Trial Day 27 - Deliberations Continue

0:00Full trial audio. Everything hurting court, no silences to skip. This court is now obsessed with lead. We see it. Good morning, Your Honor Mayor. Please say it. Yes, please. We're on the people of the court. We have the matter of Commonwealth versus Lindsay Clancy. Miss Clancy is present. She is represented by Attorney Kevin Rattington. Common Welfare's represented by Assistant District Attorney Jennifer Sprig and Assistant District Attorney Shannon Buckingham. Good morning, Your Honor Mayor. Good morning, Council. Good morning, Miss Clancy. Good morning, Your Honor. All right. So we ready to bring you to the jury and? All right, jury's in. Hey, hey, hey, all persons having anything to do before the other one. Believe in yourself. Justice and spirit court. As sitting in court, the thinnest floor of Commonwealth. Your Honor, may I give you a sentence and you shall hear it. God save the Commonwealth of Massachusetts. This court is now in session. Leave to be seated.

1:00Good morning, Your Honor. May I just say it? Yes, please. Your Honor, present people of the court. We have 12 deliberating jurors and six alphas. A present in the matter of Commonwealth versus Lindsay Clancy. Miss Clancy is present. She is represented by Attorney Kevin Rattington and the Common Welfare's represented by Assistant District Attorney Jennifer Sprig and Assistant District Attorney Shannon Buckingham. Thank you, Madam Clerk. Good morning, everyone. Good morning, Your Honor. I'm just going to ask you those questions and ask you to return to your deliberations. So first question is you all in the hall. Is any member of the jury red-seeing heard or heard or overheard anything from any source that would affect your ability to be fair and impartial to you? Yes, I'm sure. Last, last, these are any other serious matter of concern bearing on your services of juror in this case that would, that anybody needs to bring to my attention. All right. So with that, again, thank you as always for following those instructions. I'm going to ask you to resume your deliberations. Thank you. All right. All right.

2:02All right. Does anything we need to address at this time? All right. This will be in recess on this matter. Thank you. No, I see. We're going to be accessing the lead procedure. The other members of the committee are going to be in the process of not getting on the matter, common law process, Lindsay Clancy. All, how do you expect the present excluding the jury? All right. Councilor Clancy, same by your type of office. All right. The presenter is going to be seated. Your Honor, for the purpose of the record, present before the quote at 12 deliberating jurors and six often, it's in the matter of common law process, Lindsay Clancy, all other parties of present. All right. Thank you, Madam Clerk. Good afternoon, everyone. I just wanted to go over a couple of things this afternoon. First off, I want to remind you that you are required to follow my instructions on the law as I gave them to you. All right. I also want to, at this point, go over the instruction that I gave you about reusable doubt.

3:04All right. And so, reasonable doubt. The burden is on the commonwealth to prove beyond a reasonable doubt that the defendant is guilty of the charges made against her. What is proof beyond a reasonable doubt? Well, the term is often used and probably pretty well understood that what's not easily defined. Proof beyond a reasonable doubt does not mean proof beyond all possible doubt. For everything in the lives of human beings is open to some possible or imaginary doubt. The charges prove beyond a reasonable doubt if, after you've compared and considered all of the evidence, you have in your mind an abiding conviction to a moral certainty that the charge is true. When we refer to moral certainty, we mean the highest degree of certainty possible in matters relating to human affairs based solely on the evidence that has been put before you in this case. I told you that every person is presumed to be innocent until they are proved guilty and that the burden

4:06of proof is on the prosecutor. If you evaluate all the evidence and you still have a reasonable doubt remaining, the defendant is entitled to the benefit of that doubt and must be acquitted. It's not enough for the commultuous establish a probability, even a strong probability that the defendant is more likely to be guilty than not guilty. That is not enough. Instead, the evidence must convince you of the defendant's guilt to a reasonable and moral certainty, a certainty that convinces your understanding and satisfies your reason and judgment as jurors who are sworn to act conscientiously on the evidence. This is what we mean by proof beyond a reasonable doubt. All right. And with that, I'm going to ask you to resume your deliberations. Or I'll run for you. Third, that's right. What? All right.

5:06Here's a thanks for the call. On this one's session, please be seated. How's the go see the side by two minutes per second? All right. Thank you, Warner. I appreciate that. I appreciate the fact you're on it that you're allowing us to be heard in public, rather than at the side by the juror. The court has an instruction from the four person of that juror that's been working for a week now, saying that there's one juror who refuses to listen to the law that you've given him or her on reasonable doubt. And I suggest respectfully that the soft instruction that you gave them saying at the side by, can you listen to the law as I instruct you, does not focus on the issue? It is the question is not sufficient enough. It does not allow any foundation for a motion to remove the juror who refuses to accept your instructions on the law on reasonable doubt. And if we come back here in a half an hour with a mistrial because of a juror that has just spurned the instructions of this court, it's a shame.

6:13It's a real shame. And that's why I object to the court's role. I request that we have further inquiry. I request that my motion is to remove this juror that refuses to listen to your instruction on reasonable doubt. All right. Come on. Thank you, Your Honor. We have the note from the jury. There's no way to determine what the deliberations are, who's correct, who's incorrect, nor should we attempt to because that's part of deliberations. I think what Your Honor has done by asking each juror if they're able to follow the law. And then giving a general instruction on reasonable doubt is appropriate. Under Commonwealth versus Ralph, so we do not have an objection to what the questions or the re-instruction. All right. Well, I'm sure as parties understand, as they say, the discharge of a deliberating juror is a sensitive undertaking. I was just specifically responding to the specific question that was asked.

7:17I don't feel that it is proper for me to side with one side or the other of the deliberations. I don't feel it's appropriate for me to say, I agree with one juror or the other. At this point, I've asked if they are able to follow my instructions. According, they swore earlier that they could. They've said to that at this point that they can. That was specifically addressed towards the specific question. And that's what I'm doing. So the defendant's objection is noted, and we will be in recess on this at this time. Thank you. All right. All right. You ready for the jury? Yes. All right. Councilor Smith and juror. Yes, Judge. Thank you. Court, all right. Go ahead, Senator. I'm second. We continue. You're on a present before the court. We have 12 deliberating jurors and six awfulments on the matter.

8:20Commonwealth versus Lindsay Clancy. All of the parties have present. All right. All right. We'll get asked into everybody. What I'm going to do is excuse you until tomorrow morning at 9 o'clock. All right. And then I'll speak to you at that point tomorrow morning. So remember the instructions that I've given you over and over again. Stay away from any coverage about this. They'll talk about this case. And I will see everybody tomorrow morning. Okay. All right. The jury. Here's the next. The following response and session. Anything we need to address before tomorrow morning? All right. So we'll be in recess until tomorrow. All right. Court, stand in the recess until tomorrow.

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