Latest / The Matt Walsh Show / INSTANT REACTION: Mistrial Declared In Lindsay Clancy Case
Transcript
- 0:00Speaker 1: The Lindsay Clancy trial has reached a conclusion, for now anyway,
- 0:05Speaker 1: with a mistrial. And I will give my instant reaction
- 0:08Speaker 1: and analysis of this news, which comes to us after
- 0:11Speaker 1: an absolutely bizarre and unprecedented string of events that are
- 0:15Speaker 1: almost hard to believe. But the only reason that we
- 0:17Speaker 1: ended with a mistrial at the end of all this
- 0:19Speaker 1: madness is simply because of the actions of a lone
- 0:23Speaker 1: heroic male juror, as we now know. A lot of
- 0:26Speaker 1: people speculated the jury of nine women and three men
- 0:30Speaker 1: would break down to men against women. Well, it turns
- 0:32Speaker 1: out we were right in assuming that every single woman
- 0:35Speaker 1: on the jury would want to acquit a mother who
- 0:37Speaker 1: brutally slaughtered her children. But we were wrong to assume
- 0:41Speaker 1: that all three men would stand strong for justice and
- 0:44Speaker 1: common sense. As it turns out, only one man did.
- 0:48Speaker 1: And because of this one man, Clancy did not get away,
- 0:52Speaker 1: not entirely, not yet anyway, with brutally murdering her three children. Apparently,
- 0:57Speaker 1: Only one male member of the jury was willing to
- 1:00Speaker 1: reach the obviously appropriate verdict in this case, which is
- 1:03Speaker 1: that there is no excuse, either legally or morally, for
- 1:07Speaker 1: the premeditated and systematic execution of your children. Based on
- 1:13Speaker 1: all the information we have, this lone male juror was
- 1:16Speaker 1: able to withstand a campaign of public intimidation by the
- 1:20Speaker 1: defense attorney in this case, as well as the jury foreperson.
- 1:25Speaker 1: The nine women on the jury and the two other
- 1:27Speaker 1: men were apparently not only willing to absolve Lindsay Clancy
- 1:30Speaker 1: of these barbaric murders, but they were also willing to
- 1:32Speaker 1: pressure the lone holdout when he didn't agree with them.
- 1:36Speaker 1: And thank God he fought back. We simply cannot live
- 1:39Speaker 1: in a country when murder is considered justifiable because a
- 1:43Speaker 1: woman claims that she was insane at the time. It's
- 1:46Speaker 1: an incoherent standard, by the way, the insanity standard, as
- 1:49Speaker 1: we'll discuss in a moment. And at least for now,
- 1:51Speaker 1: there's still a possibility that Lindsay Clancy will face justice
- 1:55Speaker 1: for what she did. We'll have to hear from the
- 1:57Speaker 1: state about if they're going to refile the charges and
- 1:59Speaker 1: what the charges will be. And hopefully they do. And
- 2:03Speaker 1: the thing is, if you had asked me a week ago,
- 2:04Speaker 1: I would have said that a mistrial in this case,
- 2:07Speaker 1: instead of a guilty verdict, would be a travesty and
- 2:10Speaker 1: a tragedy.
- 2:11Speaker 2: And it is.
- 2:12Speaker 1: I mean, it still is. But now that we know
- 2:14Speaker 1: that we were one sane member of the jury away
- 2:18Speaker 1: from a full acquittal, away from a woman admitting that
- 2:21Speaker 1: she murdered her children and waltzing away scot-free, the mistrial seems,
- 2:26Speaker 1: in that case, by comparison, like something of a win.
- 2:30Speaker 1: Or at least closer to a win than the alternative.
- 2:34Speaker 1: Clancy's odious defense attorney, Kevin Reddington, did everything in his
- 2:37Speaker 1: power to corrupt the process and force the acquittal by
- 2:40Speaker 1: any means necessary. When the jury returned today to say
- 2:43Speaker 1: that they were still deadlocked, that the lone male juror
- 2:47Speaker 1: was not intimidated by Reddington or the foreperson. Reddington initially
- 2:51Speaker 1: demanded the jury be sent back to continue deliberations. In
- 2:54Speaker 1: other words, he wanted the judge to tell the jury
- 2:57Speaker 1: for a third time that he would not accept a
- 3:01Speaker 1: hung jury. And of course, that would be coercive and inappropriate,
- 3:04Speaker 1: so the judge declined. He announced his intent to declare
- 3:07Speaker 1: a mistrial, and then Reddington walked all over the judge
- 3:11Speaker 1: and demanded an hour to file an emergency appeal before
- 3:15Speaker 1: the trial was finalized. Because you see, apparently when you
- 3:17Speaker 1: don't get the verdict you want, you get to demand
- 3:20Speaker 1: that an appeals court remove whoever is on the jury
- 3:24Speaker 1: that disagrees with you. You get to claim that he's
- 3:27Speaker 1: not following the law because he came to a different
- 3:30Speaker 1: conclusion about the case. And that logic makes perfect sense
- 3:34Speaker 1: to Lindsay Clancy's lawyer and to the brain rotted legions
- 3:38Speaker 1: on TikTok and a lot of people in the media too.
- 3:41Speaker 1: And that's where the judge should have denied the appeal
- 3:44Speaker 1: and ended the circus for good. But instead, he gave
- 3:47Speaker 1: him an hour to do this appeal on the absurd
- 3:50Speaker 1: grounds that the lawyer didn't get the verdict he wants,
- 3:54Speaker 1: and so he gets to appeal it. And as if
- 3:56Speaker 1: the appeal wasn't nonsensical enough on its face, it somehow
- 3:58Speaker 1: gets worse. So Fox News obtained the emergency appeal that
- 4:02Speaker 1: was filed to the Massachusetts Supreme Court. This, again, is
- 4:06Speaker 1: from the defense. This is their appeal to try to
- 4:10Speaker 1: stop the jury from being... to try to stop the mistrial.
