Lindsay Clancy’s lawyer has asked a Massachusetts judge to investigate the juror whose refusal to acquit her led to a mistrial in the case over the deaths of her three children.
In a motion filed on Friday and made public on Monday, Kevin Reddington asked Judge William Sullivan to question Michael Péguy Desronvil about alleged mobile phone use during deliberations, his answers on a pre-trial questionnaire and statements he made when jurors were questioned by the court shortly before the trial ended.
The defence has also requested records of calls and messages made by Desronvil between 8am and 4.30pm on each day of deliberations. Mobile phone use by jurors during deliberations is prohibited in Massachusetts.
Reddington’s motion seeks what he describes as a limited inquiry into whether the juror supplied truthful information during jury selection and complied with the judge’s directions. It also asks the court to examine records relating to the jury and material connected with the alleged phone use.
Documents linked to the request have been impounded by the court, and Judge Sullivan has not yet ruled on whether the proposed investigation will go ahead.
Lindsay Clancy mistrial followed jury deadlock
The request follows the mistrial declared on September 4, after the jury failed to reach a unanimous decision following weeks of evidence at Plymouth County Superior Court.
Eleven of the 12 jurors were reportedly prepared to find Clancy not criminally responsible for the deaths of her children. They believed she was suffering from postpartum psychosis when she strangled them, while Desronvil agreed with prosecutors who argued that she understood what she was doing.
Desronvil has since retained lawyer Edward Paltzik and said publicly that he had no doubts about Clancy’s criminal responsibility. His statement followed criticism from members of the jury who said he had refused to accept the legal test for reasonable doubt.
Clancy is charged with murdering her three young children and remains at Tewksbury State Hospital. The mistrial returned the case to the position it occupied before the proceedings began, with prosecutors now having to decide whether to seek a new trial.
Judge Sullivan has scheduled a further hearing for September 29. Prosecutors have said they would ideally like to retry the case later this autumn, although no firm timetable has been set.
