Trial Day 28 - Mistrial Declared

0:00Full trial audio. Everything hurting court. No silences to skip. School of justice. Please see it. Good morning, Madam. I can have your say yes, please. I'm going to be going to put. We have the matter of call. Of course, as Lindsay Clancy, Miss Clancy is present. She is represented by attorney Kevin Reddington. The commonwealth is represented by assistant district attorney Jennifer Sprague, an assistant district attorney, she had in Buckingham. All right. Good morning, everyone. Good morning, council. Good morning. I can morning, Miss Clancy. All right. So at the end of the day yesterday, it was a note that was sent in from the jury. And we put over to today to address it. Call the health, you had the opportunity to review that note. Yes, Your Honor. All right. I definitely had the opportunity. Yes, Your Honor. All right. And so I will hear from the parties. As to how each party suggests or requests ideal with that note.

1:08So I want to hear from the call. First. Thank you, Your Honor. I apologize for my voice. So, call. The commonwealth suggestion is that the jurors be instructed to return to their deliberations without any further instruction or order. The basis for that request is call. All versus Ronkey, R-O-N-C-H-I, 491 Mass, 284 from 2023. In that case, it's a similar situation where it's reported one juror is having issues with the other jurors. And it says in that case where reliable information comes to a judge suggesting a lack of impartiality, bias, extraneous influence, or inability to deliberate that there should be an individual wardier hearing regarding that. We don't have any of those circumstances here. There's no indication of a lack of impartiality or bias or extraneous influence and no indication of inability to deliberate.

2:10In fact, it's deliberated for a very long time in this case and very conscientiously. So, what we have here is a note that indicates a disagreement about how to weigh the evidence and that's deliberation. So, it's the commonwealth's position, especially considering the fact that Your Honor of Wadiard, each of the jurors yesterday, and they all said that they could follow your instructions. So, when you couple that with the requirements of Ronkey, I don't think an individual of Wadiard's necessary. If Your Honor does determine to do one, we would just ask along the lines of all the case law in this area, whether you williams, torres, string of cases, that the juror be instructed not to comment on the deliberations, and that the juror be told that he or she cannot be discharged unless a personal problem unrelated to their relationship with the jurors or their views on the case. Any attempt or any comments by the juror that tend to get into deliberations that Your Honor interrupt and remind the juror that we're not to get into that,

3:12and that questioning be ceased of the juror unless he or she indicates that there is a personal problem unrelated to the case of the relationships. All right, thank you. Defend it. Thank you very much, Your Honor. Appreciate the opportunity to argue this to you. A couple of points that occur to me. First of all, as your Honor is well aware, a defendant, any defendant in this courtroom or any courtroom in our country, is entitled to have a juror who is true to their oath, who will agree that they will apply the facts as they determine them to be proven beyond a reasonable doubt to the law, as given to them by you as a judge or any other judge. If a jury consists of people and is one person who is refusing to actually apply the law to the facts as determined for the law,

4:13for reasons that are not rising out of the case, but are personal to the juror's position regarding their review of their oath and how they should apply their oath. In other words, if it's personal to this individual, which I believe it is, based on the first question that you had, I have never seen a situation like this where a four person on the jury is so courageous as to speak on behalf of 11 jurors and indicate the jury number, which I will not mention, and I quote, has made statements acknowledging doubt but refuses to apply it to the verdict as the law states. Clearly, Judge, we have a person who under their oath stood in front of you yesterday when you did the individual of Wadiya,

5:18and according to this information under oath, looked you in the eye and lied. That juror told you that he would be able to apply the law to the facts as you asked them. And based on this note from this juror, it clearly and unequivocally indicates that they are basically 11 to 1, and this person will not apply reasonable doubt to the evidence to return a not guilty verdict. I would ask that the court would, and I know it's awkward, I'm familiar with the law, I know that we try to protect and preserve the sanctity, if you will, of the jury. We don't want to invade their deliberations, we want to keep that private. Obviously, that's a good thing to do. But when you have a situation where you have not won but two notes that clearly indicates that this individual has acknowledged doubt,

