ONE Juror Stopped Lindsay Clancy From Being Acquitted

The Lindsay Clancy trial has ended in a mistrial after days of extraordinary jury deadlock—and now we finally have an indication of just how close this case may have come to an acquittal. After the mistrial, Clancy's lawyer Kevin Reddington publicly claimed the jury stood 11–1 for acquittal, with a single male holdout refusing to join the other jurors. If that's accurate, the Commonwealth didn't narrowly miss a murder conviction. It came extraordinarily close to losing the entire case.

But what happened next bothered me. Reddington publicly singled out that holdout, said the other jurors had been “robbed” by one man, questioned whatever “agenda” he might have had, and said he hoped the juror could sleep well at night. I think Reddington did a tremendously superior job trying this case compared with the Commonwealth, but I also think he went too far here. A juror isn't doing something wrong merely because he reaches a different conclusion from the other 11. The entire purpose of requiring unanimity is that every juror must reach an honestly held judgment rather than surrendering it simply because everyone else wants him to give in.

I also break down why the judge refused to interrogate or remove the holdout, why I believe that was the correct decision, the constitutional arguments Reddington was preserving for appeal, and what this 11–1 split could mean when prosecutors retry Lindsay Clancy.

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