@meghannmcuniff: Before the judge declared a mistrial, Lindsay Clancy's lawyer again asked that the one juror who doesn't agree with the 11 others be removed from deliberation. "The law itself that we're dealing with clearly indicates that a judge has the authority to excuse a deliberating juror for 'good cause' and allow the remaining 11 jurors to return a valid verdict, and/or with the substitution of one of the jurors that have been waiting, obviously, as alternates," said Kevin Reddington. "While the First Circuit acknowledges that a juror's refusal to follow the law or instructions constitutes good cause for dismissal. It does impose procedural issues as to how the court would navigate, and which would require a hearing." Reddington said a 1993 circuit caae "addressed the underlying concept of nullification, where a juror refuses to follow the court's instructions." The court "held that while jurors possess a raw power to acquit for any reason, they have a significant duty, and their duty requires them to apply the law as given to them by the court." "If a juror abdicates this duty, it triggers the court's authority to intervene, and the court would then have a procedure where you would inquire, just like a hearing, like we were suggesting that the court should have a hearing," Reddington said. "So, I would suggest, Your Honor, that clearly under the First Circuit law, federal law, as well as argument to the court, Massachusetts law, that we have a juror who has, according to the foreperson, is the only person who is basically holding out, so to speak. And unfortunately, they're not holding out based on a good faith issue with the facts or with the law." Judge Sullivan declared a mistrial at 2:23 pm. Eastern time. His clerk formalized it for the record at 2:30 p.m. No one has said in court whether the majority of the jurors favor guilty or not guilty. People connected to Reddington say they favor not guilty, but Reddington said on camera he doesn't know. Clancy is still charged, and prosecutors can seek a second trial. Everyone is to meet again in Judge Sullivan's courtroom on Sept. 29. #law #crime #court

Meghann Cuniff

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Friday 04 September 2026 19:30:29 GMT