Lindsay Clancy Trial Ends in MISTRIAL as Jury Remains Deadlocked with One Single Holdout Juror

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**Megyn Kelly** (1:00)
Welcome to The Megyn Kelly Show, live on SiriusXM Channel 111 every weekday at noon East.
Good afternoon, everyone. I'm Megyn Kelly. Well, I guess it's still morning. Welcome to our live feed. Apologies for the disheveled appearance. I actually tried to get some exercise in which was a mistake, because, of course, the jury came back in the Lindsay Clancy case. And so now I am fresh off of the exercise. Anywho, as predicted, the jury is officially hung, and the judge has declared a mistrial. However, right now the declaration is stayed, as Kevin Reddington has asked to apply for an immediate appeal to the higher appellate court. And the judge has given him one hour to do that. And then he will come back into the court, and we will see what this judge does. So they're in recess for one hour, while Kevin Reddington goes up to a higher court and tries to get them to reverse this judge's decision, declaring a mistrial. I want to bring in our legal panel. Dave Aronberg is back with us, Ashleigh Banfield and Mark Geragos.
Guys, you have a very sweaty host. So I'm going to let you take it over, and you be the sweaty ones, rhetorically speaking, and react to this news.

**Mark Geragos** (2:24)
It's very interesting, because I wondered why he didn't do this. They have this court in Massachusetts, I personally, as a defense lawyer, love it, where you can press pause, basically call a timeout, and go to the appellate court, and one justice can weigh in. And the reason I love it is you don't have to wait for a full-scale appeal, so to speak, or do them. It's essentially an inner locatory, meaning a writ action.
I think in the next hour, you may see something, because one of the things that frustrates judges about mistrials is judicial efficiency, having to redo something, and that's why they generally try to break the logjam, either through a dynamite instruction or anything else. So I wouldn't get back on your exercise bike or your elliptical just yet, because I think something happened in the next hour.

**Ashleigh Banfield** (3:24)
So, and by the way, I was outside.

**Mark Geragos** (3:26)
There's no mistrial. I was outside.

**Megyn Kelly** (3:27)
That's the problem.

**Ashleigh Banfield** (3:28)
There's no mistrial declared.

**Megyn Kelly** (3:29)
What?

**Ashleigh Banfield** (3:30)
He jumped in and said, before you declare a mistrial, I want to raise this issue, this appellate issue on a number of issues that have transpired, not just on the 11 to 1, or during the juror, whether the 2E records has been read twice. He wants to actually open the whole red basket of issues.

**Megyn Kelly** (3:49)
The judge said, I'm going to declare a mistrial at this point. Kevin Reddington asked if he could not do that while he filed this emergency appeal. Kevin asked if he could have until tomorrow to get the appeal filed, and the judge told him that you've got one hour.
He's going up.

**Mark Geragos** (4:07)
Go ahead, Mark. So, Megyn, Ashleigh's point is important. If the, and I think David's the same in Florida, if he had declared the mistrial, excuse the jurors, that's it. You can't reconstitute it.
By delaying pressing pause right then, he now will be able to go, my guess is, I haven't seen if he's applied. I don't think he's made the application yet. I think he's going to zero in on a hearing on, he previewed it yesterday. He's going to zero in that this judge needs to do a hearing based on the note that this juror is not complying with the law. That is the little niche where the Massachusetts law is that if you're not following the law and that's what the note says, that this juror has a doubt but will not apply reasonable doubt, then there has to be further questioning. If there is further questioning and they remove the juror, then they restart the deliberations.