Lawyer Alan Dershowitz argued Lindsay Clancy’s “excellent” lawyer still has a “few rabbits up his sleeve” following a judge declaring a mistrial in her murder case.
Dershowitz joined Charlie Hurt on Fox & Friends Weekend on Saturday and laid out the options defense attorney Kevin Reddington still has before him, though Dershowitz noted a simply “not guilty” verdict is not in Clancy’s future. He argued a plea bargain is more likely than another trial.
He said:
I think the very likely result is one way or another she’s going to a mental hospital for the criminally insane. She will be confined until she is no longer a danger to herself or others. That could be a year, that could be two years, that could be five or 10 years. So I think the likely legal result here will be a plea bargain because what turns on this is more the reputations of the lawyers on the prosecution side and the defense side than the reality for Lindsay Clancy. Lindsay Clancy is going to get confined one way or the other. Now, her excellent, excellent lawyer still has a few rabbits up his sleeve.
A Sept. 29 hearing was set by the judge following Reddington being given a chance to ask for an emergency stay from a higher court, which was denied.
The jurors told the judge repeatedly they could not come to a unanimous decision. Reddington said one juror was the holdout.
Clancy strangled and killed her three young children, ages eight months to five years, and tried to commit suicide, leaving her paralyzed from the waist down. Her defense has argued she was suffering from postpartum psychosis at the time of the murders.
Dershowitz argued that Reddington has a few options in trying to implement a double jeopardy standard. He could interview jurors and make an argument that the judge was wrong for not polling jurors during the trial.
He can interview the jurors, he can find out whether or not, in fact, that one juror failed to obey the law. For example, what if the evidence shows the juror said, look, I know there’s an insanity defense and I know the judge has instructed us, but I’m not going to find anyone not guilty who killed three children. If that were the come out of the interviews, he’d have a strong case that the judge was wrong in not polling the jury or substituting a new juror. He might be able to argue double jeopardy. That’s unlikely, but he’s going to try everything because he’s a really creative, excellent lawyer.
“I think we’re either going to see a trial way in the future or a plea bargain, and a plea bargain would, I think, satisfy justice. A hung jury is part of our system. It’s not a proof of the system failed,” he said. “The American public is deeply divided. Not 11-1 but probably, you know, 55-45 or 60-40 as to whether she should be found not guilty by reason of insanity of guilty. She’s not going to be found just not guilty. That’s not an option.”
Plymouth County District Attorney Timothy Cruz said this week after the mistrial that he would make no firm declarations on pursuing a new trial until the next hearing.
Watch above via Fox News.
The post Alan Dershowitz Says Lindsay Clancy’s ‘Excellent’ Lawyer Has ‘a Few Rabbits Up His Sleeve’ first appeared on Mediaite.
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