Kevin Reddington's motion to investigate holdout juror Michael Desronvil in the Lindsay Clancy mistrial may not be on the agenda at key status conference Tuesday.
PLYMOUTH, Mass. — Lindsay Clancy's legal team and Massachusetts prosecutors have agreed to delay defense attorney Kevin Reddington’s motion to investigate the lone holdout juror in her mistrial, his attorney Edward Paltzik told Fox News' Kayleigh McEnany Monday.
A final decision is subject to Judge William Sullivan, but the judge has not yet announced a decision one way or the other.
The delay agreement comes as the juror's counsel informed the parties that he does not have access to impounded information necessary to prepare a response.
"The DA and Reddington consent to adjourn the motion to investigate Michael," Paltzik said. "If Judge Sullivan signs an order today, much of it could be adjourned. Either way, a status conference is still likely. But the motion about Michael is likely not on tomorrow."
Clancy is due in court at 9 a.m. Tuesday for a status conference in the wake of her mistrial — her first court date since jurors deadlocked on Sept. 4.
"We have our local counsel showing up either way," Paltzik said. "It’s important to note that all of this is subject to the Judge’s discretion."
The hearing was expected to cover Reddington's motion to hold an inquiry into the holdout, Michael Desronvil, as well as a double jeopardy motion seeking to dismiss the charges instead of holding a retrial.
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Prosecutors are also expected to give an update on their plans.
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Reddington had asked the court for an investigation into Desronvil, the only juror out of 12 who maintained that Clancy is guilty of murder in the strangling deaths of her three children, Cora, 5, Dawson, 3, and Callan, 8 months.
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Eleven other jurors agreed that Clancy should be found not guilty by reason of mental defect or disease after Reddington raised an insanity defense, arguing that she suffered from postpartum psychosis.
Paltzik also questioned why Reddington didn't object to his client as a potential juror during jury selection.
With 12 jurors and four alternates, Reddington would have had 16 strikes to use to remove candidates before the trial began.
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