Lindsay Clancy’s Attorney Seeks Investigation of Holdout Juror After Mistrial

BOSTON: attorney for Lindsay Clancy has asked a Massachusetts judge to investigate the conduct of the lone juror who supported convicting her of murder in the deaths of her three young children.

In a motion filed Friday and made public Monday, Clancy’s attorney Kevin Reddington asked the court to question juror Michael Desronvil over alleged cellphone use during jury deliberations, as well as his responses to a questionnaire completed by prospective jurors and statements made when the panel was questioned by the judge shortly before the trial ended.

Reddington also requested that the court obtain records of calls and text messages made by Desronvil between 8 a.m. and 4:30 p.m. on each day of deliberations. Cellphone use during jury deliberations is prohibited under Massachusetts rules.

The five-week trial ended in a mistrial on Sept. 4 after the 12-member jury failed to reach a unanimous verdict following seven days of deliberations. According to AP, 11 jurors were prepared to find Clancy not criminally responsible, with the majority accepting the defense argument that she was suffering from postpartum psychosis when she killed her three children. Desronvil maintained the position advanced by prosecutors that Clancy understood what she was doing.

Desronvil has not been accused of wrongdoing in connection with his jury service. In a statement released through his attorney last week, he rejected claims that he had acknowledged having reasonable doubt while nevertheless refusing to acquit Clancy. He said he had no doubts about her criminal responsibility and believed the evidence showed that she knew what she was doing and had planned the killings.

In a separate motion, Clancy’s attorney Martin Weinberg asked the judge to dismiss the criminal case rather than allow a new trial. Weinberg argued that the judge had alternatives to declaring a mistrial, including replacing the holdout juror with an alternate juror after concerns were raised about the deliberations.

Prosecutors have not announced whether they intend to seek a retrial. Clancy remains charged with murder and is being held in a psychiatric hospital while the case remains unresolved.