Lindsay Clancy‘s request for an evidentiary hearing about the holdout juror has been denied … with the judge in the case saying that information uncovered after the mistrial was declared is irrelevant to determine whether the judge made the right call at the time.
Judge William F. Sullivan — who presided over the case and declared mistrial after the jury was unable to reach a unanimous verdict — denied Clancy’s request for an evidentiary hearing on Wednesday. Clancy’s lawyers wanted the hearing to question lone holdout juror regarding allegations that he lied on his jury questionnaire and improperly used his cellphone.
Sullivan says the new allegations and info came out after he declared a mistrial and is irrelevant because whether it was necessary to declare a mistrial is based on what was known at the time of his decision.
Therefore, the judge denied the motion for an evidentiary hearing on the matter … although the motion to dismiss on double-jeopardy grounds will still be heard in November.
As we’ve reported … Michael Desronvil — the jury’s holdout — has spoken out since the mistrial was declared. He even accused Kevin Reddington — Lindsay’s lead lawyer — of putting a target on his back.
He insists prosecutors convinced him beyond a reasonable doubt that Lindsay was guilty … which is why he refused to change his answer.
Lindsay’s lawyers tried to get a not guilty verdict after the mistrial was declared by proving the prosecution failed to make their case. However, the judge found they presented enough evidence for a “rational” jury to “find beyond a reasonable doubt the elements of the charge of murder.”
