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Clancy mistrial declared Defense attorney's · DEEP INSIGHT

• 0:00
  Speaker 1: Counsel, it's my understanding that the SJC issued their order
• 0:06
  Speaker 1: that the emergency request for relief was denied and that
• 0:10
  Speaker 1: the temporary stay is lifted. And so it would be
• 0:13
  Speaker 1: my intention at this time to call the jurors back in.
• 0:17
  Speaker 1: And as I indicated to you before, to declare a mistrial.
• 0:21
  Speaker 2: It is official. A mistrial has been ordered by the judge.
• 0:25
  Speaker 2: And the question is, what about the jurors? I can
• 0:28
  Speaker 2: tell you from our producer in the courtroom that when
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  Speaker 2: the judge said, I want to tell you all how
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  Speaker 2: proud I am of you, there was one female juror
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  Speaker 2: that was nodding her head no, as he was saying
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  Speaker 2: all that. Another female juror clenching her hands into fists
• 0:46
  Speaker 2: as she was sitting on that chair. All of the
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  Speaker 2: jurors were extremely tense. One female juror would not even
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  Speaker 2: open her eyes. Her eyes were gazed down in her lap.
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  Speaker 2: Her eyes were closed as the judge continued to talk
• 1:02
  Speaker 2: to them about what this final decision was. Another juror
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  Speaker 2: just nodded her head the entire time he was talking,
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  Speaker 2: and another female juror was pursing her lips. We can
• 1:14
  Speaker 2: now tell you the judge has left the bench, so
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  Speaker 2: this proceeding, this trial, has now concluded. There was no verdict,
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  Speaker 2: but it was a mistrial that was ordered by Judge Sullivan.
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  Speaker 3: Well, obviously, this is not a time for gloating, bragging,
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  Speaker 3: expressing victory. It's a very sad case. Cruz knows that
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  Speaker 3: he was crushed. He doesn't have a case. He doesn't
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  Speaker 3: have to stand here and say that he's advocating on
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  Speaker 3: behalf of the victims and then look down to see
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  Speaker 3: what their names are. I'm representing a woman who is
• 2:05
  Speaker 3: a fantastic, wonderful individual. This woman is so brave, so awesome.
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  Speaker 3: Every day she came in this courthouse, stood tall. No
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  Speaker 3: pun intended, the poor thing is in a wheelchair, as
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  Speaker 3: we all know, for the rest of her life. Sat
• 2:30
  Speaker 3: there through seven weeks of a trial where nobody had
• 2:35
  Speaker 3: anything bad to say about her except for the two
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  Speaker 3: prosecutors and apparently Tim Cruz. She had people that would
• 2:44
  Speaker 3: meet her, nurses that would know her, that would visit
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  Speaker 3: with her, the chaplain who never knew her, from Brigham
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  Speaker 3: and Women's, who went for three years and continues to
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  Speaker 3: visit with her because of the type of person she is.
• 3:02
  Speaker 3: And it's not right what she had to go through
• 3:04
  Speaker 3: because she grieves the loss of those three children, Cora,
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  Speaker 3: Dawson and Callen because I know their names. I don't
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  Speaker 3: have to look down to a piece of paper and
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  Speaker 3: find out what their names are. And every time somebody
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  Speaker 3: had something to say about those young kids, Lindsay would
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  Speaker 3: smile and say, I'm glad. She wants them to be remembered.
• 3:33
  Speaker 3: Where do I begin to thank these jurors? Minus one.
• 3:40
  Speaker 3: The forelady of the jury, I was so proud when
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  Speaker 3: she indicated, after the judge sent them back to deliberate,
• 3:52
  Speaker 3: indicating that one other person would not listen to the law,
• 3:56
  Speaker 3: and then she came back immediately with the question, stating
• 4:00
  Speaker 3: that this is one individual, it was 11-1 for an acquittal,
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  Speaker 3: and one individual who recognized that there was reasonable doubt
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  Speaker 3: and refused to apply the law. So you don't stand
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  Speaker 3: here on a bunch of microphones and crow about your
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  Speaker 3: victory because you, Tim, were crushed as well you should
• 4:19
  Speaker 3: have been.
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  Speaker 4: Judge, I wanted to go to you on this idea
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  Speaker 4: that Kevin Reddington put out there as he was requesting
• 4:27
  Speaker 4: a reconsideration by the judge. He effectively made the case
• 4:32
  Speaker 4: that this juror, this holdout, refuses to follow the law.
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  Speaker 4: What would it take for Reddington to prove that?
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  Speaker 5: Well, he's got a problem here because the judge called
• 4:48
  Speaker 5: each juror out individually. And this particular juror said under
• 4:54
  Speaker 5: oath that the juror was capable of following the law.
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  Speaker 5: You open up a real Pandora's box if you then
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  Speaker 5: try and go behind what a juror under oath says.
