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Clancy jury says it's unable to reach a decision, gets new instruction · DEEP INSIGHT

• 0:00
  Speaker 1: A note has been given to the judge by the
• 0:02
  Speaker 1: jury in the Lindsay Clancy trial. OK, so can we
• 0:06
  Speaker 1: head back there now? Do we have some audio?
• 0:07
  Speaker 2: All right.
• 0:09
  Speaker 1: So we're obviously just looking live there in Massachusetts. We're
• 0:12
  Speaker 1: going to get to Brian Yannis, though, as we're just
• 0:14
  Speaker 1: getting word that the jury has approached the judge with
• 0:17
  Speaker 1: this note. Brian, what do we know?
• 0:20
  Speaker 2: Yeah, our courtroom producer inside says that he hears that
• 0:23
  Speaker 2: the jury has a question. We are seeing movement in
• 0:26
  Speaker 2: the court right now. Kevin Reddington and Lindsey Clancy. Kevin Reddington,
• 0:30
  Speaker 2: the attorney. William Sullivan, the judge, also taking to the bench.
• 0:35
  Speaker 2: At any moment now, we will find out what this
• 0:37
  Speaker 2: question is. It is notable that this is the first
• 0:40
  Speaker 2: time they have reached out with a note since they
• 0:43
  Speaker 2: said they could not reach a unanimous decision some 10
• 0:46
  Speaker 2: hours of deliberations yesterday. They sent that note yesterday morning,
• 0:52
  Speaker 2: and since then they've deliberated. for about 10 hours with
• 0:55
  Speaker 2: no note, no question until now. So this jury of
• 0:59
  Speaker 2: nine women and three men was at an impasse. They
• 1:02
  Speaker 2: deliberated all day yesterday. They came back after sleeping at
• 1:06
  Speaker 2: their own homes. They met all morning. They just had lunch.
• 1:11
  Speaker 2: And now they have delivered what appears to be a
• 1:14
  Speaker 2: question to the judge. And this question could frankly be anything.
• 1:17
  Speaker 2: It could be, can we go home? It could be,
• 1:19
  Speaker 2: can we look at evidence? Or it could be that
• 1:21
  Speaker 2: we are still at an impasse here after some 27
• 1:25
  Speaker 2: hours of deliberations over five days. And remember what this
• 1:30
  Speaker 2: jury must consider. They have to consider whether or not
• 1:33
  Speaker 2: Lindsay Clancy is criminally responsible for strangling her three children
• 1:38
  Speaker 2: Did she know what she was doing was wrong? And
• 1:40
  Speaker 2: could she control her actions? And then after they answer
• 1:43
  Speaker 2: that question, if they do find her criminally responsible, they
• 1:47
  Speaker 2: then have to decide what to charge her with, first-degree murder,
• 1:50
  Speaker 2: second-degree murder, or manslaughter. that they were at yesterday morning.
• 1:56
  Speaker 2: We had no idea why they were at an impasse.
• 1:58
  Speaker 2: And we also have no idea what the jury split was.
• 2:01
  Speaker 2: Is it 6-6? Is it 11-1? So there's a lot
• 2:05
  Speaker 2: that we can try to infer from what this next
• 2:07
  Speaker 2: question is going to be. But it is notable that
• 2:09
  Speaker 2: this jury of nine women and three men has only
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  Speaker 2: sent two notes, one asking for two bags of prescription
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  Speaker 2: pill bottles that were found in the home and the
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  Speaker 2: other note saying that we could not reach a unanimous decision.
• 2:21
  Speaker 2: That was sent yesterday morning. So we shall see at
• 2:24
  Speaker 2: any moment now what this potential question is from the jury, guys.
• 2:27
  Speaker 3: Yeah, apparently the attorneys are in a sidebar with the
• 2:30
  Speaker 3: judge at the moment. You wonder, given everything that they've
• 2:33
  Speaker 3: looked for, the fact that they only asked one question,
• 2:35
  Speaker 3: then came back and said that they were deadlocked. Could
• 2:38
  Speaker 3: this question have something to do with the evidence? Could
• 2:41
  Speaker 3: it have something to do with the possible findings of guilt?