6:18but refuses to apply it to the verdict, he is as the law states. He is not being honest with you at the sidebar. I would go so far as to reluctantly say that the individual has made a false statement under oath to this court. There has to be an issue that is not arising out of deliberations in the facts of this case, but the individual is refusing to apply your instructions on proof beyond a reasonable doubt to allow that jury to return a verdict of not guilty. I just wanted to put on the record that the note does not indicate that this jury lied to your honor when responding. The note indicates that the parties disagree on what is reasonable doubt or what doubt is and how it should be applied. And we are in no position to judge if the 11 are right or the one is right, but there's no indication that the jury is intentionally trying to mislead the court or lie to the court.

7:20All right, thank you. Well, it is all three counsel are aware. The case law spells out the concerns that everybody has in a situation like this where it says the discharge of a deliberating juror is sensitive undertaking, fraught with potential error. It's to be done only in special circumstances with special precautions. The judge must take the utmost caution to avoid invading the province of the jury. That's what I'm concerned with in this point. And as even under the statute, during deliberations a juror probably may be discharged only for reasons personal to that juror having nothing whatsoever to do, nothing whatever I'm sorry to do with the issues of the case or with the juror's relationship with their fellow jurors. In this case here, I see no showing of the need for an inquiry of this particular juror. The note that we referring to the one from late yesterday afternoon indicates that the juror has says acknowledged doubt but refuses to apply to the verdict.

8:29The instruction that the SJC has suggested we give in regards to reasonable doubt and that both parties agreed to says the reasonable doubt does not mean proof beyond all possible. And so in reading that note carefully and strictly in the way that I have to before I possibly invade the province of the jury, that note does not indicate that this is a person who has refused to follow the law. And in addition, as the parties recognized yesterday, we brought all the jurors and including the juror who is at issue here and we asked, I asked whether or not those jurors could follow the instructions, including the instruction I just referred to. And all the jurors indicated that they could. This is not a case that there's any indication that the juror has refused to deliberate or has any reason is indicated that they would not follow the law or that they're physically suffering or there's no note from the juror that indicates that the juror cannot or will not be able to carry the judge.

9:50And so I'm going to continue to continue to do a further inquiry of this juror over the defendant's objection. And at that point, my inclination would be to bring the jury back. My thought would be though to remind them that it's their duty to accept the law as I give it to them and that they have to follow that law. And I think this is what I told them a week ago. They have to follow whether they like it or not. So I'm going to give them that instruction and remind them of that. I was just going to ask that the court also instruct the jurors or remind them that any future notes should not contain information about deliberation. A couple of things. Sure. The board of the Board of Law and Laws is that I have an objection to appreciate and I do have an objection and I am again citing Article 12 of the Sixth Amendment, the United States Constitution.

10:57This is beyond Massachusetts law. This is constitutional. It's a structural. I suggest respectfully defect in the procedure that we're engaged in. We're elevating form over substance and that's your own as ruling. I understand of objected. But I would ask that you not instruct the jury that they cannot indicate anything. And I understand why traditionally we tell jurors don't let us know what your division is or what your split is. But in this case, I'm concerned that if you do that, that for a person is going to feel that that is some type of that she violated something and might feel that your honor is kind of coming down on her and not to do that. And I think it's too delicate right now situation. And in addition, and finally, I would ask that you not just give them as I describe it yesterday, a soft inquiry where you listen to my instructions. I would ask that you specifically direct their attention to proof beyond a reasonable doubt and re-instruct them on that forcefully.

11:59Hey, this is Kevin. This is Joe and Nick Jonas from Hey Jonas. This episode of Hey Jonas is brought to you by the all new drink lineup at McDonald's. I don't have to tell you that there are already so many great drink options at McDonald's. But the new drink lineup, I mean, it takes things to another level. They've got delicious caffeinated refresher like the strawberry watermelon refresher crafted sodas like the Spriteberry Blast. And now the all new Red Bull Dragonberry Energizer. We're talking about a total game changer made with Red Bull. That's mixed with blue raspberry flavor and topped with freeze dried dragon fruit. Wow, McDonald's has given us a refreshing new boost for your day. And the Red Bull Dragonberry Energizer is arriving just as you're heading back to the dorms for the fall semester. It's got a boost of energy and a kick of flavor when you need it the most. You know, powering through those lectures and studying sessions, you're gonna need it. Kicking the afternoon slump or rallying for the weekend. Try one of the many new drinks like the Red Bull Dragonberry Energizer, also available with Red Bull Zero.

