Defense seeks inquiry into holdout juror and dismissal of murder case against Lindsay Clancy
Attorneys for Lindsay Clancy have asked a judge to investigate a juror who voted for conviction and to dismiss the criminal case, citing double-jeopardy concerns.
Lawyers for Lindsay Clancy filed a motion asking the court to examine the conduct of the sole juror who voted to convict the Massachusetts mother of murder in the deaths of her three children. The defense seeks records of any cellphone calls or texts the juror, Michael Desronvil, may have made during deliberations and wants to verify his answers on pre-trial questionnaires, noting that phone use is prohibited in the state.
The judge declared a mistrial on Sept. 4 after the jury could not reach a unanimous verdict. Eleven of twelve jurors were prepared to acquit, citing evidence that Clancy may have been experiencing postpartum psychosis, while Desronvil maintained that she acted knowingly.
In a separate filing, Clancy’s counsel argued that the mistrial was improper and requested dismissal of the case on double-jeopardy grounds. They contend the judge should have substituted an alternate juror after the foreperson reported that the holdout juror was refusing to consider the law on reasonable doubt.
"Ms. Clancy, like all criminal defendants, had a Constitutional right to have her fate decided by an impartial jury of her peers, faithfully applying the law as instructed rather than superimposing the juror's own view of legal right and wrong," the motion stated.
The Plymouth County district attorney’s office declined to comment on the motions. Desronvil has not been charged with any misconduct, though other jurors described him as inflexible. His attorney released a statement in which Desronvil said he had no doubts about Clancy’s intent, claiming the evidence was sufficient to prove she acted knowingly.
The motions were filed as Clancy remains hospitalized in a psychiatric facility pending resolution of the charges.