PLYMOUTH, Mass. — Lindsay Clancy’s legal team and Massachusetts prosecutors have agreed to delay defense attorney Kevin Reddington’s motion to investigate the lone holdout juror in her mistrial, his attorney Edward Paltzik told Fox News’ Kayleigh McEnany Monday.
“The DA and Reddington consent to adjourn the motion to investigate Michael,” Paltzik said. “If Judge Sullivan signs an order today, much of it could be adjourned. Either way, a status conference is still likely. But the motion about Michael is likely not on tomorrow.”
Clancy attorney Kevin Reddington, however, fired back a short time later in a fiery statement of his own, calling Paltzik’s statement “pure nonsense” while conceding that he and county prosecutors had agreed to a continuation as a “professional courtesy” to local counsel now working with the holdout juror.
A final decision is subject to Judge William Sullivan, but the judge has not yet announced a decision one way or the other. The delay agreement comes as the juror’s new local counsel informed the parties that he does not have access to impounded information necessary to prepare a response.
“Earlier today, both the government and I were contacted by a professional local attorney who represents Juror Doe,” Reddington said, not naming Desronvil due to an impoundment order from the court. “That attorney requested — as any qualified counsel would — adequate time to review our motion and reply. As is professional courtesy, both the government and I agreed to continue this specific motion to a later date at their request.”
He said the motion “remains active, fully alive, and is currently pending a ruling.”
“We will not allow a publicity-seeking opportunist to twist simple courtroom courtesy into a victory that does not exist,” he added.
The terms adjourned and continued are similar but have distinct meanings.
“Adjournment generally signifies that something like a hearing is off indefinitely especially because no date is specified,” explained retired Massachusetts Judge Carol Erskine. “A continuance is a simple request by a party or two parties to get a new date. [Reddington] objects because adjournment is a misrepresentation of what is happening.”
Clancy is due in court at 9 a.m. Tuesday for a status conference in the wake of her mistrial — her first court date since jurors deadlocked on Sept. 4.
“We have our local counsel showing up either way,” Paltzik said. “It’s important to note that all of this is subject to the Judge’s discretion.”
The hearing was expected to cover Reddington’s motion to hold an inquiry into the holdout, Michael Desronvil, as well as a double jeopardy motion seeking to dismiss the charges instead of holding a retrial.
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Prosecutors are also expected to give an update on their plans.
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Reddington had asked the court for an investigation into Desronvil, the only juror out of 12 who maintained that Clancy is guilty of murder in the strangling deaths of her three children, Cora, 5, Dawson, 3, and Callan, 8 months.
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Eleven other jurors agreed that Clancy should be found not guilty by reason of mental defect or disease after Reddington raised an insanity defense, arguing that she suffered from postpartum psychosis.
Paltzik also questioned why Reddington didn’t object to his client as a potential juror during jury selection.
“I just learned that Kevin ‘Shooter McGavin’ Reddington HAD multiple peremptory challenges remaining when the opportunity to strike Michael came around,” he wrote on X Monday, in a reference to a character from the movie “Happy Gilmore.”
“Reddington could have eliminated Michael during jury selection but failed to do so,” he wrote.
A spokesperson for Reddington told Fox News Digital earlier Monday that he would not be responding to interview requests until after Tuesday’s hearing.
With 12 jurors and four alternates, Reddington would have had 16 strikes to use to remove candidates before the trial began.
