00:03:35.660Right. So with these women, it's like she is not guilty by reason of insanity.
00:03:41.200Lindsay Clancy, if she was operating, she killed her kids while subject to psychosis, which means a detachment from reality.1.00
00:03:47.860She thinks she's killing space aliens. She doesn't know she's killing her kids or she's subject to an irresistible compulsion, which would be like someone's walking by you in the kitchen and you just stab them for no reason.0.84
00:03:59.260like right you know but but all the evidence is inconsistent there was never any evidence of
00:04:04.860psychosis ever until she talked to a defense lawyer after killing her kid and they needed it
00:04:09.340for the defense then they found a doctor who apparently can go back in time and scan brains
00:04:14.140and say yeah i never examined her before but now i i'm just going to testify that she had psychosis
00:04:18.460when she killed her well how do they find these is this just if you pay a doctor enough money
00:04:23.340they'll say anything yeah there's like big fat books of experts you just open up the book and
00:04:27.100and you start calling people until they give you the answer you want,
00:09:03.020She had what are called intrusive thoughts, like, you know, I'm thinking about hurting myself.0.99
00:09:08.740But that's different than what they claimed later was a psychotic command voice, a voice telling you, kill the kids, kill the kids, like it's from outside your body.0.92
00:11:24.940So there's a couple of awkward things there, right?
00:11:27.020If you're in trial all day, you're sitting at that defendant's table all day as the defendant and you're doing it for weeks, your facial expression tends, you know, somebody says something and you smile and then it gets caught on a camera, right?
00:11:38.780We always tell defendants, you got to keep completely stone faced the entire time.
00:11:43.200You can have no, no facial expression at all because whatever facial expression you have is going to be the wrong one for somebody.
00:11:50.140The other question is him now saying she didn't do it.
00:11:53.520He had initially argued that this should really
00:12:43.140in the sense that when you claim self-defense
00:12:45.400as a justification for shooting a robber or something,
00:12:48.740you're not saying it wasn't me, I didn't do it,
00:12:51.260an alibi i was someplace else you're saying i did it i shot that guy right but i did it in justified
00:12:58.380self-defense okay so you're effectively conceding you're not confessing to a crime but you're
00:13:03.100conceding to the underlying conduct so is that for the next trial that's why he was saying
00:13:08.620is that because he's trying to get the next trial split basically uh well he's making the argument
00:13:13.820now because he's he's trying to get a certain outcome now he doesn't want to go to trial oh
00:13:17.740So what he's saying is, listen, when you made me combine these two phases into one,
00:13:23.720essentially I was obliged to concede that she was the one who killed the kids
00:13:28.900because otherwise the insanity defense doesn't make any sense, right?
00:13:32.140And I'm making both arguments in front of the same juror.
00:13:34.940But reality, if I could have bifurcated it, we would have fought on the elements of the murder first
00:13:39.740and only done insanity later if we had to.
00:13:43.120But you forced me to concede that she had done it.
00:13:46.500We don't really think she did it, uh, is what he's arguing now.
00:13:50.400And they're saying that he did some sort of malpractice. Is that true?
00:13:54.900Or I've heard that argument. I don't know the volition behind it.
00:13:58.240Maybe that he might, I mean, he helped docs that juror, the holdout juror.
00:14:01.740He helped docs. Well, he referred to him, he referred to him as him, for example.
00:14:06.540So there was only three dudes on the jury. Yeah.
00:14:10.000Um, and he knew the guy's name because the lawyers know,
00:14:13.880because they know the names when the juror's going through voir dire and then his wife started
00:14:18.220talking about the case the lawyer's wife starts talking about the case on social media and then
00:14:22.560somehow a journalist a local journalist gets the name of the juror it's like well where did it come
00:14:26.600from how did how did the local journalist get it maybe from kevin rennington i thought i don't know
00:14:31.240i don't think we'll ever know he he does some sketchy stuff i mean he's he's been a very high
00:14:37.060profile criminal defense lawyer in the boston area for decades but you know he's got like a couple
00:14:41.940million worth of IRS liens on his home for unpaid taxes, like 2.37 million. What is that? So he
00:14:49.040just hasn't paid taxes? He hasn't paid his taxes. The IRS has. Oh, okay. So they put millions of
00:14:54.600dollars in liens on his home. I just saw something that the juror was going to sue him for some sort
00:14:58.720of malpractice. And how, how was he trying to get the juror taken off? Like what, could you explain
00:15:04.800the part where like he said something trying to get the juror taken off or saying he wasn't
00:15:09.360following instructions. Right. So one of the women jurors sent out a note saying, hey, we have this
00:15:16.740one holdout. He says he has doubt about guilt, but he won't vote not guilty. And if you have
00:15:22.100reasonable doubt about guilt, you're supposed to vote not guilty. That's what you're ordered to do
00:15:25.820by the judge. Now, of course, there's a difference between doubt and reasonable doubt. Those are two
00:15:30.460different things. For example, as a jury, you never know with absolute certainty what happened
00:15:34.640in some event. You weren't there when it happened. So it's possible to have some doubt. You're not
00:15:41.200100% certain, but it's not reasonable doubt. It's not enough to acquit somebody. They conflate those
00:15:46.460two things, doubt and reasonable doubt, to make people not understand what's actually happening
00:15:50.260here. But they sent out that note. And if the note were true, if the guy had reasonable doubt
00:15:54.800and he was not voting not guilty, he was not following his oath as a juror. And that would
00:16:01.160have been a proper reason to remove him as a juror and replace him with one of the alternates who
00:16:05.560were still available. They were still around. Instead, what the judge did was said, well,
00:16:10.260I'm just going to call a mistrial. Massachusetts law says you shouldn't call a mistrial unless
00:16:15.120there's no alternative. There was an alternative. In theory, you could have replaced them with an
00:16:20.020alternate juror. The reason that matters is when you have your, we have a prohibition on double
00:16:26.400jeopardy in this country. If you're tried for a crime once, you can't be tried for it again.
00:16:31.160Obviously, she's been tried for it once, but there's a legal doctrine that says, under certain circumstances, that first jeopardy, the jeopardy from the first trial that would prevent you from being tried again, gets erased.
00:16:43.360For example, if you're convicted and you get a reversal of your conviction on appeal, they can try you a second time, even though you had a first trial.