13:02Now at McDonald's. This is Ashley Akinetti from the almost famous podcast. You ever notice you and your spouse keep saying we need to get away, but you never actually plan anything. That was us until we did something fun and spontaneous. We went to resort pass.com. There are hundreds of hotel resorts, pools and spots and private beaches that you can enjoy. You can spend the day at a luxury resort, pool spa massage without booking an overnight stay. And listen, I may have only been like 15 minutes from home, but it felt like it was a whole different world. And I'm thinking this is exactly what I needed. So just go to resort pass.com, choose your resort, choose your day, luxury resort day passes start at just $1,500. Once you post your daycation, people are going to ask where you are. Go to resort pass.com slash almost famous and use the promo code almost famous to get $20 off when you spend $100. That's code almost famous at resort pass.com slash almost famous.

14:03Did you get a yesterday? Yes. You did a yesterday. You did it soft. You didn't do it forcefully. I'm asking maybe what it was for. What do you want me to do? Get a brass band. I read the instruction as written by the SJC. The fact that I perhaps didn't give it my full inflection. I'm sorry about that. I'm not an actor. I've just given the instructions. Well, my point judge simply is that you're kind of glossing over the issue. The issue is this juror will not according to that note apply the law of reasonable doubt. And that's why I've requested you know what I've requested. Right. I know my objection. But it just in case the records go I am specifically not glossing over this issue. I have thought about this issue long enough. I know the definitive jacks but the characterization that I'm glossing over it trust me. That's not the situation.

15:03I've been thinking about this for quite a while. So that's my that's what I'm going to do. I'm going to just give that instruction as they said that they have to follow follow my instructions. I'm not going to reiterate the reasonable doubt at this point. It may come to that again as we go through it. And I'll try and give this with more pizzazz than I gave yesterday I suppose. So with that we'll bring the jury back in and I'll ask the questions. I'll give those kind of that instruction and we'll send it back up. I have a nice thing to do before the other one. William Sullivan. Justice. The spirit of that sitting up with him for the long walk. Ronnie. You're judging. You shall be heard by the same. The final month of Massachusetts. This quote is down session. Please be seated. Yes, please. Your Honor, present before the quote we have 12 deliberating jurors and six alternatives.

16:06And the matter commonwealth versus Lindsay Clancy. Miss Clancy is present. She is represented by attorney Kevin running ten. And the first question is, is the first question is we all know is going to be. Is any member of the jury read seeing her or over or anything from any source. About this case it would affect your ability to be fair and impartial. The last question is, is the first question is, is the first question is, is the jury read seen her or over or over or anything from any source. The last question is, is there any other serious matter or concern bearing on your services a jury in this case. That anybody needs to bring to my attention at this time. Thank you. All right. So I did get the note yesterday. And one thing I would say if there is, if there are any notes in the future and I'm not saying there are, but if there are, just don't make sure we don't put down where everybody is numerically. Okay.

17:06But what I wanted to do was give you, go over one thing. I wanted to remind you, as I instructed you earlier, it's your duty as jurors to accept the law as I stated to you. You should consider all of my instructions as a whole. You may not ignore any instruction or give special attention to any one instruction. You must follow the law as I give it to you, whether you agree with it or not. The law that I'm instructing you on is the law that's been established by our legislature and our pellet courts. And it applies to everyone. And you must apply the law as I have instructed you that you have a copy of the instructions that I gave you. You should still have them back there with the jury. And with that, you may now resume your deliberations. Court, all right. The jury is the next. The law on this question session, please be seated. All right. Councilor Lee, we need to address it this time. No, you're on it. I'll defend it.

