BOSTON (AP) — A lawyer for Lindsay Clancy has filed a motion requesting that a judge investigate the conduct of juror Michael Desronvil, who was the sole juror advocating for Clancy's conviction in the murder case involving her three children. The motion, made public on Monday, seeks to question Desronvil regarding his alleged use of a cellphone during jury deliberations, as well as his truthfulness on a juror questionnaire and during questioning by the judge before the trial concluded.
Attorney Kevin Reddington has requested the court to obtain records of any calls or texts made by Desronvil between 8 a.m. and 4:30 p.m. on the days of deliberation, as cellphone use is prohibited during this time in Massachusetts. Reddington is asking for this motion to be addressed at the next scheduled hearing on September 29.
The judge declared a mistrial on September 4 after the jury reported an inability to reach a unanimous verdict, despite several days of deliberation. Eleven of the twelve jurors were inclined to find Clancy not criminally responsible, citing her struggle with postpartum psychosis at the time of the incidents. In contrast, Desronvil supported the prosecution's argument that Clancy was aware of her actions.
Desronvil stated, "I didn't have any doubts," in a comment shared on the social media platform X by his attorney, Edward Paltzik. The jury foreperson previously claimed that Desronvil admitted to having reasonable doubt about Clancy's guilt but still wanted to convict her, a statement Desronvil has denied.
Desronvil has faced both criticism and support from the public since the trial's conclusion. A fundraiser to assist with what organizers describe as costs for security and legal fees for Desronvil has raised nearly $375,000.
Prosecutors have not yet indicated whether they will retry Clancy, who remains charged with murder and is currently in a psychiatric hospital. In a separate motion, another attorney for Clancy, Martin Weinberg, has requested the judge to dismiss the criminal case instead of proceeding with a new trial, arguing that the mistrial was unwarranted. Weinberg contends that the judge had alternative options, such as replacing the holdout juror with an alternate, which were not pursued.
Under Massachusetts law, prosecutors must demonstrate either that Clancy did not have a mental illness or that she retained the capacity to understand her actions despite having one. Reddington argues that the prosecution failed to establish either point. A spokesperson for Plymouth County District Attorney Timothy Cruz declined to comment on the motions.