The jury in the Lindsay Clancy triple-murder case is deadlocked 11-1, but the judge has called them back to keep deliberating.
Clancy’s attorney Kevin Reddington wanted Judge William Sullivan to do a voir dire of the juror in question, but Sullivan refused so far. A quick, firy exchange followed when the defense attorney said he wanted a stronger burden of proof instruction.
We are in the court until the gavel falls. Follow along here…
9:33 a.m. Court officers placed cones out to back up the lines for the public and the media, so it’s not so close to the door.
9:30 a.m. When the jurors came in, some nodded emphatically at Sullivan’s instructions on following the law and the burden of proof.
9:20 a.m. “We’re elevating form over substance,” Reddington said, objecting to the judge’s decision and the Commonwealth’s request to tell jurors to refrain from writing about the substance of their deliberations in the notes. “I’m concerned if we do that, the foreperson… might feel that your honor is coming down on her.”
Reddington also requested a stronger instruction on proof beyond a reasonable doubt.
“I did that yesterday,” the judge said.
“You did it soft,” Reddington said back.
“What do you want me to do, get a brass band,” Sullivan said. “I’m sorry about that, I’m not an actor.”
“You are glossing over the issue,” the defense attorney countered.
“I am not glossing over this issue,” the judge said. “I have been thinking about it long and hard.”
“I’ll try to give this one with more pizzazz,” the judge added, before bring the jury back into the courtroom. People watching laughed.
9:17 a.m. Sullivan said he will not do a voir dire of the juror. He plans to bring them back in and instruct on the law.
9:16 a.m. “That note does not indicate that this person has refused to follow the law,” Sullivan said, explaining that the person has not decline to participate in the deliberations.
9:14 a.m. “Not one but two notes that this individual has acknowledged doubt… he is not being honest with you at the sidebar,” Reddington said.
Sprague said there is no information in the note that says the person lied or tried to mislead the judge.
9:09 a.m. “We don’t have any of those circumstances here,” ADA Jennifer Sprague said, to do an individual voir dire of the juror who is hanging up the deliberations.
She said there is “a disagreement about how to weigh the evidence,” which is deliberations and the jury should be sent back to deliberate.
We are not sure what the note said.
9:08 a.m. There is a note the jury sent at the end of the day.
9:07 a.m. Judge William Sullivan is back on the bench.
9:03 a.m. Media is squeezed into the courtroom. More reporters here than yesterday.
8:59 a.m. One of the court officers just told both the media and public lines to back up.
8:48 a.m. Clancy’s attorney Kevin Reddington filed a motion to stop hearing arguments at sidebar.
8:46 a.m. We’re back in courthouse after a crush at the entrance.
Original article
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