NBC10 Boston reported on Tuesday, September 8, that the jurors spoke with commentator Sue O’Connell about their frustration with one male juror who would not join the rest of the panel.
The jury’s foreperson was among the women interviewed.
NBC Boston/Instagram
Lindsay, 36, pleaded not guilty to three murder charges in the deaths of her children, Cora, 5, Dawson, 3, and Callan, 8 months, and pursued a defense based on lack of criminal responsibility.
One woman, identified as juror two, said the holdout rarely engaged with the group’s efforts to review the evidence and instructions.
The juror said, “He, I think, got up to the cart [with the exhibits] once and then went back to his seat. He would not interact with us or try to understand. We read to him the definition of reasonable doubt. He said one day ‘why don’t we have the judge read it again?’ and we were like no we have it in front of us.”
Lindsay Marie Clancy/FB and Court TV/Youtube
The foreperson said she believed the panel had reached a turning point when the juror acknowledged having reasonable doubt. “He admitted he had reasonable doubt and I started filling out the forms, I was so excited,” she told NBC10 Boston.
But the juror then told the group, “But I’m still not going to say that she’s not guilty by reason of insanity.”
The women said their disagreements became loud enough for alternate jurors to hear through a wall.
The juror described as a holdout has not publicly commented on the case.
GMA/Youtube, Court TV/Youtube and Greg Nash/Pool/The Hill / MEGA
However, presidential pardon authority applies to federal offenses, not state charges such as those in Lindsay’s Massachusetts case.
Clancy’s defense attorney said he believed the final split was 11-1 in favor of a not guilty by reason of insanity verdict. He also said he respected the holdout’s right to disagree but objected to what he viewed as a failure to apply reasonable doubt.
Lindsay’s fate remains in limbo as the prosecutors have not yet announced whether they will retry the case.
She remains at Tewksbury Hospital, where she has been held since shortly after the killings. She attempted suicide by cutting her wrists and neck and jumping from a second-story window, an attempt that left her paralyzed from the waist down.