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A serious dispute emerged during jury deliberations in the Lindsay Clancy murder trial on Thursday, after the defense claimed that one juror was refusing to follow the judge’s legal instructions regarding reasonable doubt.

Defense attorney Kevin Reddington told the court that, according to the jury foreperson, “there's one juror who refuses to listen to the law.” Reddington asked for the juror to be removed, warning, “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.”

Prosecutors opposed the request. They argued that there was “no way to determine what the deliberations are, who's correct, who's incorrect, nor should we attempt to, because that's part of deliberations.” They said the judge had taken the appropriate step by confirming that all jurors were capable of following the law.

Judge William Sullivan refused to remove the juror, describing the discharge of a deliberating juror as “a sensitive undertaking.” He said it would not be appropriate “to side with one side or the other of the deliberations.”

Clancy faces three counts of first-degree murder in the deaths of her three children—Cora, Dawson, and Callan. She does not deny the killings but claims she was suffering from postpartum psychosis.

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Transcript
00:00I appreciate the fact, Your Honor, that you're allowing us to be heard in public rather than at the sidebar.
00:04The court has an instruction from the foreperson of that juror that's been working for a week now
00:10saying that there's one juror who refuses to listen to the law that you've given him or her on reasonable
00:18doubt.
00:19And I suggest respectfully that the soft instruction that you gave them saying at the sidebar,
00:26can you listen to the law as I instruct you, does not focus on the issue.
00:31The question is not sufficient enough.
00:35It does not allow any foundation for a motion to remove the juror who refuses to accept your instructions on
00:44the law on reasonable doubt.
00:46And if we come back here in a half an hour with a mistrial because of a juror that has
00:52just spurned the instructions of this court,
00:55it's a shame.
00:56It's a real shame.
00:57And that's why I object to the court's ruling.
00:59I request that we have further inquiry.
01:02I request that my motion is to remove this juror that refuses to listen to your instruction on reasonable doubt.
01:09All right.
01:09Colmo.
01:13Thank you, Your Honor.
01:14We have the note from the jury.
01:16There's no way to determine what the deliberations are, who's correct, who's incorrect, nor should we attempt to,
01:23because that's part of deliberations.
01:25I think what Your Honor has done by asking each juror if they're able to follow the law
01:30and then giving a general instruction on reasonable doubt is appropriate under Commonwealth v. Ralph.
01:35So we do not have an objection to what the questions or the re-instruction.
01:42All right.
01:42Well, I'm sure as parties understand, as they say, the discharge of a deliberating juror is a sensitive undertaking.
01:51I was just specifically responding to the specific question that was asked.
01:59I don't feel that it is proper for me to side with one side or the other of the deliberations.
02:07I don't feel it's appropriate for me to say I agree with one juror or 11.
02:13But at this point, I've asked if they are able to follow my instructions of courting.
02:20They swore earlier that they could.
02:22They've said at this point that they can.
02:25That was specifically addressed towards the specific question.
02:31And that's what I'm doing.
02:32So the defendant's objection is noted.
02:36And we will be in recess on this at this time.

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