Lindsay Clancy’s defense team and Massachusetts prosecutors have agreed to postpone a motion seeking an investigation into the lone holdout juror from her recent mistrial, according to Edward Paltzik, the attorney representing that juror.
Paltzik told Fox News’ Kayleigh McEnany on Monday that both sides consented to adjourn the motion, though the final call rests with Judge William Sullivan, who had not issued a ruling as of Monday.
“The DA and Reddington consent to adjourn the motion to investigate Michael,” Paltzik said. “If Judge Sullivan signs an order today, much of it could be adjourned. Either way, a status conference is still likely. But the motion about Michael is likely not on tomorrow.”
The push to delay comes after attorneys for the juror, Michael Desronvil, told the parties involved that he lacks access to impounded information needed to prepare a response to the motion.
Clancy is scheduled to appear in Plymouth County court at 9 a.m. Tuesday for a status conference — her first court appearance since the jury deadlocked on Sept. 4, resulting in a mistrial.
“We have our local counsel showing up either way,” Paltzik said. “It’s important to note that all of this is subject to the Judge’s discretion.”
Tuesday’s hearing had been expected to address defense attorney Kevin Reddington’s request for an inquiry into Desronvil, the sole juror among 12 who held that Clancy was guilty of murder in the strangulation deaths of her three children — Cora, 5, Dawson, 3, and Callan, 8 months. The remaining 11 jurors favored a verdict of not guilty by reason of mental defect or disease, after Reddington argued Clancy suffered from postpartum psychosis.
Also on the docket is a double jeopardy motion from the defense seeking dismissal of the charges outright rather than a retrial. Prosecutors are expected to offer an update on how they intend to proceed.
Paltzik separately raised questions about why Reddington did not move to exclude Desronvil during jury selection, noting that with 12 jurors and four alternates seated, the defense had 16 strikes available to remove prospective jurors before trial began.
This is a developing story.
