Todd's Take
Three of the jurors from the Lindsay Clancy trial sat down with NBC10 Boston to talk about the one juror who wouldn't vote with them.
They called him arrogant. They said he wouldn't listen to anybody. They said he brushed off the nurses sitting on that jury when the nurses explained what Lindsay’s toxicology report meant.
They have done just about everything short of doxxing the man. And that very well may be coming next.
I want to commend him for standing firm.
I've served on a jury. I was the last holdout, and I know I frustrated some people in that room. So I have a rough idea what those days were like for him — but the intensity placed upon him was many magnitudes greater than what I faced.
Here is what I remember about walking into jury deliberations. I wanted to be fair to the defendant, and I wanted justice for the victim. That was our job as a jury.
What I noticed in there is that people arrive at reasonable doubt from different directions and at different speeds. Some got there fast. I was slower and more methodical about it, and I'm sure that wore a few of them out.
That is not a flaw in the system, my friends. That is the system.
We are not launching a rocket. We are dealing with people — with memories, with testimony, with evidence collected by other people who are every bit as human as the rest of us.
That's why there are twelve. That's why it has to be unanimous. It's really a beautiful thing when you stop and think about it.
The jury forewoman told NBC that the holdout admitted he had reasonable doubt, and that she got so excited she started filling out the verdict forms when he allegedly said it. She said she signed her signature on each one.
Then he told her he was not going to say Lindsay Clancy was not guilty by reason of insanity.
She was signing verdict forms for a verdict the jury had not even reached yet.
Their real complaint is that he wouldn't take the nurses' word for it. There were nurses on that jury, and when he asked about the toxicology report, they explained it to him — but it didn't persuade him.
He could ask that question and still be convinced, beyond a reasonable doubt, that Lindsay Clancy was guilty.
A nurse on a jury explaining how she reads the evidence is not evidence. Neither is a lawyer's opening statement. The Clancy defenders will tell you that themselves, and on that narrow point, they are correct.
I suspect the question the lone holdout juror kept coming back to is the obvious one. Other women take that exact or similar medication. Why didn't any of the others strangle their three children?
This is one of the biggest problems we have in this country: people have abdicated their responsibility to think for themselves.
If the doctor says it, many people just do it blindly. However many Covid shots they told us to line up for, a lot of folks just dutifully lined up. The food pyramid was science too, and nearly all of it turned out to be bunk.
I'm not telling you to distrust everybody with a credential. We should listen to people. We should learn from those who know more about certain subjects than we do. But you were given a mind and a conscience, and nobody gets to do your thinking for you.
The forewoman is a fifth-grade teacher, and the reporter's own framing of the story was that she talked a lot about how managing those deliberations was harder than her work in a fifth-grade classroom.
Let me say something that will bother some folks, and let me be careful about who I am talking to. Many, many teachers do a very good job. They go in early, they take work home, they worry about kids who aren't theirs, and they don't say a word about any of it.
My brother needed help in a math class as a high schooler, and a teacher named Linda Hutzel came in early to tutor him, as she did with many other students. She was a fantastic teacher and a wonderful person. There are certainly a lot of those in America today.
But there is also a subset of that profession that wants the rest of us to know, constantly and publicly, how hard their job is. I ran a Boys and Girls Club. I sat on a school board. I even served as a substitute teacher on occasion when absences could not be covered.
Comparing deliberations in a triple homicide to a fifth-grade classroom tells you something about the frame of mind that walked into that room. And this illustrates the mindset we are up against.
Reagan said freedom is never more than one generation away from extinction. I can't help but wonder if he had something like this in mind when he said it. At the very least, he was talking about people who have rejected some core fundamental truths that are important in our constitutional republic.
After all, my friends, the greatest risk to our republic does not lie in tanks and armies. It lies in ideas that run contrary to truth and to the way this great nation was set up.
In spite of all the insanity around us, this is not the time to throw up your hands.
Yes, we have a lot of work to do. And yes, there are substantially more people who believe the nonsense and the lies than I want to admit.
The cold hard truth is that the antidote to this stuff may often lie in simply being the one person in the room who stands up for truth and refuses to go along with the insanity.
Conservative, not bitter.
Todd
Quote of the Day
It is not only his right but his duty, in that case, to find the verdict according to his own best understanding, judgment and conscience, though in direct opposition to the direction of the court.
Stack of Stuff
RedState — The write-up that put the juror interview in front of me, and the one I said I'd link for you.
NBC10 Boston — The interview itself: three jurors, in their own words, on the man who wouldn't go along.
CBS News Boston — Kevin Reddington's pardon request, and a clear explanation of why it can't work.
Constitution Annotated — The Library of Congress on the actual scope of the pardon power. Federal offenses. That's the whole list.
WBUR — Patrick Clancy's attorney puts the online accusers on notice.
NPR — If you're catching up: the mistrial, the eleven-to-one split, and where the case stands.
Today's Poll
You know where I come down on this one. Now I want to know where The Inner Circle comes down.
If you had been the twelfth juror in the Lindsay Clancy trial, what would you have done?
Her Lawyer Asked Trump for a Pardon. There Is No Pardon to Give.
There is another piece of this case worth your attention, and it happened yesterday morning on national television.
Kevin Reddington, Lindsay Clancy's defense attorney, went on Good Morning America and asked President Trump to step in.
"The goal is pretty simple," he said. "It's to seek help from Trump." He also said he would not plead his client to a single day in jail, because "she doesn't deserve jail, because she was sick."
While there are many issues with that particular request, there is one obvious one that needs to be stated: the president simply cannot pardon her.
Article II gives the president power to grant reprieves and pardons "for offences against the United States." The Library of Congress's own Constitution Annotated states it plainly: that phrase means offenses against the United States as distinguished from offenses against the states.
Lindsay Clancy is charged in Massachusetts. State charges. State court. State prosecutor. There is no federal case here, so there is no pardon to give.
Reddington knows that. What he is much more likely after is pressure on Plymouth County District Attorney Tim Cruz ahead of the September 29 hearing on whether Lindsay Clancy gets tried again.
This means the same man who stood on the courthouse steps and told the country a juror refused to apply the law now wants a president to lean on a prosecutor. Sounds like an all-around great guy…
Then there is Patrick Clancy.
He is the father of Cora, Dawson, and Callan, and he was married to Lindsay when she killed the children. He is also, to a certain lunatic crowd online, the man who must have really done it.
Yesterday his attorney, Howard Cooper, issued a statement calling it "a relentless, escalating and destructive defamation campaign" run by "minor celebrities, so-called influencers and outright conspiracy theorists."
The statement says it has produced real threats to his reputation, his livelihood, and his life. Law enforcement has been notified, and anyone responsible should understand there may be consequences, "including legally."
Nothing has been filed yet. This is simply a warning of things that could be to come.
Patrick buried his three children. Then he watched a significant part of the internet, clad in pink hats and outfitted with Inspector Gadget magnifying glasses, decide he was the one who did it. Now he is paying lawyers to defend himself from these online lunatics and conspiracy theorists.
From Today's Show
Today's clip is the pardon question. Her attorney went on national television and asked President Trump to step in, and I take about a minute to explain why that request goes nowhere.
Watch it, then tell me in the comments what you think Reddington is actually doing here — asking for a pardon he knows can't happen, or squeezing the district attorney before the September 29 hearing.
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