thoughts. You know, he has come out— this holdout juror
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  Speaker 4: has come out and said, I didn't have any doubts,
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  Speaker 4: contrary to what these fellow jurors have been saying as
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  Speaker 4: they've rushed to the cameras to have their way. As
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  Speaker 4: far as where this goes, there's a motion hearing coming
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  Speaker 4: up at the end of September. But, look, I don't
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  Speaker 4: see the judge in this case. granting this request to
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  Speaker 4: turn over his cell phone or examine that. Maybe there's
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  Speaker 4: a possibility that he takes a look at his questionnaire
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  Speaker 4: and questions him about that, given the questions that have
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  Speaker 4: been raised about possible past criminal activity. But I think
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  Speaker 4: that would be the most the judge would do in
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  Speaker 4: this particular case.
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  Speaker 3: All right.
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  Speaker 1: And when I say what's next, I mean specifically to this,
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  Speaker 1: because can you imagine you're being tapped to go be
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  Speaker 1: on a jury now? And if you know anything about
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  Speaker 1: this case, you might be having second thoughts like, well,
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  Speaker 1: am I going to be outed? And, you know, are
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  Speaker 1: people going to expect me to defend the decision that
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  Speaker 1: I made behind closed doors that became public in the court?
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  Speaker 1: I want to get to this. A YouTuber who spoke
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  Speaker 1: to the holdout juror in an off-camera interview with this quote,
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  Speaker 1: Michael Duranville thinks he knows why he might be getting targeted.
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  Speaker 1: He's a Republican. He is a black Republican. He has
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  Speaker 1: conservative views. He believes he might be getting targeted because
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  Speaker 1: of that. He was on a juror panel with people
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  Speaker 1: of the Democrat Party. Your response?
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  Speaker 4: Look, I think we know that there's nothing liberals hate
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  Speaker 4: more than a conservative black man. I mean, we could
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  Speaker 4: go through history, and we could point out figures where
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  Speaker 4: that's been the case. Now, we don't really know much
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  Speaker 4: about this lone juror yet, other than a couple of
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  Speaker 4: statements his attorneys made, which is why I think he
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  Speaker 4: should come on our air and tell his side of
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  Speaker 4: the story. We'd certainly love to have him. But, look,
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  Speaker 4: I do think, at a minimum, Harris, should this be
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  Speaker 4: about race? Of course it should be. But, however, given—
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  Speaker 4: our country's terrible history on race, at a minimum, this
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  Speaker 4: is a bad look. It's a bad look when all
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  Speaker 4: the white jurors are ganging up on the black man,
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  Speaker 4: and the black man now supposedly is someone who is
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  Speaker 4: conservative and sided with a position that is typically more
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  Speaker 4: in line with people who support.
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  Speaker 3: The rule of law.
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  Speaker 1: So is there anything legally, like, you know, you get
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  Speaker 1: into the courtroom, is there anything the judge could do
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  Speaker 1: or could have done differently? September 29th, next Tuesday, is
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  Speaker 1: when they're back in court for the first time since
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  Speaker 1: the mistrial, by the way. I wanted to, because you
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  Speaker 1: brought up that date. Carrie, just real quickly.
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  Speaker 4: Yeah, look, I think the judge should have rebuked Kevin
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  Speaker 4: Reddington for running out to the cameras after the trial
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  Speaker 4: and basically doxing this particular juror. So I think he
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  Speaker 4: could have done that. I think Clancy's arguing that he
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  Speaker 4: should have questioned this juror when the jurors complained about him.
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  Speaker 4: But look, the jury, this judge knows more than we do.
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  Speaker 2: Right.
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  Speaker 4: He was part of the questioning. He knows things that
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  Speaker 4: we don't. And so he still went ahead and made
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  Speaker 4: the decision that he did. And by the way, let's
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  Speaker 4: not forget, the Massachusetts Supreme Court already declined to get
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  Speaker 4: involved when Kevin Reddington made his motion for them to
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  Speaker 4: get involved after the mistrial was declared. And so, again,
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  Speaker 4: I don't see that cell phone request going anywhere. Maybe
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  Speaker 4: they'll review the questionnaire. But at a minimum, this is
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  Speaker 4: troublesome for the rule of law and the system of
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  Speaker 4: justice in this country.
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  Speaker 1: Carrier bond. Always a pleasure. Thank you very much.
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  Speaker 3: Thank you.