18:06One second, you're on it, please. No, thank you. Okay. All right. So we'll be in recess on this matter. Thank you, everyone. All right. The first time session, maybe you see it. The purpose of the record, we returned back to the matter. Commonwealth versus Lindsay. Clancy, all copies of present, excluding majority. All right. Councilor, have you seen the question? Yes, Your Honor. All right. Yes. All right. And the question is, it is with a heavy heart that we report, we are unable to come to a unanimous decision and will not be able to. My, well, let me ask what is the party's position in regards to that question? Your Honor, from the Commonwealth's perspective, since the two of you instruction has already been given, and then there was a legislative deliberation after that, I think that it would require Ms. Trial at this point. To be rate. And, you know, my understanding is that this court has the discretion to have the jury sent

19:07back for the second time. The first time that there was a report, we did not treat it as a report of deadlock. We did not instruct them under Tui. We did not give them soft Tui. We didn't give them anything. We just sent them back to deliberate. So technically, we have one report of deadlock that Your Honor gave the Tui Rodriguez charge to, I believe, under the statute, as well as the case law. This court has the ability to send the jury back. The fact that that jury for office and wrote very unusually, it is with a heavy heart that we are unable to come to a decision. Based on the earlier questions that we have, I think it would be a sound and a wise decision for this court to send it back under the law. Well, I would find that under case, that Matthew's case line statutory law, the jury did not ask to be sent back, which would be a possibility if they had requested it to be sent

20:11back to them. But under the statute in the case law, I don't feel I have any choice but to declare a mistrial. Well, I'd like to be heard, Your Honor. Well, that's why I asked you before. But go ahead. I just got that first one and get to the other one. So, Your Honor, I would suggest to the court that as we are pretty much all familiar with under Karen Reed versus the climate wealth, the Supreme Judicial Court through Justice Judges back in February of 25, held that under Rule 27B of the Massachusetts Rules of Criminal Procedure, quote, gives a trial judge discretion to require a jury to return a verdict for charges on which they have agreed before declaring a mistrial as it relates to, and again, I continue quote, judge may first require the jury to return verdicts on those charges upon which the jury can agree and direct that such verdicts be received and recorded. It was on further and I quote Rule 27D also permits the judge to poll the jury when a

21:15verdict is returned and before the verdict is recorded. However, the judge is not required to accept a partial verdict before declaring a mistrial. So I'm asking that the court would entertain a poll of the jurors as to whether or not there has been a decision on murder one, murder two, manslaughter, anything like that. And if that's the case, then I certainly would argue that double jeopardy is attached and those charges cannot be prosecuted again. All right. Come on. I would object to that, Your Honor, would go into the deliberations. I think we're in a different scenario here than the Reed case where I believe in that case they did reach a verdict of certain charges and not on others. But I think here where we've had a jury who's been deliberating for six and a half days, who's come back on multiple occasions saying that their deadlocked who've been given to me, I don't think anything else is required at this point other than the declaration of a mistrial, unfortunately. Well, over the defendant's objection, I'm going to declare mistrial at this point.

22:18All right, we'll be the jury in. Your Honor, while we're waiting for the jury to give me for raising this issue, I would ask that before you formally declare a mistrial that the court afford us the opportunity to take a tool of three appeal direct to the Supreme Judicial Court, single justice on this issue because of any number of issues that are of concern, others that have been addressed in the motions, the objections. But I further raised the issue of the American with Disabilities Act. I believe that this is a situation where there is a clear and present danger that this individual for some reason, what it is we don't know, but is taking a position that's intractable, regardless of proof beyond a reason. So I want an opportunity to take an appeal to the single justice if the court afford us that opportunity. Hey, this is Kevin. This is Joe and Nick Jonas from Hey Jonas. This episode of Hey Jonas is brought to you by the all new drink lineup at McDonald's. I don't have to tell you that there are already so many great drink options at McDonald's,

23:21but the new drink lineup, I mean, it takes things to another level. They've got delicious caffeinated refresher like the strawberry watermelon refresher crafted sodas like the spriteberry blast. And now the all new Red Bull Dragonberry energizer. We're talking about a total game changer made with Red Bull. It's mixed with blue raspberry flavor and topped with freeze dried dragon fruit. Wow. McDonald's has given us a refreshing new boost for your day. And the Red Bull Dragonberry energizer is arriving just as you're heading back to the dorms for the fall semester. It's got a boost of energy and a kick of flavor when you need it the most. You know, powering through those lectures and studying sessions, you're going to need it. Kicking the afternoon slump or rallying for the weekend. Try one of the many new drinks like the Red Bull Dragonberry energizer, also available with Red Bull zero now at McDonald's. This is Ashley Akinetti from the almost famous podcast. You ever notice you and your spouse keep saying we need to get away, but you never actually plan anything.