- 4:14Speaker 1: And what they argue in this appeal, and I'm not
- 4:17Speaker 1: making this up, they argue that the lone juror is
- 4:22Speaker 1: engaging in a line of reasoning which, quote, reflects a
- 4:25Speaker 1: bias against those who are suffering from debilitating mental illness,
- 4:30Speaker 1: a protected category under both the Fifth and Fourteenth Amendments. Yes,
- 4:34Speaker 1: the defense seriously argued that by voting to send a
- 4:37Speaker 1: woman to prison for killing her children... he was discriminating
- 4:42Speaker 1: against the disabled. If you send a disabled person to court,
- 4:48Speaker 1: then you're discriminating. I mean, to send them to prison,
- 4:50Speaker 1: you're discriminating against them, I guess is the logic. It's
- 4:53Speaker 1: a total farce, but this is a farce that was
- 4:55Speaker 1: allowed to play out in court. The whole process was
- 4:58Speaker 1: stalled just to allow all of this to happen. And
- 5:01Speaker 1: of course, all for the sake of shielding a mass
- 5:03Speaker 1: murderer from accountability, which, I mean, you could point out
- 5:08Speaker 1: is the is the job of the defense attorney, but
- 5:11Speaker 1: even so, it's a farce. And this is a recurring problem,
- 5:14Speaker 1: by the way, in our legal system. Whenever the most
- 5:16Speaker 1: loathsome and obviously guilty defendants are put on trial, given
- 5:21Speaker 1: enough time, the legal process itself inevitably becomes a farce.
- 5:24Speaker 1: It's very difficult to prosecute the dregs of society in
- 5:28Speaker 1: an orderly and predictable fashion for the simple reason that
- 5:30Speaker 1: the worst of the worst are very adept at finding
- 5:34Speaker 1: ways to manipulate the system. It wasn't too long ago
- 5:37Speaker 1: that Somali fraudsters literally delivered a $ 120, 000 cash bribe to
- 5:42Speaker 1: a juror just before deliberations began in an attempt to
- 5:46Speaker 1: secure a not guilty verdict. They blew up the whole
- 5:49Speaker 1: trial in the process. This is a big challenge that
- 5:51Speaker 1: prosecutors face when they're confronted with overwhelmingly evil defendants who
- 5:55Speaker 1: tend to attract very depraved lawyers. As the saying goes,
- 5:59Speaker 1: you know, you can't wrestle with a pig without everyone
- 6:01Speaker 1: getting dirty. But even with this expectation in mind, especially
- 6:05Speaker 1: over the past few days, the Clancy case devolved into
- 6:08Speaker 1: a truly staggering, unprecedented display of corruption and lawlessness and
- 6:15Speaker 1: moral rot. Yesterday, as well as this morning, before we
- 6:19Speaker 1: even get to the preposterous last-ditch appeal, Clancy's lawyer engaged
- 6:23Speaker 1: in an overt campaign of mafia-like jury intimidation in an
- 6:28Speaker 1: attempt to secure an acquittal for his client. John Gotti
- 6:32Speaker 1: would look at this trial and blush at the sheer
- 6:35Speaker 1: audacity of Clancy's lawyer, whose name is Kevin Reddington. For
- 6:39Speaker 1: whatever reason, Reddington was allowed in the middle of deliberations
- 6:42Speaker 1: to publicly accost a specific juror and tell the entire
- 6:46Speaker 1: world that there's going to be an investigation into this
- 6:48Speaker 1: person's statements during deliberations. And the only reason for this
- 6:51Speaker 1: investigation is that the juror all by himself appeared to
- 6:54Speaker 1: be intent on convicting Clancy for the murder of her children,
- 6:58Speaker 1: which is something that I'm sure this member of the
- 7:00Speaker 1: jury figured he had the right to do. Like he's
- 7:03Speaker 1: allowed to come to his own conclusion. Or so he thought.
- 7:07Speaker 1: Today in open court, before the jury came back and
- 7:10Speaker 1: a mistrial was declared, Reddington made it clear that the
- 7:12Speaker 1: holdout on the jury is a man. So he told
- 7:17Speaker 1: everybody that, which is a very specific piece of information
- 7:19Speaker 1: because there are only three males on the jury. And
- 7:23Speaker 1: during the same hearing, Reddington berated the judge for failing
- 7:25Speaker 1: to intimidate the jury. He wanted the judge to scold
- 7:28Speaker 1: them for not following the law, meaning not returning the
- 7:30Speaker 1: verdict that he wants. And understand exactly what happened here
- 7:33Speaker 1: and how unseemly and corrupt it is. Let's go back
- 7:36Speaker 1: to the scene in the courthouse yesterday during the sixth
- 7:39Speaker 1: day of deliberations in the case. And by this point,
- 7:41Speaker 1: the jury had already sent two notes to the judge
- 7:44Speaker 1: indicating that they were deadlocked. And in response to these notes,
- 7:47Speaker 1: the judge followed established procedure by telling the jurors to
- 7:50Speaker 1: return to the jury room and try to reach a
- 7:53Speaker 1: verdict if at all possible. This is how the system works.
- 7:55Speaker 1: It's not unprecedented. It is really stupid. But this part,
- 8:00Speaker 1: the system does work this way. The jury says they're deadlocked.
- 8:03Speaker 1: They're sent back. They say they're deadlocked again. They're sent
- 8:05Speaker 1: back again. You know, this is how the system works.
- 8:08Speaker 1: It shouldn't work this way, in my opinion. If a
- 8:11Speaker 1: jury says that it's deadlocked after hours of deliberation, sending
- 8:14Speaker 1: them back is just asking them. Even if you say
- 8:17Speaker 1: you aren't asking them this, you are asking them to
- 8:21Speaker 1: bully the minority into caving. If you don't want the
- 8:24Speaker 1: minority to be bullied into caving, then why would you
- 8:26Speaker 1: force them to stay in deliberations after they've considered the
- 8:29Speaker 1: facts and deliberated and made up their minds? I mean,
- 8:34Speaker 1: it's pretty absurd. But in any case, if the jury
- 8:37Speaker 1: had come back yesterday with a third note insisting that
- 8:39Speaker 1: they were still deadlocked, as they did today, then the
- 8:41Speaker 1: judge would have declared a hung jury. That's generally how
- 8:44Speaker 1: it works, because under our Constitution, the judge is not
- 8:46Speaker 1: allowed to hold the jury hostage indefinitely. He can hold
- 8:49Speaker 1: them hostage, and he did in this case, but there's
- 8:52Speaker 1: an endpoint eventually. And the jury in this case almost
- 8:56Speaker 1: certainly knew that. They were not sequestered, so they had
- 9:00Speaker 1: access to the Internet. they would have known that with
- 9:03Speaker 1: just one more note, they could go home and return
- 9:05Speaker 1: to their families. But instead of sending another note indicating
- 9:09Speaker 1: that they're deadlocked, the foreperson, who's apparently a woman, on
- 9:13Speaker 1: the jury instead sent a note telling the judge that
- 9:17Speaker 1: a particular juror wasn't following the law on reasonable doubt.
