Lindsay Clancy’s Defense Wants September 29 to Do WHAT?!

Sep 20, 04:00 PM
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Lindsay Clancy returns to court on September 29 with the defense trying to turn a mistrial into an ending. Kevin Reddington is not relying on a single theory. He is pursuing a Rule 25 required-finding argument while also preparing a separate double-jeopardy challenge to the mistrial itself. 

Rule 25 focuses on whether the Commonwealth's evidence was legally sufficient to support a conviction. The double-jeopardy argument focuses on a different question: whether Judge William Sullivan truly had to declare a mistrial after the jury deadlocked 11-1. 

That second fight reaches back into the jury room. Foreperson Roni Carlson has said the lone holdout admitted he had reasonable doubt, yet still refused to find Clancy not guilty by reason of lack of criminal responsibility. Before the mistrial, the jury sent the court a note saying one member would not follow the reasonable-doubt instruction. Reddington asked Sullivan to remove that juror and the judge refused. 

Sullivan's own instructions now matter to the argument. He told jurors they must follow the law whether they agreed with it or not. In the deadlock charge, he also told each juror that any verdict had to remain the product of that juror's own convictions. The same charge said that if reasonable doubt remained on an essential element, Clancy had to receive the benefit of that doubt. 

Defense attorney Bob Motta joins Hidden Killers Live to separate the legal routes from the courtroom rhetoric. Prosecutors have not announced whether they will retry the case. Sullivan will have to confront the defense motions before anyone can know whether another trial is actually next. 

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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice. 

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