Lindsay Clancy’s legal team has asked a Massachusetts judge to investigate the lone juror who refused to acquit her in the murder trial involving the deaths of her three young children.
Attorney Kevin Reddington filed a motion on Friday requesting an inquiry into Michael Desronvil, the only member of the jury who sided with prosecutors. The filing asks Judge William Sullivan to examine whether Desronvil violated court rules by using a cellphone during deliberations and whether he was truthful in his pre-trial responses.
The request comes after Sullivan declared a mistrial on Sept. 4. The jury failed to reach a unanimous verdict following eight days of deliberations and months of testimony. Eleven of the 12 jurors were prepared to clear Clancy of criminal responsibility, believing she suffered from postpartum psychosis at the time of the killings.
Reddington’s motion specifically requests records of calls or texts made by Desronvil between 8 a.m. and 4:30 p.m. on the days the jury deliberated. Using phones during deliberations is prohibited in Massachusetts courts.
The defense argues that Desronvil’s behavior warrants scrutiny. The motion questions his truthfulness regarding pre-trial questionnaires and questioning by the judge. While Desronvil has not been formally accused of wrongdoing, some jurors complained that he was inflexible during discussions.
In a public release, Desronvil stated he “didn’t have any doubts” about his decision to support a conviction. Prosecutors had argued that Clancy knew what she was doing when she strangled her children.
Clancy’s other attorney, Martin Weinberg, filed a separate motion on Monday asking the judge to dismiss the criminal case entirely rather than schedule a new trial. Weinberg argued that the court should have replaced Desronvil with an alternate juror after the foreperson complained he refused to listen to instructions regarding reasonable doubt.
“Contrary to the court’s stated believe at the time, it did have viable choices other than declaring a mistrial,” Weinberg wrote in the filing.
The trial featured testimony from psychologists who treated Clancy for worsening mental health problems after the birth of her youngest child. She had been released from a psychiatric hospital less than three weeks before the killings occurred.
Clancy remains charged with murder and is currently held in a psychiatric facility. Prosecutors have not announced whether they plan to retry the case. A spokesperson for Plymouth County District Attorney Timothy Cruz declined to comment on the motions.