24:21That was us until we did something fun and spontaneous. We went to resort pass.com. There are hundreds of hotel resorts, pools and spots and private beaches that you can enjoy. You can spend the day at a luxury resort, pool, spa, massage without booking an overnight stay. And I may have only been like 15 minutes from home, but it felt like it was a whole different world. And I'm thinking this is exactly what I needed. So just go to resort pass.com, choose your resort, choose your day, luxury resort day passes start at just $1,000. Once you post your daycation, people are going to ask where you are. Go to resort pass.com slash almost famous and use the promo code almost famous to get $20 off when you spend $100. This code almost famous at resort pass.com slash almost famous. How much time do you need to do that? I'd have it files today and argue tomorrow.

25:22Saturday? They would do it on emergency. I mean, I could try to tell it's jury to come back tomorrow. I'm just trying to. I don't care. I don't care. The reason I'm asking it, I know, but as they're walking in, you're asking for this. I'm just trying to find out what it is that you're asking for. That's all. So you're asking for emergency stay at this point? Yes. And the jurors don't have to come back tomorrow. They can be told that they don't even have to come back if I lose the motion. But if I win the motion, then obviously they would have to come back to these days. If you want to go up and petition to the SGC for a stay, I'll give you an hour before we bring the jury back down. I think it's just a request for the stay of the declaration of the district. So I'll hold off for an hour and then we'll come back in in regards to that. Okay. All right. All right.

26:22What's the cause now in session? And you can see it. The purpose of the record, we return back to the matter. Commonwealth versus Lindsay Clancy. All potty, surprise and excluding the jury. All right. Council, it's my understanding that the S.J.C. issued their order that the emergency request for relief was denied and that the temporary stay is lifted. And so it would be my intention at this time to call the jurors back in and as I indicated to you before to declare a misdry. I understand you're under in the risk of incurring the wrath of the court. I'd like to raise an additional issue just for purposes of the federal law because this I believe constitutes a violation of the United States Constitution and the federal issue. The UNASC circuit which is the first circuit, when a jury reports through a four person that admit deliberation that a juror refuses to follow the law, the issue is handled under

27:28federal rules of criminal procedure 23b but the law itself that we're dealing with clearly indicates that a judge has the authority to excuse a deliberating juror for quote, good cause and quote and allow the remaining 11 jurors to return a valid verdict and or with the substitution of one of the jurors that have been waiting obviously as alternates. While the first circuit acknowledges that a juror's refusal to follow the law or instructions, constitutes good cause for dismissal that does in prose procedural issues as to how the court would navigate and which would require a hearing. The court standard is United States versus Sepulveda, SCP-ULVEDA for a circuit 1993. And in that case, Toronto which is significant precedent for a circuit address the underlying concept of nullification and where a juror refuses to follow the court's instructions.

28:29And in the Sepulveda case, the court held that while jurors possess a raw power to acquit for any reason, they have a significant duty and their duty requires them to apply the law as given to them by the court. If a juror abdicates this duty, it triggers the court's authority to intervene and the court would then have a procedure where you would inquire just like a hearing like we were suggesting that the court should have a hearing. So I would suggest you run of that clearly under the first circuit law, federal law as well as the argument for the court. Massachusetts law that we have a juror who has, according to the four person, is the only person who is basically holding out so to speak. And unfortunately, they're not holding out based on a good faith issue with the facts or with the law, but they're holding out as a result. That even though they have agreed and expressed doubt, they are refusing to apply the law as you have given it. So I would ask again that you conduct a hearing and understand that you're probably going