- 9:23Speaker 1: And somehow this person, the foreman, foreperson, whatever, only decided
- 9:29Speaker 1: to send this note on the sixth day of deliberations
- 9:31Speaker 1: at the very last possible moment before mistrial was going
- 9:34Speaker 1: to be declared because of a hung jury. So we're
- 9:36Speaker 1: led to believe that on the other five days of deliberations,
- 9:40Speaker 1: I guess this guy was following the law. And then
- 9:43Speaker 1: on the sixth day at the most crucial moment, suddenly
- 9:47Speaker 1: he's not following the law. We're meant to believe that
- 9:50Speaker 1: somehow this other juror had announced his intention to disregard
- 9:53Speaker 1: the law, which of course is ridiculous. Okay, it's ridiculous
- 9:58Speaker 1: to claim that he, I mean, we don't, none of
- 10:00Speaker 1: us were there. It's highly implausible, implausible rather, that this
- 10:06Speaker 1: guy sat there and said, no, I'm not going to
- 10:08Speaker 1: follow the law. I refuse to follow the law. Now
- 10:12Speaker 1: he was following the law, but the law led him
- 10:16Speaker 1: in his view, which was the correct view, to a
- 10:19Speaker 1: different conclusion. The other members of the jury didn't like
- 10:22Speaker 1: that conclusion and neither did the defense. So they attempted
- 10:25Speaker 1: to berate and manipulate him into changing his mind. And
- 10:31Speaker 1: they failed. Thank God. This was a clear act of
- 10:35Speaker 1: jury intimidation by the jury, the foreperson. And in response,
- 10:41Speaker 1: the judge did the appropriate thing. He took each member
- 10:44Speaker 1: of the jury aside. He reminded them of the law
- 10:46Speaker 1: on reasonable doubt. He didn't single anybody out. He didn't
- 10:49Speaker 1: put any particular pressure on any one member of the jury.
- 10:52Speaker 1: He asked all of them if they were going to
- 10:55Speaker 1: follow the law, and they all said yes. But for Reddington,
- 10:58Speaker 1: this wasn't nearly enough. He wanted the juror removed from
- 11:01Speaker 1: deliberations and replaced with an alternate, presumably so that all
- 11:03Speaker 1: 12 jurors could agree on a not guilty verdict. So
- 11:07Speaker 1: he essentially made the claim that if a majority of
- 11:09Speaker 1: the jury wanted to vote another member of the jury
- 11:13Speaker 1: off the island, then they should be allowed to do that. Apparently,
- 11:17Speaker 1: juries in this country, they should function like a reality
- 11:21Speaker 1: TV show, like Survivor, where the least popular member gets
- 11:25Speaker 1: voted off. And he's saying that jurors should be able
- 11:28Speaker 1: to say whatever they want to a judge to convince
- 11:31Speaker 1: him to throw the lone dissenting juror off the panel
- 11:34Speaker 1: on the basis that he's supposedly not following the law.
- 11:37Speaker 1: It's a funny thing when members of the jury accuse
- 11:39Speaker 1: another member of the jury of not following the law.
- 11:42Speaker 1: Because first of all, if you know anything about juries,
- 11:43Speaker 1: you know that they don't understand anything about the law anyway.
- 11:47Speaker 1: And they're happy to admit this right out in the open.
- 11:50Speaker 1: This was the George Floyd jury, just for example, watch.
- 11:53Speaker 3: We got to the point actually that we realized for
- 11:59Speaker 3: charge two, at some point, I think it was Jody,
- 12:02Speaker 3: I'm pretty sure it was Jody, said, wait a minute,
- 12:06Speaker 3: does the intended act of harm have to be the
- 12:12Speaker 3: death of George Floyd or can it be him not
- 12:15Speaker 3: providing the life support And it was like all of
- 12:17Speaker 3: a sudden light bulbs just went on for those people,
- 12:21Speaker 3: I think, that were undecided or on the not guilty side.
- 12:25Speaker 1: Go ahead. I want to hear from you, Jodi. You
- 12:28Speaker 1: brought that up?
- 12:29Speaker 4: I brought that up.
- 12:30Speaker 1: Tell me what you brought up and why.
- 12:32Speaker 4: I brought up to the fact that this is not
- 12:35Speaker 4: what he did, but more or less what he didn't do.
- 12:38Speaker 4: He did not provide life-saving measures for George Floyd when
- 12:42Speaker 4: he knew that the guy was in jail pain or
- 12:47Speaker 4: needed medical attention.
- 12:48Speaker 1: Why do you think that was a light bulb?
- 12:50Speaker 5: Well, when we were in deliberations, and Jody did bring
- 12:54Speaker 5: that up, and we did look through everything very, very carefully,
- 12:58Speaker 5: what I thought about is something that was said during
- 13:00Speaker 5: the trial, and that is Minneapolis Police Department has a model.
- 13:05Speaker 5: And if I'm understanding it correctly, their model is in
- 13:08Speaker 5: our custody, in our care. George Floyd was in their custody.
- 13:13Speaker 5: He was never in their care. And that, for me,
- 13:18Speaker 5: it just hit hard. I don't feel like they ever
- 13:21Speaker 5: cared for him.
- 13:23Speaker 1: The female jurors clearly dominated the deliberations there. They explicitly
- 13:28Speaker 1: decided to convict Derek Chauvin of murder, not because of
- 13:30Speaker 1: what he did, but because of what he didn't do.
