The lone holdout juror who was the only one in favor of convicting her of murder for the strangling deaths of her three young children will not have to have his phone examined or face an inquiry from her defense attorney, a Massachusetts judge ruled Wednesday.
Judge William Sullivan denied Clancy attorney Kevin Reddington’s motion for an evidentiary hearing.
Sullivan wrote that the potential evidence to dismiss the juror, referred to as Juror Doe in court documents but understood to be Michael Desronvil, came to light only after the mistrial was declared â which makes it irrelevant under court precedent.
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The defense did not raise the issue that Juror Doe lied on the jury questionnaire before the mistrial was declared, he wrote â it originated in media reports.
“Because post-trial information potentially affecting Juror Doe’s impartiality cannot be used to attack the determination that a mistrial was manifestly necessary, Clancy is not entitled to an evidentiary hearing on that issue,” Sullivan found, while also noting that Reddington didn’t raise the possibility that Juror Doe used a cell phone improperly until after the mistrial was declared.
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Any further inquiry into the holdout juror is inappropriate because of “the mandate that the court must not delve into a juror’s subjective reasoning, thought process, view of the case, or relationship to the other jurors, and must not inquire into the jury’s deliberative content, collective thought process, or any disagreement among the jury,” Sullivan wrote.
Read the judge’s order:
Desronvil told Fox News’ Kayleigh McEnany last week that he stands by his decision not to compromise with 11 others who wanted her to be found not criminally responsible due to postpartum psychosis.
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He has taken to referring to her slain children as “The Three Angels.” They were Cora, 5, Dawson, 3 and Callan, 8 months.
He also denied lying under oath on his juror questionnaire, said jurors only used their cellphones during breaks from deliberations and denied claims from other jurors that he’d ignored reasonable doubts about the case.
Reddington has asked the court to preserve juror records from all 12 panelists and six alternates, including their questionnaires, courthouse hallway surveillance video taken outside the deliberation room and sign-in sheets for the jurors’ cellphones.
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But it was only Desronvil’s phone he’s asked to have examined specifically â between the hours of 8:30 a.m. and 4:30 p.m. on each deliberation day.
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“Everybody had their cellphones and our cell phone was used when we had a break,” the holdout juror said. “So not during deliberation.”
Clancy returns to court on Nov. 2.