29:31to deny that. For reasons as I stated earlier this morning, that request will be denied. All right. So we ready to bring the jury in? Court, all rise, jury's entering. This question now answers if we can see it. Your right after the purpose of the record we returned. Present for the court, 12 deliberating jurors and six alternates in the matter of Commonwealth nurses, Lindsey Clancy, all of the parties are present. All right. Thank you, Madam Clerk. Welcome. All right. Members of the jury, at this point, I'm going to declare that the jury is deadlocked, and I'm going to declare a mistrial. All right. I just wanted to make a comment. And I'm kind of a history buff. And during World War II, Winston Churchill was the prime minister for England. When England pretty much stood against Nazi Germany alone. And so Churchill, oftentimes, had to talk to the citizens and say, let us brace for our

30:39duties. I always liked that phrase. And I thought of that phrase when all of you were agreeing to be on this jury. And you agreed to brace for that duty. And each one of you knew how long the case was going to go. You knew how difficult the case was going to be to listen to facts wise, but still you brace for that duty. And I just kind of wanted to oscillate. You know, I watched every day, day after day, week after week, all of you performing that duty that you braced for. And I just kind of wanted to let you know, I understood how hard everybody worked in this case, understood that you all gave everything you could, and probably more than you thought you could. And so on behalf of myself, I just want to thank you so much that you should be proud for what you did. You brace for that duty. You perform that duty.

31:39And I just kind of wanted to thank you, but half myself, in behalf of the Commonwealth of Massachusetts. Thank you so much. The only thing I am going to ask one more thing is that what I'd like to do is be able to come back and thank you personally. I'm going to have to talk to the council for just a couple of minutes. So if you can stay just for a couple of minutes, not to go over the deliberations, really like that, but just to thank you personally, again, for just an incredible commitment and dedication that each and every one of you showed here. So I just want to thank you so much, and with that, you're discharged. Thank you. All right. George, just a quick way. George, I'm next to the Court of Wisconsin Section. All right. And I think what I had said at the end of the evidence that just kind of wanted to echo again, I wanted to compliment all three council. I try like this so hard, so difficult.

32:42And so I just kind of wanted to thank the three of you for your efforts and regards to this. And so with that, if you talk, we should probably pick a status date, any where we are, a trial assignment date. I would ask. If possible to have this on for a hearing on a motion for required finding reconsideration, 25b21 Tuesday. And my request, assuming that you deny that motion, would be that we impanel the following Monday. That would require, I'm going to have to check my schedule. And also, so what I'm going to suggest, I understand that's the request. And my my thinking is to try it sooner rather than later, but I'm not sure that sooner. And it's a situation. I also have to check the trial court schedule, council schedule, witnesses schedule.

33:44But my thought would be to try this. If we could do it maybe sometime later in the fall. But why don't we pick a date, maybe a couple of weeks down the road so everybody could get their calendars together and kind of see where we go. All right. What about the 25b21? The motion for required finding reconsideration within five days. We can file it. We have the hearing within the five days. I'd like to, but I mean, I don't like to, but I, you know, maybe we could do it later in the week, maybe not Tuesday, maybe Thursday or so. Sure. And I'm going to be out of the state until the 22nd. All right. It was less its file. Um. Hey, this is Kevin. This is Joe and Nick Jonas from Hey Jonas. This episode of Hey Jonas is brought to you by the all new drink lineup at McDonald's. I don't have to tell you that there are already so many great drink options at McDonald's. But the new drink lineup, I mean, it takes things to another level.

34:46They've got delicious caffeinated refresher's like the strawberry watermelon refresher crafted sodas like the spriteberry blast. And now the all new red bull dragonberry energizer. We're talking about a total game changer made with red bull. That's mixed with blue raspberry flavor and topped with freeze dried dragon fruit. Wow. McDonald's has given us a refreshing new boost for your day. And the red bull dragonberry energizer is arriving just as you're heading back to the dorms for the fall semester. It's got a boost of energy and a kick of flavor when you need it the most. You know, powering through those lectures and studying sessions, you're going to need it. Kicking the afternoon slump or rallying for the weekend. Try one of the many new drinks like the red bull dragonberry energizer. Also available with red bull zero now at McDonald's. This is Ashley Akinetti from the almost famous podcast. You ever notice you and your spouse keep saying we need to get away, but you never actually plan anything. That was us until we did something fun and spontaneous. We went to resort pass calm.