- 13:34Speaker 1: In other words, they ignored the law. They ignored what
- 13:37Speaker 1: the charge actually was, presumably because they knew that George
- 13:41Speaker 1: Floyd had overdosed. They knew Chauvin didn't kill him, but
- 13:43Speaker 1: they thought Chauvin was an unsympathetic guy. And they're probably
- 13:47Speaker 1: advocates of BLM or whatever, so they convicted him of
- 13:50Speaker 1: murder anyway. They don't mention any arguments about whether Chauvin
- 13:53Speaker 1: actually caused Floyd's death at any point in that 10-minute
- 13:56Speaker 1: CNN interview. They completely disregard the fact that under Minnesota law,
- 13:59Speaker 1: third-degree murder requires the commission of some dangerous intentional act
- 14:02Speaker 1: by Chauvin. Instead, they made up a new law in
- 14:05Speaker 1: which the omission of an act, namely failing to care
- 14:08Speaker 1: for George Floyd, could somehow qualify as an intentional action.
- 14:13Speaker 1: They never sent a single note to the judge about this,
- 14:15Speaker 1: by the way. They just created the law on their own.
- 14:18Speaker 1: And the reason this verdict was not overturned, even after
- 14:21Speaker 1: the CNN interview, where the jury admits they didn't follow
- 14:24Speaker 1: the law, is that jury deliberations are considered sacrosanct in
- 14:27Speaker 1: every court in this country, or at least they were,
- 14:31Speaker 1: even when the jury admits on national TV that they
- 14:33Speaker 1: were not following the law and had no idea what
- 14:35Speaker 1: the law even was. The verdict still stands. The American
- 14:39Speaker 1: legal system allows jurors to misunderstand the law. That's a
- 14:44Speaker 1: known risk of having random everyday people on juries, particularly
- 14:47Speaker 1: the people who are too dumb to get out of
- 14:49Speaker 1: jury duty. You can make the case that we shouldn't
- 14:54Speaker 1: have the system. You can make the case that there
- 14:56Speaker 1: are some fundamental flaws with the system as we have.
- 14:58Speaker 1: There are plenty of countries, including Singapore, as we discussed
- 15:01Speaker 1: earlier this week, that don't have the system, that they
- 15:05Speaker 1: have judges decide the cases. But in our system, juries
- 15:08Speaker 1: decide guilt or innocence. And if they don't grasp the law,
- 15:12Speaker 1: too bad. So with this well-known limitation of our legal
- 15:16Speaker 1: system in mind, what exactly happened in the Clancy trial?
- 15:21Speaker 1: Why might the juror in question have misunderstood the law
- 15:25Speaker 1: in this case? And how, given the nonsense that we
- 15:29Speaker 1: allow juries to do every day in this country, could
- 15:31Speaker 1: this misunderstanding possibly lead to the member of the jury
- 15:35Speaker 1: being dismissed from the case, which is what they wanted
- 15:37Speaker 1: to have happened? Well, um, We kind of start piecing
- 15:44Speaker 1: all that together yesterday, thanks to this press conference Reddington
- 15:47Speaker 1: gave outside the courthouse yesterday, because for some reason he's
- 15:50Speaker 1: allowed to intimidate the jury. Again, they're not sequestered. Watch.
- 15:57Speaker 2: So the jury has been identified by the note from
- 16:04Speaker 2: the foreman. And there will be an inquiry by the
- 16:08Speaker 2: judge tomorrow at 9 o'clock. I don't know what his
- 16:11Speaker 2: question is going to be. We'll have an argument about it.
- 16:15Speaker 2: I don't think it will be at the sidebar. I
- 16:17Speaker 2: think it will be in open court, which is my
- 16:19Speaker 2: concern that we have our arguments in open court, but
- 16:23Speaker 2: not at the sidebar. So I expect that... And that's B-A-R,
- 16:27Speaker 2: not B-A-H, okay?
- 16:30Speaker 1: Is this one person versus all the rest? Is this
- 16:32Speaker 1: one person versus all the rest in the jury? Is
- 16:34Speaker 1: it one person holding this up?
- 16:36Speaker 2: Yeah. You heard the question. It's basically that there's a
- 16:39Speaker 2: person who has doubt but will not listen to the
- 16:42Speaker 2: judge's instruction.
- 16:44Speaker 1: So the defense attorney decided to wage a public pressure
- 16:46Speaker 1: campaign against someone on the jury during deliberations. I mean,
- 16:51Speaker 1: this isn't saying it's totally unprecedented. They want to burn
- 16:55Speaker 1: the whole system down for the sake of letting a
- 16:57Speaker 1: woman get away with triple homicide. This is textbook intimidation.
- 17:01Speaker 1: He's publicly complaining about a specific juror and falsely accusing
- 17:04Speaker 1: him of not following the law. And again, doing this
- 17:07Speaker 1: during deliberations. But for a second, let's put aside the
- 17:11Speaker 1: sliminess of this defense lawyer. The key point in that
- 17:15Speaker 1: footage is that he says one member of the jury
- 17:18Speaker 1: has doubts, meaning reasonable doubts, about Clancy's guilt under Massachusetts law.
- 17:23Speaker 1: Despite those doubts, he was allegedly failing to follow the
- 17:25Speaker 1: judge's instruction in the case. He was ignoring the law,
- 17:29Speaker 1: in other words, according to Reddington. So he puts this
- 17:32Speaker 1: jury on blast during deliberations and threatens this one specific
- 17:37Speaker 1: guy with a winch hunt. Well, why might this guy
- 17:41Speaker 1: be interested in disregarding, quote unquote, the law of Massachusetts? Now,
- 17:48Speaker 1: I don't think that he did disregard it, but let's
- 17:50Speaker 1: follow that thread for the sake of argument. Okay, let's see.
- 17:55Speaker 1: According to Massachusetts law, someone is criminally insane if, because
- 17:58Speaker 1: of some mental problem, they lack the substantial capacity to
- 18:02Speaker 1: appreciate the wrongfulness or criminality of their conduct or to
- 18:06Speaker 1: conform their conduct to the requirements of the law. A
- 18:10Speaker 1: defendant is considered not guilty if there's reasonable doubt as
- 18:13Speaker 1: to whether the defendant possessed this capacity in any way.
