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re: Clancy Jury Is At 11 - 1?

Posted on 9/4/26 at 7:54 am to
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23732 posts
Posted on 9/4/26 at 7:54 am to
quote:

The burden is still on the defense to show some primary facie evidence of insanity though


Isn't the prima facie evidence just
quote:

raise their hands and say “I’m insane”.



No medical professional had diagnosed her with postpartum psychosis leading up to the killings. She doctor shopped, declined assistance, checked herself out of inpatient facilities, then plotted for her husband to leave so she could strangle her kids one by one. Which, conveniently, is all explained by psychosis. Now the burden is on the prosecution to prove she was *not* insane at the time she did all that. But being noncompliant, hiding your symptoms, and murder are all symptoms of psychosis! Easy peasy, get out of jail free card.
Posted by ElPresidenteGrande
Member since Aug 2013
194 posts
Posted on 9/4/26 at 8:00 am to
quote:

The defense attorney ranted about "One juror who REFUSES to follow your instructions about reasonable doubt." No indication as to which way the jury is leaning. I hope it is guilty, as opposed to the insanity plea.


This makes me think it’s 11-1 guilty. If it truly is that the one holdout is not following the court’s instruction regarding reasonable doubt, it makes me think that they are holding the State to a higher burden of beyond all doubt.
Posted by Mo Jeaux
Member since Aug 2008
64985 posts
Posted on 9/4/26 at 8:01 am to
quote:

Isn't the prima facie evidence just quote:raise their hands and say “I’m insane”.


No, it isn’t.
Posted by lance814
Member since Feb 2013
831 posts
Posted on 9/4/26 at 8:04 am to
quote:

This makes me think it’s 11-1 guilty. If it truly is that the one holdout is not following the court’s instruction regarding reasonable doubt, it makes me think that they are holding the State to a higher burden of beyond all doubt.


Most believe it’s the exact opposite. The jury is unwilling to vote NGRI, but believes there’s reasonable doubt. The defense certainly does. Only the jurors should know.
Posted by ElPresidenteGrande
Member since Aug 2013
194 posts
Posted on 9/4/26 at 8:08 am to
quote:

Most believe it’s the exact opposite.


I very well could be wrong. We shall see today.
Posted by Make It Rayne
Rayne
Member since Sep 2009
2110 posts
Posted on 9/4/26 at 8:09 am to
So the judge is interviewing the one juror today. Is that not jury tampering to try to influence a juror ?
Posted by lance814
Member since Feb 2013
831 posts
Posted on 9/4/26 at 8:10 am to
quote:

No, it isn’t.


Ok, let’s use a hypothetical. Let’s say this case was in Louisiana and all 12 jurors thought there was reasonable doubt that she may or may not have had a psychotic event. How are the jurors instructed to vote?

Then answer the same question Mass.

If your answers aren’t different, you’re misunderstanding jurors instructions. That’s why reasonable doubt was reread and the defense was pissed and wants to remove that juror. He believes there’s reasonable doubt juror believes there’s reasonable doubt and still won’t vote not guilty
This post was edited on 9/4/26 at 9:06 am
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23732 posts
Posted on 9/4/26 at 8:14 am to
quote:

No, it isn’t.


Then what is the bar? Because MA law, apparently, puts the burden on the state to prove sanity beyond a reasonable doubt once NGRI is entered:

quote:

Once the defense raises the issue of the accused’s mental state at the time of the crime, prosecutors bear the burden of proving beyond a reasonable doubt that the defendant was criminally responsible, said Daniel Medwed, a university distinguished professor of law.


And according to him, you don't even need a diagnosis for it to apply:
quote:

In Massachusetts, the defense may apply when a person’s mental condition prevents them from understanding or controlling their actions at the time of an alleged crime, including during an episode of psychosis. A qualifying mental disease or defect also need not fit a specific medical diagnosis.


What requires anything besides the defense to say "Lindsay was insane at the time due to PPP, therefore not responsible?" Sure the prosecution still has to convince the jury of wrongdoing, but MA's bar seems to be unreasonably high.
Posted by Lsut81
Member since Jun 2005
86127 posts
Posted on 9/4/26 at 8:17 am to
quote:

So the judge is interviewing the one juror today. Is that not jury tampering to try to influence a juror ?


No, he's refusing to.

