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00:01:02.400Good morning, everyone. I'm Megan Kelly. It's Tuesday, September 1st,
00:01:06.5602026, and this is your AM Update. Reports of pink-clad jurors raising new questions about
00:01:13.460impartiality in the Lindsay Clancy murder trial. There was like a whirlpool in there with all the
00:01:19.160debris circling around, cabins and other equipment from the maintenance work site.
00:01:23.980Two dead, more hikers still unaccounted for after flash flooding turns the bottom of the Grand Canyon into a nightmare escape.
00:01:32.680A wave of new reporting from inside the Pentagon from concerns over the prolonged Iran operation to questions about what Pete Hegseth might do next.
00:01:42.200This drug is different. First, it's a pill. You take it once a day. And second, it's not a chemotherapy.
00:01:47.520A new way to fight one of the deadliest forms of cancer, the FDA approving a first-of-its-kind
00:01:53.340treatment for pancreatic cancer. All that and more coming up in just a moment on your AM update.
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00:03:04.320heard about Cozy Earth right here. Jurors headed home yesterday without a verdict in the Lindsay
00:03:11.760Clancy murder trial after roughly 17 hours of deliberations over three days. Clancy is charged
00:03:18.560in the January 2023 deaths of her three children at the family's Duxbury, Massachusetts home.
00:03:25.600She has pleaded not guilty with the defense arguing she lacked criminal responsibility
00:03:30.060because of severe mental illness. The jury now set to return this morning to continue weighing
00:03:35.920a five-week trial that included competing expert assessments of Clancy's mental state along with
00:03:41.520hundreds of exhibits, and extensive medical records. Two female jurors reportedly wearing
00:03:47.780pink as they deliberated Monday, the same color worn by many of Clancy's supporters
00:03:52.980waiting outside the courthouse each day. It is unclear if the outfit choice had anything to do
00:03:58.920with support for Clancy. Judge William Sullivan dismissing the panel yesterday afternoon,
00:04:04.240again reminding jurors to avoid coverage of the case and not discuss it outside the jury room.
00:04:10.080We spoke with the MK True Crime Show co-host Dave Ehrenberg,
00:04:13.980a former prosecutor who says the length of deliberations is not surprising in a case like this.
00:04:19.400I'm not surprised it's taken this long because it was a lengthy trial.
00:04:24.480The country is split on this and the jurors reflect the country.
00:04:29.460And that's why I would have been surprised if it was a quick verdict.
00:04:32.800But if it was a quick verdict, it would have been not guilty
00:04:35.040because the prosecution is going to have a hard time proving that top charge
00:04:39.680of first-degree murder or even second-degree murder.
00:04:42.920If jurors cannot reach a decision, Ehrenberg says,
00:04:45.500the judge does have steps to take before declaring a mistrial.
00:04:49.300The judge will order the jurors to go back in and continue deliberating.
00:04:54.480And then if they are hopelessly deadlocked, he'll then declare a mistrial.
00:04:58.160But the judge will twist their arms a little bit and say,
00:05:01.500you know, there's a certain charge you get,
00:05:03.480which is keep deliberating, and then eventually they'll give in.
00:05:29.140And even though involuntary manslaughter is not a perfect charge here as far as if she had a severe mental incapacity to know the difference between right and wrong and could not control her behavior, then she should not be found guilty of either of the crimes of either murder or manslaughter.
00:05:54.940She should just be found not guilty by reason of insanity.
00:05:57.140But the jurors are likely going to feel that the crime was so horrific that perhaps there should be something more than a not guilty verdict.
00:06:06.380And if that's the case, then involuntary manslaughter is a good compromise.
00:06:10.980And for the prosecutors, even though it's not the charge that they had wanted, it could get Lindsay Clancy up to 60 years in prison.
00:06:19.640A mistrial would not necessarily end the case.
00:06:22.640Ehrenberg says prosecutors would likely assess the jury's split before deciding whether and on which charges to try Clancy again.
00:06:30.080The prosecutors will look at the vote and they'll say, is it 6-6? Is it 11-1 against us, 11-1 for us?
00:06:38.800And then make a decision. If the vote comes back 11-1 against the murder counts and 6-6 on the manslaughter counts, then I think they would try it again just on manslaughter.
00:06:52.100I don't think they want to just enter a losing race the next time around.
00:06:56.580They want to do something where they think they can win.
00:06:59.020And in this case, if they just get a hung jury, that is not necessarily the worst verdict in the world for prosecutors who for, I mean, at least for a couple of weeks, seem to be on the wrong side of this, at least on court public opinion, because it did seem like the defense lawyer had gotten the best of them until the closing arguments.
00:07:22.100As for those reports of jurors wearing pink,
00:07:25.100Ehrenberg cautions against drawing a firm conclusion from one day's clothing.
00:07:29.940You're not supposed to be wearing things that show where your mind's at in the trial
00:07:35.440or try to persuade people by what you're wearing.
00:07:39.380At the same time, it could just be an innocent explanation,
00:07:43.480and we'll see what they wear the next time.
00:07:46.920Jurors are supposed to just follow the evidence of the law,
00:07:49.300and they're not supposed to talk to people at home or anywhere.
00:07:52.100once they're on a jury about the case.
00:07:54.800They're not supposed to look at the news
00:20:29.760nearly twice as long as the 6.7 months for patients receiving chemotherapy.
00:20:35.120Those results significant for a cancer that remains extraordinarily difficult to treat.
00:20:40.480The American Cancer Society estimating roughly 67,500 Americans will be diagnosed with pancreatic cancer this year, and nearly 53,000 will die from it.
00:20:51.760Part of the problem, the disease often goes undetected until it is already spread, leaving patients with relatively few treatment options.
00:20:59.800Dr. Brian Wolpin, who led the trial behind the FDA approval, yesterday on Fox News putting the significance of the breakthrough into perspective.
00:21:08.880So I think it is a big deal for patients with pancreatic cancer.
00:21:12.340It's been very hard to find new treatments for patients with this kind of cancer,
00:21:17.020and it's a very aggressive cancer, so it progresses very fast.
00:21:20.800We have primarily had chemotherapy to use.
00:21:23.700IV medicines can have quite a bit of side effects,
00:21:26.540and that's really what we've had to treat the disease.
00:21:34.740It really tries to block a specific mutation in the tumor and therefore tends to have less side effects, better quality of life, and as you noted, really has helped people live longer who are on the trial compared to chemotherapy.
00:21:48.300Acting FDA Commissioner Kyle Diamantis calling Wednesday's approval a, quote, groundbreaking milestone.
00:21:55.100More than 2,000 patients reportedly already receiving RasenQ through an expanded access program Revolution Medicines launched in May.
00:22:04.140NBC News reports the drug will carry a list price of $39,800 for a one-month supply before insurance or other discounts.
00:22:18.440I'm Megan Kelly. Join me back here for The MK Show, live on Sirius XM's The Megan Kelly Channel, 111 at noon east, on youtube.com slash megankelly, and on all podcast platforms.
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