Lawyers representing Lindsay Clancy have asked a judge to investigate the conduct of the sole juror who sought to convict her of murder in the deaths of her three children. A motion, filed on Friday and made public on Monday, requests the court question the juror regarding alleged cellphone use during deliberations, and his truthfulness on pre-trial questionnaires and during questioning by the judge.
The judge declared a mistrial on September 4 after the jury stated it could not reach a unanimous verdict. Eleven of the 12 jurors were reportedly prepared to clear Ms Clancy of criminal responsibility, believing she was experiencing postpartum psychosis. However, one juror, Michael Desronvil, sided with prosecutors who argued Ms Clancy was aware of her actions.
Ms Clancy's lawyer, Kevin Reddington, has asked the court to obtain records of any calls or texts made by Mr Desronvil during jury deliberations, as phone use is prohibited during this period in the state. Prosecutors have not yet indicated whether they will pursue a new trial. Ms Clancy remains charged with murder and is currently in a psychiatric hospital.
In a separate motion filed on Monday, Ms Clancy's lawyers also requested the judge dismiss the criminal case, arguing that a mistrial should not have been declared. They contended that the holdout juror should have been replaced with an alternate during deliberations after a jury foreperson complained that a juror was refusing to consider the law on reasonable doubt.