- 18:16Speaker 1: And here's the important point. In Massachusetts, the prosecution has
- 18:19Speaker 1: to prove, the state, the prosecution has to prove beyond
- 18:23Speaker 1: a reasonable doubt that the defendant was criminally responsible, meaning
- 18:27Speaker 1: they have to prove the defendant not just that he
- 18:30Speaker 1: did the thing, but that he did not have a
- 18:33Speaker 1: serious mental defect and that he retained the capacity to
- 18:38Speaker 1: appreciate his conduct during the commission of the crime. Okay,
- 18:45Speaker 1: so basically the prosecution has to prove a negative, basically.
- 18:49Speaker 1: They have to prove beyond a reasonable doubt that she
- 18:52Speaker 1: was not crazy, even though crazy is something that's going
- 18:56Speaker 1: on inside her head. Right, so we have to prove
- 19:01Speaker 1: beyond a reasonable doubt what was going on inside her
- 19:04Speaker 1: head in the moment when this thing, when this crime occurred,
- 19:08Speaker 1: when it was committed three years ago. Well, the problem here,
- 19:12Speaker 1: which should be obvious, is that there is doubt There's
- 19:15Speaker 1: at least doubt, some doubt, for every single homicide under
- 19:20Speaker 1: this standard. It is a ridiculous, unworkable standard. Because we
- 19:25Speaker 1: don't know what's going on in anybody's mind beyond any doubt,
- 19:30Speaker 1: it's impossible to know. No doctor can run a lab
- 19:33Speaker 1: test or a diagnostic scan to determine whether someone could
- 19:36Speaker 1: appreciate the wrongfulness of their conduct or whether they lack
- 19:40Speaker 1: the ability to control their actions. That's impossible. Even if
- 19:44Speaker 1: they were hooked up to a brain scan while they
- 19:47Speaker 1: committed the murder, which nobody ever is, obviously, that still
- 19:50Speaker 1: wouldn't prove beyond any doubt what was going on inside
- 19:54Speaker 1: their mind. And there's no testimony that can provide definitive
- 19:59Speaker 1: proof on that point one way or another. You know,
- 20:01Speaker 1: if a woman goes to the shrink and says she's
- 20:03Speaker 1: losing her mind and then she commits mass murder, how
- 20:07Speaker 1: exactly are we supposed to determine whether she was telling
- 20:09Speaker 1: the truth? How are we supposed to determine whether her
- 20:11Speaker 1: medications caused her to do something when no one understands
- 20:16Speaker 1: how these medications even work in the first place? How
- 20:18Speaker 1: are jurors supposed to come to any kind of conclusion
- 20:21Speaker 1: when the trial features 20 different experts, all of them
- 20:23Speaker 1: saying conflicting things about the state of this woman's mind
- 20:25Speaker 1: at the time of the murders? There's no getting around
- 20:28Speaker 1: the fact that doubt, and maybe reasonable doubt, depending on
- 20:31Speaker 1: how you define reasonable, can theoretically apply to, I mean,
- 20:37Speaker 1: if you apply it very liberally, to any case. You
- 20:40Speaker 1: can contort your reasoning in such a way as to
- 20:43Speaker 1: excuse pretty much any homicide that remotely resembles this case
- 20:47Speaker 1: or any other case. Because you can never know for
- 20:51Speaker 1: sure what's going on in someone's mind. That's the point.
- 20:54Speaker 1: And that's why the insanity defense itself should be abolished entirely.
- 20:58Speaker 1: It's totally incoherent, as I've said before. We need to
- 21:01Speaker 1: get these psychiatrist quacks out of the court system entirely.
- 21:05Speaker 1: It's an absolute farce that a person can commit murder
- 21:08Speaker 1: And then the defense can drag in a bunch of
- 21:10Speaker 1: random psychiatrists to perform some retroactive mind-reading stunt, right? Like
- 21:17Speaker 1: they're an act on America's Got Talent or something, and
- 21:22Speaker 1: doing card tricks, peering into the mind of this person
- 21:26Speaker 1: three years ago to determine what was going on inside
- 21:29Speaker 1: the consciousness of this killer at the time of the crime,
- 21:32Speaker 1: as if they have the slightest clue at all. There
- 21:37Speaker 1: is no expert on the face of the planet that
- 21:40Speaker 1: has the supernatural ability to peer back in time and
- 21:43Speaker 1: examine the unspoken thoughts of another human. You might as
- 21:49Speaker 1: well let the defense present evidence from astrologists and fortune tellers. Which,
- 21:54Speaker 1: by the way, these retarded TikTok feminists, they would be
- 21:57Speaker 1: perfectly fine with that. They consider that to be bulletproof evidence.
- 22:04Speaker 1: Your Honor, she's a Leo. She couldn't have That's literally
- 22:08Speaker 1: what they think. This country really needs to get over
- 22:12Speaker 1: its completely unwarranted reverence for psychiatrists. These people are just
- 22:16Speaker 1: making stuff up as they go. That's what they're doing.
- 22:21Speaker 1: And if you watch this trial, you're well aware of
- 22:22Speaker 1: that fact. The testimony from the shrinks was extremely unimpressive
- 22:25Speaker 1: and medically wrong in many cases, like when they claimed
- 22:27Speaker 1: the serotonin theory of depression is real when it was
- 22:30Speaker 1: debunked years ago. But here's the key point. Clancy's insanity
- 22:35Speaker 1: defense rests almost completely on the claim that she heard
- 22:40Speaker 1: a voice telling her to kill her kids. That's the
- 22:44Speaker 1: only insane mental state ever reported by Clancy herself. Because
- 22:50Speaker 1: aside from that, the only mental states she ever reported were,
- 22:53Speaker 1: you know, she's really sad, she's upset, she's having disturbing thoughts.
- 22:57Speaker 1: None of that is insane. None of that means you're insane.
- 22:59Speaker 1: I don't care how sad you are. I don't care
- 23:02Speaker 1: how depressed you are. I don't care how stressed you are.