• 2:45
  Speaker 3: The court's back in, so let's listen in here. Well,
• 3:02
  Speaker 3: our feed at least seems to have frozen for a
• 3:06
  Speaker 3: second here. Not quite sure why. It's been very reliable
• 3:09
  Speaker 3: up until now. But, Sandra, when you think of the
• 3:11
  Speaker 3: number of combinations and permutations of findings of guilt or
• 3:16
  Speaker 3: innocence that this jury's got to go through, it's probably
• 3:18
  Speaker 3: quite difficult for the jury to make a decision. But
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  Speaker 3: let's listen. We've got it back now.
• 3:28
  Speaker 4: Selected in the same manner and from the same source...
• 3:32
  Speaker 4: from which any future jury would be. There is no
• 3:36
  Speaker 4: reason to suppose that the case will ever be submitted
• 3:40
  Speaker 4: to 12 persons more intelligent, more impartial, or more competent
• 3:45
  Speaker 4: to decide it, or that more or clearer evidence.
• 3:55
  Speaker 3: All right, so we're having a problem with the feed here, but, Sandra,
• 3:58
  Speaker 3: apparently what's going on is the jury has told the
• 4:00
  Speaker 3: judge that they're unable to come to a decision, so
• 4:02
  Speaker 3: he's now giving them the Tui Rodriguez charge that we
• 4:05
  Speaker 3: were talking about. Now it seems we've got the feedback again.
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  Speaker 4: The burden of proof is on the Commonwealth to establish
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  Speaker 4: every element of the crime charge beyond reasonable doubt. If
• 4:17
  Speaker 4: you are left in doubt of any element of the crime,
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  Speaker 4: you are on the benefit of the doubt and must
• 4:24
  Speaker 4: be acquitted. However, in conferring together, you ought to pay
• 4:29
  Speaker 4: proper respect to each other's opinions and listen to each
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  Speaker 4: other's opinions. conviction. I reasonably doubt the correctness of a
• 5:10
  Speaker 4: judgment that is not concurred in by other members of.
• 5:19
  Speaker 3: We went over some of the text of it earlier
• 5:22
  Speaker 3: today in our coverage, where he's just basically saying, we
• 5:26
  Speaker 3: know that you've all got your own ideas about what
• 5:28
  Speaker 3: you heard in court and what you're thinking about the case,
• 5:31
  Speaker 3: but try to work to come together over a unanimous decision.
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  Speaker 3: And even if you are like a lone voice for acquittal,
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  Speaker 3: take into account what your fellow jurors are saying and
• 5:41
  Speaker 3: see if you can come to a consensus. I don't
• 5:43
  Speaker 3: know what's wrong with this feed. It's been solid for
• 5:45
  Speaker 3: the last— you know, five or six weeks, and now
• 5:48
  Speaker 3: suddenly it gives up the ghost.
• 5:49
  Speaker 1: I just want to note that that's happening across the board,
• 5:51
  Speaker 1: not just where we are playing it out right now.
• 5:53
  Speaker 1: But we, obviously, any word that's said in there is
• 5:56
  Speaker 1: critical to what happens next. But just noting that when
• 5:59
  Speaker 1: they came back with this to the judge, that they
• 6:02
  Speaker 1: were still deadlocked. The attorneys sidebarred.
• 6:06
  Speaker 2: The jury was.
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  Speaker 1: Let back in.
• 6:07
  Speaker 2: It seems more reliable. Let's get back. You may be seated.
• 6:22
  Speaker 4: All right.
• 6:32
  Speaker 1: All right.
• 6:49
  Speaker 4: Of course, he does.
• 6:51
  Speaker 1: He does. All right. Well, you are obviously we're trying
• 7:06
  Speaker 1: to hang with this. Tough to make out why this
• 7:08
  Speaker 1: isn't working right now. But jury deadlocked now getting new
• 7:13
  Speaker 1: instruction from the judge. Some activity in the courtroom there, John.
• 7:17
  Speaker 1: But it is hard to believe what must be going
• 7:20
  Speaker 1: through the minds of all that are in that courtroom.
• 7:23
  Speaker 1: Just the emotions that are playing out and the thought
• 7:26
  Speaker 1: that if they remain deadlocked and this is a hung jury,
• 7:30
  Speaker 1: that this would go to a mistrial and a new trial.
• 7:34
  Speaker 1: and a new jury, she would remain in custody, John.
• 7:39
  Speaker 1: But gosh, this is just, this is a long time.
• 7:42
  Speaker 1: This is years happening now.