Judge leans toward March retrial for Lindsay Clancy as prosecutors haven’t settled charges after hung jury

March considered for retrial

The first trial ended in a hung jury on Sept. 4. Prosecutor Sprague said the state had not settled on how a retrial would proceed, and the charges Clancy might face remain unknown. If prosecutors pursue lesser second-degree murder charges, Clancy could choose between a jury trial and having a judge decide her fate.

Arguments over juror records

Defense attorney Reddington asked the court to preserve records related to the holdout juror, called “Juror Doe” in court. He argued the juror had failed to disclose an abuse prevention order and a 2021 arrest.

Reddington referred to the juror by name during his argument, prompting an interruption from Sullivan and a heated exchange. Reddington said the juror’s name was widely available online and that he had given interviews.

Sprague urged the court to deny the request, warning it could lead to scrutiny of every juror’s conduct and statements. O’Connor said the defense had questioned the juror before he joined the panel, asking only two questions before accepting him. She also argued that an allegation he looked at his phone did not establish he used it to research the case.

Dispute over jury deliberations

The hearing opened with Martin Weinberg arguing for Clancy on double jeopardy. He said a jury note should at least have led to questioning about whether the holdout juror was deliberating in good faith.

Weinberg argued that further questioning could have revealed whether the juror was following the court’s instructions. Sprague said the jury’s note accusing the juror of not following reasonable instructions was essentially an expression of opinion. Sullivan did not rule Monday on the motion concerning the holdout juror.

Gag order remains unresolved

Reddington objected to the delay in deciding what charges Clancy might face and said he wanted Sullivan to remain the trial judge, citing the judge’s approaching retirement. Prosecutors sought a gag order for the defense, saying Reddington’s public comments could affect public opinion and potentially taint a jury pool. Sprague said prosecutors had avoided inflammatory public remarks and responded only with “no comment.”

Laura McConnell opposed the proposed order, arguing Reddington had not been litigating the case through the media. Sullivan took the matter under advisement and made no ruling during Monday’s three-hour hearing.