A defense attorney in the trial of Lindsay Clancy asked Thursday for a juror to be removed, saying the person “refuses” to follow the judge’s instructions on reasonable doubt.
“If we come back here in a half an hour with a mistrial because of a juror that has just spurned the instructions of this court, it’s a shame,” said Kevin Reddington, Clancy’s defense attorney.
“My motion is to remove this juror that refuses to listen to your instruction on reasonable doubt.”
Reddington told reporters after Thursday’s session that the juror was identified by a note from the foreman and that there would be “an inquiry by the judge” on Friday.
“I don’t know what his question is going to be. We’ll have an argument about it. I don’t think it’ll be at the sidebar,” Reddington said, suggesting that the inquiry would happen in open court.
The jurors have been dismissed for the day and will return Friday for their seventh day of deliberations.
Jurors sent a note to the judge earlier Thursday afternoon, but the contents were not released to the public. Judge William Sullivan responded by bringing the jurors into the courtroom, one by one, and asking them each to affirm that they are able to follow the law.
He then read them the reasonable-doubt rules, explaining the level of proof required to convict a defendant.
“I wanted to remind you that you are required to follow my instructions on the law as I gave them to you,” Sullivan said.
“A charge is proved beyond a doubt if, after you’ve compared and considered all of the evidence, you have in your minds an abiding conviction to a moral certainty that the charge is true.”
Reddington said reading the instructions was not enough and pressed for the juror in question to be removed.
The prosecution, led by Assistant District Attorneys Jennifer Sprague and Shanan Buckingham, said Sullivan’s approach was “appropriate.”
Sullivan said the defense’s objections were noted and called the discharge of a deliberating juror a “sensitive undertaking.”
“I don’t feel that it is proper for me to side with one side or the other of the deliberations,” Sullivan said. “I don’t feel it’s appropriate for me to say I agree with one juror or the 11. At this point, I’ve asked if they are able to follow my instructions. They swore earlier that they could.”
The jury has told Sullivan twice that it is has been unable to reach a consensus. Sullivan directed them to return to deliberation both times.
Clancy admitted she fatally strangled her three children. The jury is being asked to decide she should be held criminally responsible for the killings, or to accept her insanity defense. If the jury is unable to reach a verdict, Sullivan could be forced to declare a mistrial.
correctionA previous version of this article incorrectly said on first reference that Friday marked the sixth day of jury deliberations. It marked the seventh day.
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