• 5:07
  Speaker 5: based on what other jurors are saying is happening in
• 5:12
  Speaker 5: the jury room. I mean, what happens in the jury
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  Speaker 5: room is sacrosanct. And our law presumes that when you're
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  Speaker 5: saying something under oath, you're telling the truth. So I
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  Speaker 5: don't know how you would break this wall, if you will.
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  Speaker 6: Areva, what are the options here moving forward? I mean,
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  Speaker 6: aside from there being obviously this avenue that it appears
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  Speaker 6: you might want to explain to us, this 25B2 avenue
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  Speaker 6: that Kevin Reddington wants to pursue. But what are the possibilities?
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  Speaker 6: Are we looking at a plea deal? Are we looking
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  Speaker 6: at a retrial? What are the chances that that might
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  Speaker 6: be more or less successful?
• 5:52
  Speaker 7: Well, that 25B2 motion is a post-verdict motion just asking
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  Speaker 7: the judge to make some reconsideration to reconsider. to reconsider
• 6:01
  Speaker 7: some of the rulings that were made in the original trial.
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  Speaker 7: And ultimately, it's just a way to get a second trial,
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  Speaker 7: which the judge has already indicated is going to happen,
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  Speaker 7: presuming that the parties want to move forward with a
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  Speaker 7: second trial, not expecting there to be any rulings coming
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  Speaker 7: out of that motion that are different than what we've
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  Speaker 7: already heard from this judge. The options at this point
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  Speaker 7: is another trial, which the defense attorney seems really eager
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  Speaker 7: to move forward to, or a plea deal, which the
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  Speaker 7: defense attorney has said repeatedly that he's open, but that
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  Speaker 7: the ball is in the court of the prosecutors. I
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  Speaker 7: cannot imagine that the prosecution is going to enter into
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  Speaker 7: any plea deal that doesn't involve some kind of serious
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  Speaker 7: jail time. And I can't imagine that the defense would
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  Speaker 7: agree to a deal that did include jail time, particularly
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  Speaker 7: now that he believes that he has convinced 11 people
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  Speaker 7: that Lindsey Clancy should not be held criminally responsible for the.
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  Speaker 8: Death of her three children.
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  Speaker 7: So I think we see a new trial in the fall,
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  Speaker 7: as the judge has suggested.
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  Speaker 8: That is the way that this matter gets concluded.
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  Speaker 4: Areva, were you surprised at all that the state Supreme
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  Speaker 4: Court didn't side with the defense?
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  Speaker 7: No, that was an extraordinary remedy. The judge had already done,
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  Speaker 7: the trial judge had already done what a trial judge
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  Speaker 7: should do. And I hope the judge on the panel
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  Speaker 7: will agree with me. the judge, Judge Sullivan, had already
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  Speaker 7: asked each individual juror under oath if they were capable
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  Speaker 7: of following the law. And they said yes.
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  Speaker 8: So I don't see what the appellate court couldn't really.
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  Speaker 7: Do anything else, perhaps other than to order the judge
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  Speaker 7: to have that kind of war idea process, which had
• 7:43
  Speaker 7: already taken place.
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  Speaker 8: The reality in this case.
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  Speaker 7: Is, despite what the majority wanted, that one juror had
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  Speaker 7: an absolute right to not agree with them. And as
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  Speaker 7: long as that juror was following the law, following the
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  Speaker 7: instructions of the judge, he or she does not have
• 8:00
  Speaker 7: to agree with the majority. This is not a process
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  Speaker 7: where the majority rules. This is a process where each
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  Speaker 7: individual juror has an opportunity to weigh the evidence and
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  Speaker 7: to weigh the law and then to come to a
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  Speaker 7: decision based on what.
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  Speaker 8: They agree or.
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  Speaker 7: Come to a decision based on what they have reviewed,
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  Speaker 7: what they have heard throughout the trial.
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  Speaker 8: And it doesn't always have to be what the majority
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  Speaker 8: agrees to.
• 8:24
  Speaker 6: Judge, in a retrial, who has the more difficult job,
• 8:29
  Speaker 6: the prosecution or the defense?
• 8:34
  Speaker 5: I think it depends on what they learn from the
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  Speaker 5: jury that just got discharged. It would seem here that
• 8:41
  Speaker 5: the prosecution has the tougher road to go down at
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  Speaker 5: this point because from what we know, the jury was
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  Speaker 5: not ready to To convict this woman. So they've got
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  Speaker 5: the harder trial. It really depends on what you learn
• 8:58
  Speaker 5: from speaking with the jurors. And I assume that both
• 9:01
  Speaker 5: sides are going to extensively grill these jurors, who, by
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  Speaker 5: the way, have no obligation to speak to them. But
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  Speaker 5: if they choose to, they'll learn a lot from them.