Lindsay Clancy’s defense team is asking the judge who presided over her murder trial to investigate the juror whose refusal to join the other 11 members of the panel resulted in a mistrial earlier this month.

Attorney Kevin Reddington filed a motion asking Plymouth Superior Court Judge William Sullivan to conduct a limited inquiry into Michael Desronvil, who was identified by his attorney last week as the lone holdout juror in Clancy’s case. The motion raises questions about Desronvil’s answers during jury selection, his legal history and his alleged use of a cellphone during deliberations.

Clancy’s five-week trial ended Sept. 4 after the 12-member jury failed to reach a unanimous verdict. According to several jurors who have spoken publicly, the panel was divided 11-1, with 11 jurors supporting a finding that Clancy was not criminally responsible for the deaths of her three children. Desronvil maintained that prosecutors had presented sufficient evidence that Clancy understood her actions and was criminally responsible.

Clancy is charged with first-degree murder in the deaths of her children, 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan, who were killed at the family’s Duxbury, Massachusetts, home in January 2023. Clancy has acknowledged strangling the children but has argued that she was experiencing postpartum psychosis and therefore could not be held criminally responsible.

Prosecutors have argued that although Clancy experienced serious mental-health problems before the killings, she remained capable of understanding her actions and distinguishing right from wrong. The jury deliberated for seven days before Judge Sullivan declared a mistrial.

Defense Questions Juror’s Background

Reddington’s latest motion asks the court to examine whether Desronvil accurately completed the confidential questionnaire given to prospective jurors and whether he answered questions truthfully during the jury-selection process.

The defense is particularly interested in records concerning Desronvil’s past legal matters. Court records reported by local media show that he was charged in 2021 with assault and battery on a family or household member following allegations that he grabbed a woman by the throat and threw her into a dresser. The criminal charge was later dismissed.

Records also show that Desronvil was subject to a civil restraining order. The defense wants the court to determine whether these matters should have been disclosed during jury selection and whether they affected his eligibility to serve on the jury.

The motion asks Sullivan to review the juror questionnaire and related records, as well as any information concerning cases in which Desronvil may have been a defendant, complainant or subject involving the Plymouth County District Attorney’s Office.

Reddington has emphasized that the requested inquiry would concern the juror-selection process and alleged conduct during deliberations rather than the substance of the jury’s private discussions.

Questions About Cellphone Use

The defense is also asking the court to examine whether Desronvil used his cellphone during jury deliberations.

Reddington has requested records showing calls or text messages made by Desronvil during the hours the jury was deliberating. Massachusetts jurors are prohibited from using their phones during deliberations.

The request follows reports from other jurors that Desronvil was seen using or scrolling on his cellphone during deliberations. Reddington has asked the judge to determine whether he used the device or received information from outside sources while the jury was considering the case.

Desronvil has denied that he improperly handled the case. Through his attorney, Edward Paltzik, he said he believed the evidence showed Clancy knew what she was doing and had planned the killings. He also said that other jurors repeatedly interrupted him when he attempted to discuss alternative theories about the evidence.

There has been no finding by the court that Desronvil committed misconduct, and the judge has not yet ruled on Reddington’s request for an investigation.

Separate Bid to End the Case

Reddington’s filing comes as Clancy’s defense team pursues another legal argument following the mistrial. In a separate motion, another defense attorney has asked Sullivan to dismiss the case rather than allow prosecutors to retry it.

That motion argues that the judge should have replaced Desronvil with an alternate juror after concerns were raised during deliberations about his approach to the case and the court’s instructions concerning reasonable doubt.

Prosecutors have not announced whether they intend to retry Clancy on the first-degree murder charges. Judge Sullivan has scheduled a hearing for Sept. 29, when the court is expected to address the case’s next steps and the defense’s pending motions.

For now, the central legal issue remains unresolved: whether the mistrial will lead to another trial or whether the defense can persuade the court to end the prosecution before a new jury is selected.

Sources:
Associated Press
New Haven Register
NBC Boston
Boston Globe
ABC News
Boston.com