Defense has outted it that its one of the 3 males that is the holdout.


ETA: Just laying into the Defense attorney now... he's pissed that Defense is claiming that Judge isn't doing enough and directing the Jury what to do.
This post was edited on 9/4/26 at 8:21 am
Posted by TheRouxGuru
Member since Nov 2019
14812 posts
Posted on 9/4/26 at 8:21 am to
Man I’m in a dealership right now waiting for my truck and they have a show on CBS where some fricking panel is bending over backwards to defend this piece of shite



This whole thing is fricking mind blowing. I honestly can’t believe this is where we’re at as a society. Absolutely fricking disgusting
Posted by GEAUXT
Member since Nov 2007
30670 posts
Posted on 9/4/26 at 8:30 am to
I don't understand how any of this is legal.

How in the world can they be singling out a juror.

The judge better shut this down ASAP
Posted by tiger91
In my own little world
Member since Nov 2005
40413 posts
Posted on 9/4/26 at 8:31 am to
But how does the defense know for sure?
Posted by LNCHBOX
70448
Member since Jun 2009
89565 posts
Posted on 9/4/26 at 8:33 am to
Red is full of shite. Acknowledging doubt does not mean the doubt is reasonable.

ETA Which is basically what the judge said. Judge is handling this properly IMO
This post was edited on 9/4/26 at 8:36 am
Posted by bluedragon
Birmingham
Member since May 2020
10087 posts
Posted on 9/4/26 at 8:34 am to
Jury is not sequestered.

You can bet they are on the phone and next door telling neighbors every day.
Posted by Lsut81
Member since Jun 2005
86127 posts
Posted on 9/4/26 at 8:41 am to
quote:

But how does the defense know for sure?


Sounds like the note the foreperson sent was very detailed...

Judge had to tell them when they send notes not to give counts or details on the makeup of the sides.
Posted by LNCHBOX
70448
Member since Jun 2009
89565 posts
Posted on 9/4/26 at 8:44 am to
quote:

Sounds like the note the foreperson sent was very detailed...


I don't agree. They read the pertinent part several times and it keeps saying the juror has "acknowledged doubt." That doesn't mean the doubt is reasonable.

At this point, it needs to be a hung jury and a mistrial IMO. Good on the alleged guy for saying no to the mob of ignorant women.
This post was edited on 9/4/26 at 8:44 am
Posted by The Pirate King
Pangu
Member since May 2014
70340 posts
Posted on 9/4/26 at 8:53 am to
Posted by ShrimperDan
Fernandina
Member since Jul 2026
282 posts
Posted on 9/4/26 at 9:03 am to
quote:

How in the world can they be singling out a juror.


Ultimately they can't force the guy to change how he reads the case. I would say the same even if it were a dumb woman trying to get her NGRI and the rest wanted to fry her.

Declare the mistrial and move on.

If I were the state I would scour TikTok and other platforms for compelling arguments that are accurate to the facts of the case that also have a bunch of likes and are in favor of a conviction. Sounds silly and it is, but obviously if a bunch of people agree with it then it might work better than their arguments did the first go-around that got us almost to the point of a lesser charge or even NGRI.
Posted by SludgeFactory
Middle of Nowhere
Member since Jun 2025
5031 posts
Posted on 9/4/26 at 9:11 am to
quote:

This whole thing is fricking mind blowing. I honestly can’t believe this is where we’re at as a society. Absolutely fricking disgusting


You don't like "progress"? You must be in a cult. You should be shot in the neck in front of your family for wrong think.
Posted by lance814
Member since Feb 2013
831 posts
Posted on 9/4/26 at 9:13 am to
quote:

Ultimately they can't force the guy to change how he reads the case. I would say the same even if it were a dumb woman trying to get her NGRI and the rest wanted to fry her.


Agreed, but the judge can speak to juror and find out if they’re willingly ignoring the instructions provided. Example: “I believe she may have had a psychotic event and didn’t know right from wrong, but I’m still voting guilty because she needs to go to jail for the rest of her life.” The judge can rule to remove the juror in that case.

This can be easily combatted by the juror if it’s states they reasonably believe she knew right from wrong and still committed the crime. Judge wouldn’t remove him in that scenario and hung jury would be the likely outcome.
This post was edited on 9/4/26 at 9:18 am
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