What Lindsay Clancy's Defense Filed That Could Prevent a Second Trial

Tony Brueski (0:01)

This is Hidden Killers Live with Tony Brueski and Robin Drake.

Tony Brueski (0:08)

All right, let's go to another section. Now that the jury has been dismissed, the real battle in the Lindsay Clancy case is moving behind closed doors between DA Tim Cruz and Defense Attorney Kevin Reddington.

We're going to be breaking down the legal maneuvering happening right now behind the scenes. Bob Motta is with us to help us do that, along with Robin Drake, retired FBI special agent. Bob, okay, we've talked about the issues with the juror, and I'm sure that's probably maybe influencing something, somewhat of what's going on behind the scenes here. Is it, or is this kind of like, it's an issue, it's getting a lot of attention, but at the end of the day, in terms of pulling levers and mechanisms of benefiting Lindsay Clancy, which is Reddington's interest, doesn't really affect any of that, or not, I don't know. So behind the scenes, what's happening with Reddington and Cruz at the moment?

Bob Motta (0:58)

Who knows?

Tony Brueski (1:00)

From your best guess.

Bob Motta (1:03)

They could be having conversations.

If I'm Reddington, I'm going to him and I'm making this plea. I'm like, look, it was 11 to 1, like it or not, we know what the count is. And just so people understand, jurors are not supposed to do that. There is a reason that we are not supposed to, these lawyers and the judge in that courtroom are supposed to know the count.

Because it creates this issue. If we were all sitting here and had no idea what the count was and we were just speculating and we had five jurors come out and they weren't saying what the count was, but they said, well, you know, yeah, I was NG for lack of criminal responsibility. And we heard from five of them, but we don't know what the other seven had done. We'd be saying, well, it could have been six.

That's the problem. Like the number is never supposed to come out for this exact reason. So now, if you're Cruz and you know what the number was, you're looking at it in one or two ways. One, either we scrap entirely how we tried that case, which I think that they would need to do anyway. And two, you have to be realistic because not only do you know the count, but you know what the temperature is out in the world. And this is a very divisive case. You have people on both sides of it. And what he has in his community where it matters is the same thing. And if you're in, it's the same shit we've been saying about, I said from the get-go, from the get-go, they are never going to be able to impanel a jury that will get this thing done ever. I don't give a if they tried a million times. It's always going to come back as a mistrial because people are just dead set on the way they feel about it. And there's no changing their mind sitting in a courtroom for six weeks. They don't give a shit. You know what I mean? So if you're Cruz, let me finish the thought. If you're Cruz, you've got to be thinking about that part of it too. Right? Like, you have to.

Robin Drake (3:07)

And that's my question.

Well, I looked up his track record. He typically, for his last 25 years, he does not come out with a statement right away. He usually waits before going for retrial. He's always going for the highest degree possible, trying to go for first degree if possible. And he will retry. That's his track record. Like, everything we're seeing is not unusual from what he's done in the past.

Bob Motta (3:28)

Yeah. Well, I mean, if you're him, if he's smart, he's going to say, all right, I'm going to drop the M1 and I'm going to go M2 on it. Because what that does is it allows them, them being the defendant, to go with a bench trial. Because there you're not getting a mistrial.

There you're going to get a verdict.

Tony Brueski (3:50)

Is that the least black eye option for Cruz at this point? Of trying to just, let's get this thing wrapped up. Because if we go to another trial again, it's going to be the same shit show all over again with a different cast of characters.

Is that the quiet, let's exit stage left after the matinee is done option?

Bob Motta (4:11)

Yeah, I think it's the path of least resistance.

If you don't want to have a case that you're going to try spending the taxpayers' money over and over and over again in order to try to get this thing that, again, I don't give a shit what people on the internet say. I really don't. What I care about is the victims that survived it, meaning the family of those beautiful little kids who were killed. They don't want this trial happening.