The Lindsay Clancy trial jury is deadlocked with a reported 11-to-1 split, causing defense attorney Kevin Readington to demand the removal of a holdout juror who allegedly refuses to follow the judge's instructions on reasonable doubt. The judge conducted individual voir dire of each juror and re-instructed them on the legal standard of 'moral certainty' before dismissing them for the day, leaving the possibility of a mistrial or a negotiated plea deal if the deadlock persists.
“Proof beyond a reasonable doubt does not mean proof beyond all possible doubt... If after you've compared and considered all of the evidence, you have in your minds an abiding conviction to a moral certainty that the charge is true.”
“A juror who refuses to follow the law is very different from a juror who follows the law but disagrees with the other 11 about what the evidence proves. The court set an extraordinarily high bar for removing a juror.”
“Under the McNaughton rule... Massachusetts has a third prong that even if they're mentally ill... but are unable to control their conduct, they can be found criminally not responsible. That basically the language is so amorphous in the state of Massachusetts that the jury gets to do pretty much what they want.”
“If we come back here in 30 minutes with a mistrial because of this one juror... I request that we my motion is to remove this juror that refuses to listen to your instruction on reasonable doubt.”
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