- 23:03Speaker 1: It doesn't matter. You could have the worst case of
- 23:09Speaker 1: postpartum depression of all time. Doesn't matter. You're not insane.
- 23:12Speaker 1: You still know you're not supposed to kill your kids.
- 23:15Speaker 1: The only insane thing that has ever been reported about
- 23:19Speaker 1: Lindsay Clancy is that she heard a voice which told
- 23:23Speaker 1: her to kill her kids. Well, the problem is, number one,
- 23:27Speaker 1: there's no way to prove or disprove an imaginary voice.
- 23:32Speaker 1: Any murderer can make this claim. And if that counts
- 23:36Speaker 1: as reasonable doubt, then we can never convict anyone of
- 23:41Speaker 1: anything ever again.
- 23:42Speaker 3: Okay?
- 23:44Speaker 1: Anyone can say, yeah, I did this terrible thing. It
- 23:48Speaker 1: doesn't even have to be murder. Maybe I stole a car. Yeah,
- 23:52Speaker 1: I stole a car, but a voice told me to
- 23:53Speaker 1: do it. Can you prove? Can you prove a voice
- 23:57Speaker 1: didn't tell me to do it? Can you prove beyond
- 24:00Speaker 1: a reasonable doubt that I didn't have an imaginary voice
- 24:04Speaker 1: in my head telling me to do this? Well, no.
- 24:11Speaker 1: I can't prove anything about an imaginary voice. No one
- 24:15Speaker 1: can prove anything about that. Neither can you. Second, she
- 24:20Speaker 1: never reported this voice before or since the crime, strongly
- 24:23Speaker 1: indicating that she made it up. And most importantly, even
- 24:26Speaker 1: if she did hear a voice, why didn't she refuse
- 24:29Speaker 1: to follow the command? That's the interesting thing when she
- 24:34Speaker 1: talks about hearing a voice. She's actually separating her consciousness
- 24:39Speaker 1: from the voice. She's saying, I heard a voice. So
- 24:44Speaker 1: what you're telling us is that in this moment, when
- 24:46Speaker 1: you allegedly heard the voice, that you still, like you
- 24:49Speaker 1: yourself were still there. You still, your consciousness was there.
- 24:53Speaker 1: And so your consciousness was experiencing this voice, right? Because
- 25:00Speaker 1: she didn't say, oh, I was, I felt compelled. Like
- 25:03Speaker 1: I couldn't even, I couldn't stop my arms from moving
- 25:06Speaker 1: and strangling my kids. She said, I heard a voice
- 25:09Speaker 1: that told me to do it. Told who to do it?
- 25:12Speaker 1: Told you to do it. Okay, so you were there,
- 25:14Speaker 1: not just physically, but like consciously. And if the voice
- 25:20Speaker 1: told you to kill your kids, then why didn't you
- 25:22Speaker 1: refuse the voice? If a voice told me to murder
- 25:25Speaker 1: my children, I would simply refuse. If the voice threatened
- 25:30Speaker 1: and harassed me, I would still refuse. If a real
- 25:35Speaker 1: human voice belonging to a real human being told me
- 25:41Speaker 1: to kill my kids and put a gun to my
- 25:43Speaker 1: head and told me to do it, I would still refuse.
- 25:47Speaker 1: So if this imaginary voice did appear, Clancy could have
- 25:49Speaker 1: chosen to not obey it. But instead, by her telling,
- 25:53Speaker 1: the voice spoke exactly one time, and she just immediately
- 25:59Speaker 1: complied with what it told her to do. Not even
- 26:02Speaker 1: a moment of pushback. Even if I bought that nonsense,
- 26:05Speaker 1: which I don't, she would still be guilty as hell.
- 26:09Speaker 1: Of course, the great irony, by the way, is that
- 26:11Speaker 1: like 95% of the women blaming psych drugs for Lindsay
- 26:14Speaker 1: Clancy murdering her children are also on psych drugs themselves.
- 26:18Speaker 1: They supposedly believe that these drugs can cause you to
- 26:20Speaker 1: annihilate your whole family. And that doesn't stop any of
- 26:22Speaker 1: them from taking the drugs. And they certainly aren't calling
- 26:26Speaker 1: for the drugs to be banned, which means the whole
- 26:29Speaker 1: psych drug excuse is not even really believed by most
- 26:32Speaker 1: of the people offering it. Now, all of these arguments
- 26:36Speaker 1: are very straightforward and obvious, but in a courtroom... Defense
- 26:39Speaker 1: lawyers are allowed to call a series of paid experts
- 26:41Speaker 1: to the stand, all of whom have one job, muddy
- 26:44Speaker 1: the waters as much as possible. And the job of
- 26:46Speaker 1: those experts is to convince the jurors to disregard common
- 26:49Speaker 1: sense and follow, supposedly, Massachusetts law, which is a law
- 26:53Speaker 1: that presents the prosecution with a burden of proof that
- 26:55Speaker 1: on a liberal reading is impossible to surmount. Well, there
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- 28:39Speaker 1: So the holdout juror in this case, even if he
- 28:42Speaker 1: were disregarding the law, which I actually don't even think
- 28:45Speaker 1: he was, and I'll explain why in a minute, would
- 28:48Speaker 1: have been logically justified in disregarding it and voting to
- 28:52Speaker 1: convict this woman. That's what juries are supposed to do
- 28:57Speaker 1: when the law is wrong, incoherent, and unjust. When there's
- 29:01Speaker 1: no legitimate way to apply the law, when the law
- 29:05Speaker 1: is unintelligible, you have to disregard it. To be clear,
- 29:10Speaker 1: juries should not disregard the law because they identify with
- 29:13Speaker 1: the race or gender of the defendant, like what happened
- 29:17Speaker 1: with the OJ jury, for example. They disregarded the law.
