The parties in Lindsay Clancy’s trial opened Friday morning with spirited debate over a second jury note indicating the jury is split 11-1 toward an acquittal.
What the note said: The jury sent a note late Thursday saying a holdout juror “has acknowledged doubt but refuses to apply it to the verdict,” Judge William F. Sullivan said.
What the attorneys said: Prosecutor Jennifer Sprague said the note indicated a disagreement among jurors over how to weigh the evidence. “There is no indication that the juror is intentionally trying to mislead the court or lie to the court,” she said. She asked the court to send the jury back to continue deliberating.
However, defense attorney Kevin Reddington said the juror “lied” to the judge when they promised to properly follow the law. The note “clearly and unequivocally indicates that they are basically 11 to 1, and this person will not apply reasonable doubt to the evidence to return a not guilty verdict,” he added. He asked the judge to question this juror further and potentially remove them.
What the judge said: Sullivan declined to question the juror further, saying the note “does not indicate that this is a juror who has refused to follow the law.” He said he will remind the jury to follow the law “whether they like it or not.”
Judge gets snarky: Reddington asked the judge to read the instructions “forcefully,” and Sullivan responded, “What do you want me to do? Get a brass band? I’m not an actor.”
Judge speaks to jury: With the jury in court, the judge reminded them to follow the law as instructed. He then told them to continue deliberations.