35:47There are hundreds of hotel resorts, pools and spots and private beaches that you can enjoy. You can spend the day at a luxury resort, pool spa massage without booking an overnight stay. And listen, I may have only been like 15 minutes from home, but it felt like it was a whole different world. And I'm thinking this is exactly what I needed. So just go to resort pass calm, choose your resort, choose your day, luxury resort day passes start at just $1,000. Once you post your daycation, people are going to ask where you are. Go to resort pass calm slash almost famous and use the promo code almost famous to get $20 off when you spend $100. That's code almost famous at resort pass calm slash almost famous. You want to pick, we could do is pick that status date, trial assignment date. It actually then do the argument of the 25 rule 25. Okay.

36:50Maybe that week of the 28th. I'm supposed to have supposed to set a murder in pit spield. I'm hoping that that's going to be continued. So I would ask if it's agreeable with the court and counsel if we could have Tuesday the 29th. Come off. That's fine. So what do we do that 29th? Is that the at 2 o'clock? We're nine. Doesn't matter to me. Let's see nine o'clock. Why don't we see nine o'clock? We'd come in. We'll have the defendant right in. Yes, please. All set. And the matter of Commonwealth versus Lindsay Clancy, the Co-Octa Cleanse of Miss Trial, all prior bail orders remain in full force. In the fact, this matter is continued to September 29th, 2026 at 9 a.m. for status trial assignment in the rule 25 motion in a comment.

37:51No, I'm counsel. Thank you. Thank you. All right. Yes. Hey, this is Kevin. This is Joe and Nick Jonas from Hey Jonas. This episode of Hey Jonas is brought to you by the all-new drink lineup at McDonald's. I don't have to tell you that there are already so many great drink options at McDonald's. But the new drink lineup, I mean, it takes things to another level. They've got delicious caffeinated refresher like the strawberry watermelon refresher, crafted sodas like the Spriteberry Blast, and now the all-new Red Bull Dragonberry Energizer. We're talking about a total game changer made with Red Bull. It's mixed with blue raspberry flavor and topped with freeze-dried dragon fruit. Wow. McDonald's has given us a refreshing new boost for your day. And the Red Bull Dragonberry Energizer is arriving just as you're heading back to the dorms for the fall semester. It's got a boost of energy and a kick of flavor when you need it the most. You know, powering through those lectures and studying sessions, you're going to need it. Kicking the afternoon slump or rallying for the weekend.

38:54Try one of the many new drinks like the Red Bull Dragonberry Energizer, also available with Red Bull Zero. Now at McDonald's. This is Ashley Akinetti from the Almost Amidst podcast. You ever notice you and your spouse keep saying, we need to get away, but you never actually plan anything. That was us until we did something fun and spontaneous. We went to resortpass.com. There are hundreds of hotel resorts, pools and spots and private beaches that you can enjoy. You can spend the day at a luxury resort, pool, spa, massage without booking an overnight stay. And listen, I may have only been like 15 minutes from home, but it felt like it was a whole different world. And I'm thinking, this is exactly what I needed. So just go to resortpass.com, choose your resort, choose your day, luxury resort day passes, start at just $25. Once you post your daycation, people are going to ask where you are. Go to resortpass.com slash almost famous and use the promo code almost famous to get $20 off when you spend $100.

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40:58off when you spend $100. That's code almost famous at resortpass.com slash almost famous. Your path to pharmacy can be closer than you think. West Coast University's hybrid doctor of pharmacy program can be completed in as little as 33 months and no bachelor's degree is required to apply. If you've started pharmacy coursework elsewhere, WCU may accept eligible transfer credits to help students keep moving forward. Learn online, train hands on at our Center for Graduate Studies in Los Angeles and prepare for real world pharmacy practice. West Coast University as real as it gets visit west coast university dot edu WCU cannot guarantee employment.