- 29:21Speaker 1: They disregarded the evidence simply out of racial tribalism. that
- 29:26Speaker 1: can't happen. I mean, it does happen all the time,
- 29:28Speaker 1: but it shouldn't. They shouldn't disregard the law because they've
- 29:31Speaker 1: been bribed or because they have some hidden bias in
- 29:35Speaker 1: the case. But in cases where a jury is being
- 29:37Speaker 1: asked to follow rules that don't make any sense and
- 29:40Speaker 1: are unintelligible and incoherent and self-contradictory and that prevent the
- 29:44Speaker 1: prosecution from winning the case by default, then it's their
- 29:48Speaker 1: right to vote guilty. This is one of the few
- 29:51Speaker 1: benefits of the jury system that we currently have. It
- 29:54Speaker 1: does at least still allow common people to serve as
- 29:57Speaker 1: a bulwark a last line of defense against ridiculous laws
- 30:01Speaker 1: and deranged government policy. There's plenty of Massachusetts precedent on
- 30:05Speaker 1: this question, by the way, which I found in about
- 30:06Speaker 1: five minutes. Here's a case called Commonwealth v. Hebert from 1980,
- 30:11Speaker 1: which is still cited by courts today. Quote, although it's
- 30:14Speaker 1: improper for a juror to disregard the law as given
- 30:16Speaker 1: by the judge, it remains within the power of a
- 30:17Speaker 1: juror to vote his or her conscience. So that case
- 30:22Speaker 1: was about a juror who refused to convict a man
- 30:24Speaker 1: for gun possession, even though she knew he had violated
- 30:26Speaker 1: the law. The issue was that the man simply wasn't
- 30:28Speaker 1: aware of a brand new law requiring him to carry
- 30:30Speaker 1: a firearm identification card when he carried the gun. So
- 30:33Speaker 1: it was a ticky tack charge and the juror thought
- 30:35Speaker 1: it was stupid. So she wanted to acquit. It was
- 30:37Speaker 1: basically jury nullification. And in response, the judge should have
- 30:40Speaker 1: accepted the holdouts decision and declared a hung jury in
- 30:43Speaker 1: a mistrial. But instead the judge berated this person, said
- 30:46Speaker 1: that she should have followed the law and basically ignored
- 30:48Speaker 1: her and accepted a pervert of guilty. And the judge
- 30:52Speaker 1: was overturned because in our legal system, jurors have the
- 30:54Speaker 1: ability to vote in accordance with their conscience. there's really
- 30:57Speaker 1: no way to prevent them from doing so. Now, it's
- 30:59Speaker 1: true that if a juror explicitly refuses to follow the
- 31:02Speaker 1: law and decides not to participate in deliberations at all,
- 31:06Speaker 1: if the juror were to say, I'm not even going
- 31:07Speaker 1: to do this because I don't care about the law
- 31:09Speaker 1: and I'm not going to deliberate. Well, then, yeah, in
- 31:12Speaker 1: that case, the judge could have the juror dismissed and should.
- 31:14Speaker 1: But that's not what happened here. It's also true that
- 31:18Speaker 1: it's technically improper for jurors to ignore the law, but
- 31:20Speaker 1: at the same time, judges are not allowed to grill
- 31:23Speaker 1: judges the jury, about their reasoning during deliberations and throw
- 31:26Speaker 1: out anyone on the jury who doesn't have the correct arguments.
- 31:31Speaker 1: Once that starts happening, there's no longer any secrecy in deliberations.
- 31:34Speaker 1: There's no way to ensure the jurors won't be intimidated
- 31:36Speaker 1: into changing their minds. And there's no way for juries
- 31:38Speaker 1: to serve as a last line of defense against the government.
- 31:41Speaker 1: Might as well not even have juries. Maybe more importantly,
- 31:45Speaker 1: there'd be no way for juries to serve as a
- 31:46Speaker 1: last line of defense against the TikTok mob. Because whoever
- 31:50Speaker 1: this holdout is, he put himself in extraordinary jeopardy to
- 31:53Speaker 1: do what's moral and lawful, which is to ensure that
- 31:56Speaker 1: no woman who deliberately murders her children can just walk
- 31:59Speaker 1: away or roll away, as the case may be, like
- 32:03Speaker 1: nothing happened. It's a profound failing of our civilization, maybe
- 32:06Speaker 1: the greatest failing imaginable, that we're apparently relying on only
- 32:10Speaker 1: one juror to make this stand. So again, even if
- 32:13Speaker 1: this brave member of the jury did disregard the law,
- 32:15Speaker 1: this brave man, he would have been totally justified in
- 32:19Speaker 1: doing so. in my view, but he did not actually
- 32:24Speaker 1: disregard the law. In fact, even by the totally ridiculous
- 32:27Speaker 1: standards of Massachusetts law, and even with the existence of
- 32:31Speaker 1: the insanity defense, a defense that shouldn't be allowed in
- 32:34Speaker 1: the first place, but it is, still Clancy's guilt was
- 32:39Speaker 1: still clear beyond the faintest shred of reasonable doubt. The
- 32:43Speaker 1: evidence is overwhelming that she planned the murder of and
- 32:48Speaker 1: then carried it out methodically and systematically over the course
- 32:53Speaker 1: of several minutes. There is no reasonable doubt about either
- 32:58Speaker 1: of those things. The notion that a person can engage
- 33:03Speaker 1: in planning and forethought and then act methodically and systematically
- 33:08Speaker 1: and also have no idea what they're doing is incoherent.
- 33:13Speaker 1: Clancy engineered a window of time to murder her children.
- 33:18Speaker 1: This is a matter of the digital record. She sent
- 33:21Speaker 1: her husband away because she knew that murdering her children
- 33:26Speaker 1: was wrong and that her husband would try to prevent it.
- 33:30Speaker 1: You see, if she were actually insane, that would mean
- 33:33Speaker 1: that she doesn't know that it's wrong to murder your kids.
- 33:36Speaker 1: And so then she wouldn't have needed to send her
- 33:38Speaker 1: husband away. She wouldn't have waited for her husband to
- 33:42Speaker 1: be gone to do it. She would have just went
- 33:43Speaker 1: and done it. But she did wait because she wasn't insane.
