Trial Day 26 - Deliberations Continue

0:00Full trial audio. Everything hurting court, no silences to skip. What is now in session please be seated. Sir, morning Your Honor, may I have her seat? Yes, please. Your Honor, before the call today we have the matter of Commonwealth versus Lindsay Clancy. Miss Clancy is present. She is represented by Attorney Kevin Reddington. The Commonwealth is represented by Assistant District Attorney Jennifer Sprague and Assistant District Attorney Shannon Buckingham. Good morning, everyone. Good morning, Council. Good morning, Miss Clancy. Good morning, Your Honor. Before we get going, I just wanted to make one comment without an editorial comment. I just want to remind everybody here and elsewhere that there has been an order, that has been issued in regards to the conducting of this case, as well as statutes in this Commonwealth, which relate to jurors, witnesses, attorneys and others in regards to this proceeding.

1:01And everybody should be well aware that those that order and that statute is being enforced and will be enforced. So I just kind of wanted to put that out there with no follow-up or editorial comment. And so, Council, can I see its sidebar? All right, the Governor of Denver. Hey, hey, hey, all persons having anything to do before the honorable, William Sullivan, just as a very good, now seven-hand plumber, the three-and-fourth of the Commonwealth. Draw on the Indian Mayor's Gen. and you shall be heard. God save the Commonwealth of Massachusetts. Court has now the session. Please, preceded. Good morning, Your Honor. May I proceed? Yes, please. Your Honor, present before the Court, we have 12 deliberating jurors and six alternates in the matter of Commonwealth versus Lindsay Clancy. Ms. Clancy is present. She is represented by Attorney Kevin Ruddington. The Commonwealth is represented by Assistant District Attorney, Jennifer Sprig, and the Assistant District Attorney, Shannon Buckingham. All right, thank you, Madam Clerk.

2:02Good morning again to all of you. I know when I just spoke to all of you about two minutes ago, I said I just had one question. I've got two more questions that I want to ask them to show you know what they are. All right, so the first question is any member of this jury read, see, heard, or heard anything from any source about any aspect of this case that would affect your ability to be a fair and impartial juror? All right. Last question, is there any other serious matter of concern bearing on your services of juror in this case that anybody needs to bring to my attention at this time? All right. Thank you so much for following those instructions as we've gone through this. I'm going to ask you to go and resume your deliberations at this time. All right, thank you. Court, all right, ladies. Judge, next. Court. All right. Council, anything we need to address at this time? Yes. Okay. All right, so we'll be in recess on this matter at this time. Thank you.

3:02What's all right? What's the recess? Any question, the question, or I'm going to give you another instruction. All right. And it's this. Our Constitution and laws provide that in a criminal case, the principal way for deciding questions of fact is by the verdict of a jury. In most cases, perhaps strictly speaking in all cases, I'm going to ask you a question submitted to you with candor and with proper regard and deference and respect. Selected in the same manner and from the same source from which any future jury would be. There is no reason to suppose that the case will ever be submitted to 12 persons more intelligent, more impartial, or more competent to decide it that more or clear evidence and more attainable,

4:09the law imposes the burden of proof on one party or the other in all cases. In the present case, a criminal case, the burden of proof is on the Commonwealth to establish every element of the crime charge beyond reasonable doubt. If you were left in doubt of any element of the crime, the benefit of the doubt and must be acquitted. However, in conferring together, you ought to pay proper respect to each other's opinions and listen to the jury's for a criminal case. If it makes no impression on the minds of others who are equally honest, equally intelligent, and who have heard the same evidence with the same attention, conviction, reasonably doubt the correctness of a judgment that is not concurred in by other members of the Court.

5:17Councillor will send a copy and free sure into the jury or that destruction. Thank you. Maybe seated. What? All right. What is the session please be seated. We are on the purpose of the record. We return back to the matter. Commonwealth versus Lindsay Clancy. All parties have present excluded majority. All right. Councillor Cotty, I see you decide just for a second. All right. Your agenda. This question is not accepted. Please be seated. All right. Thank you, Madam Clerk. All right. Members of the jury, I know it's been a long day. So at this point, what I'm going to do is first off, thank you for your time, your commitment to this case. I'm going to ask you to come back to Maumoran, 9 o'clock, resume your deliberations. Remember my instructions. You all know them. And I will see everybody tomorrow morning. Okay. Thank you. Court, all right.

6:18Sure. Is there any leads? There's a person going to discuss the session. Can you see it? Anything we need to address, Councillor. All right. So we'll be in recess on this matter till tomorrow morning at 9 o'clock. Thank you. Court, all right. All right.