Defense attorney Kevin Readington moved to remove a single holdout juror in the Lindsay Clancy case after the jury revealed an 11-1 split favoring acquittal, but Judge Sullivan denied the motion, likely leading to a mistrial. Legal expert David Yianetti analyzes the procedural impossibility of removing a dissenting juror for legal disagreement and predicts the prosecution will retry the case despite the strong defense position.
“It is fraught with danger to start picking out jurors out of a jury box and say, 'You know what? You can't play with your fellow jurors. You don't agree with them, so we're getting rid of you.' Doesn't happen.”
“I think the jury did reveal, very likely did reveal the makeup of the jury when they said that 11 of us are in agreement and one person will not abide by the reasonable doubt instruction.”
“We retreated in the second trial... we don't have to prove anything and relied on reasonable doubt. Introduced the same evidence but focus more on the standard and that proved to be more effective.”
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