- 33:48Speaker 1: She also confessed thoughts about harming her children to her family,
- 33:52Speaker 1: demonstrating that she knew the thoughts were wrong. And then
- 33:55Speaker 1: she did not confess those same thoughts to her doctors
- 33:58Speaker 1: again because she knew those thoughts were wrong. And through
- 34:02Speaker 1: the course of the murder, she not only had to
- 34:04Speaker 1: make the willful choice to do it, but she had
- 34:06Speaker 1: to reaffirm that choice three times as she systematically slaughtered
- 34:12Speaker 1: three children. And she murdered them in a way, by strangulation,
- 34:17Speaker 1: that would have required continued, determined, willful action for an
- 34:23Speaker 1: extended period of time. And she did this again and
- 34:28Speaker 1: again and again. And then she attempted suicide, either because
- 34:32Speaker 1: she felt guilty, demonstrating that she knew that what she
- 34:35Speaker 1: did was wrong, or the attempt was fake, which is
- 34:37Speaker 1: my theory, which even more demonstrates that she was sane
- 34:41Speaker 1: and lucid. So either way, these are all facts that
- 34:44Speaker 1: altogether remove reasonable doubt. And if they don't, then again,
- 34:51Speaker 1: we don't have enough certainty to convict anyone of anything.
- 34:55Speaker 1: If a person can function, act, speak, and in every
- 35:00Speaker 1: way appear and behave sane, as in Lindsay Clancy's case,
- 35:05Speaker 1: and yet in some mysterious way still be insane, then
- 35:10Speaker 1: the word insane has no meaning at all. And it's
- 35:12Speaker 1: impossible to ever know whether someone is sane or insane.
- 35:17Speaker 1: This is one of the claims that the defense's experts made,
- 35:21Speaker 1: which is that, yeah, someone can, by all appearances, be
- 35:24Speaker 1: totally sane, but actually be not sane. Okay, well, then
- 35:29Speaker 1: you can literally just never know about anybody. I mean,
- 35:34Speaker 1: if we cannot prove insanity, or if we can't prove sanity,
- 35:41Speaker 1: based on someone's words, actions, and behaviors, then you can
- 35:47Speaker 1: never prove it. Ever. Ever. That makes it an incoherent standard,
- 35:55Speaker 1: and it would make it impossible to prosecute any crimes.
- 35:59Speaker 1: So if that is actually the standard, then again, any
- 36:04Speaker 1: member of the jury would have not only the right,
- 36:06Speaker 1: but the moral obligation to disregard it. Lindsay Clancy, by
- 36:13Speaker 1: any reasonable standard, by any moral standard, by the standards
- 36:15Speaker 1: of any decent, rational, intelligent person, deserved to be convicted
- 36:19Speaker 1: and thrown in a hole to rot and die. But instead,
- 36:23Speaker 1: we're left with a mistrial, which itself was somehow a
- 36:25Speaker 1: positive outcome when compared to the alternative. But that silver
- 36:28Speaker 1: lining view does not erase the dark cloud that is
- 36:35Speaker 1: in the middle of that silver lining. a dark cloud
- 36:38Speaker 1: where 11 people wanted desperately to let a woman escape
- 36:42Speaker 1: consequence for slaughtering all of her children, and where a
- 36:46Speaker 1: defense lawyer demonizes and attempts to intimidate a juror, and
- 36:49Speaker 1: where thousands of women flock to the murderer and defend
- 36:52Speaker 1: and celebrate and canonize her, rallying to her side, writing
- 36:56Speaker 1: her fan mail to gush over. This trial has truly
- 37:01Speaker 1: been one of the bleakest, most eye-opening criminal cases in
- 37:04Speaker 1: modern American history. This is an evil that can only
- 37:07Speaker 1: be countered by men who are totally unafraid of the
- 37:10Speaker 1: mob and whatever consequences they might bring. There's at least
- 37:14Speaker 1: one man in this case who recognized that. And what
- 37:18Speaker 1: we need now before more children are slaughtered is many
- 37:22Speaker 1: more like him. The prosecution has to bring this case
- 37:26Speaker 1: once again. The jury should be sequestered the second time around.
- 37:30Speaker 1: And if we're going to have a worthwhile legal system,
- 37:33Speaker 1: Lindsay Clancy must be convicted and sentenced to spend the
- 37:36Speaker 1: rest of her life in a dungeon. Precisely the kind
- 37:40Speaker 1: of hellhole where if she were actually a worthwhile human being,
- 37:44Speaker 1: she would admit she belongs. But in all of my
- 37:54Speaker 1: years of public life, I have never.
- 37:57Speaker 3: Profited from public service.
- 38:00Speaker 2: I welcome this kind of examination because people have got
- 38:03Speaker 2: to know whether or not their presidents are corrupt.
- 38:06Speaker 1: Well, I'm not a crook. For more than five decades,
- 38:08Speaker 1: from Iran-Contra to Monica Lewinsky to Russiagate, every political scandal
- 38:13Speaker 1: has been measured against one, the Watergate affair. But what
- 38:16Speaker 1: if Richard Nixon was telling the truth? What if Watergate
- 38:20Speaker 1: isn't what it seems? What if hundreds of thousands of
- 38:23Speaker 1: pages of sworn testimony, memoirs, and newly released government documents
- 38:27Speaker 1: tell a different story than the one you learned in school?
- 38:31Speaker 1: In 1972, Nixon won the biggest electoral landslide in modern
- 38:35Speaker 1: American history with grand plans to remake the federal government.
- 38:39Speaker 1: Two years later, he was out of office. You were
- 38:42Speaker 1: taught that Nixon's men broke into the Democratic National Committee
- 38:45Speaker 1: headquarters to spy on his political opponents. You were taught
- 38:48Speaker 1: that when he found out, Nixon covered it up, and
- 38:52Speaker 1: that the cover-up was worse than the crime. You were
- 38:55Speaker 1: taught that two heroic Washington Post reporters guided by a
- 38:59Speaker 1: righteous FBI whistleblower brought the most powerful man in the
- 39:03Speaker 1: world to justice. But you were never told what really happened.
- 39:07Speaker 1: I shall resign the presidency effective at noon tomorrow. The
- 39:10Speaker 1: real history of the Watergate scandal is available now on
- 39:13Speaker 1: Daily Wire +.