The jury in the Lindsay Clancy trial continues its deliberations Friday, with legal analysts predicting a potentially protracted process, potentially extending to days before a verdict is reached. According to WBZ-TV legal analyst Jennifer Roman, jurors are currently deliberating for three and a half hours after the prosecution and defense presented their closing arguments in Plymouth Superior Court. The case centers on the alleged murder of three children – 5-year-old Cora, 3-year-old Dawson, and 8-month-old Callan Clancy. The defense maintains Clancy was overmedicated and suffering from postpartum psychosis, while prosecutors argue she planned the murders and possessed the requisite knowledge of right and wrong. Roman stated, “I don’t think we’re seeing a verdict before Monday or Tuesday of next week.” Roman explained that jurors typically take a straw poll when they start deliberations, even though they aren’t technically supposed to, to gauge the leaning of the jury. Just by the sheer fact that they didn’t return [Thursday] at 4:20, Roman noted, they are not unanimous. Even if it’s not guilty by reason of insanity, it must be unanimous. Roman pointed out that jurors have to consider testimony from 85 witnesses in their deliberations, and “it just takes time.” She further elaborated that it takes a while for jurors to analyze and translate this extensive medical record, and the journals, into a cohesive understanding. The jury has five choices on their verdict slips. The least likely outcome is a straight ‘not guilty’ finding, Roman said, though it is legally required to be an option. If Clancy is found not guilty because of a mental illness, she will be required to continue staying at Tewksbury Hospital, where she’s been for the last few years. The state hospital and authorities will review her case every six months or so and decide whether or not it is safe for her to be released, according to Judge William Sullivan, who named an older woman as foreperson. Roman emphasized that jurors have to consider the gender disparity, “Sometimes I think that women can be harsher on other women and hold them to a higher standard.” But more women on the jury means some of them might relate to what Clancy went through, Roman said. She added that Presumably, some of them are mothers or grandmothers, and they may have had somebody in their life, including themselves, who may have suffered postpartum depression following a pregnancy or known someone who has and that could also color their perspective too. Jurors have five choices on their verdict slips. The least likely outcome is a straight ‘not guilty’ finding, Roman said. If Clancy is found not guilty by reason of insanity, she will be required to continue staying at Tewksbury Hospital, where she’s been for the last few years. The state hospital and authorities will review her case every six months or so and decide whether or not it is safe for her to be released, Roman said. Roman noted that the gender disparity ‘could work for either side, really.’ She said that sometimes, women can be harsher on other women and hold them to a higher standard, and that more women on the jury means some of them could relate to what Clancy went through, Roman said. Presumably, some of them are mothers or grandmothers, and they may have had somebody in their life, including themselves, who may have suffered postpartum depression following a pregnancy or known someone who has and that could also color their perspective too. Roman added that it’s not like Karen Read where there’s a lot of physical evidence they had to go through, and they have a lot of medical reports and notes and her journals. Although there’s not much of it, it’s going to take a while for them to get through it, and then they’re going to have to parse that out with the actual testimony. Roman concluded, “It’s not like Karen Read where there’s a lot of physical evidence they had to go through, and they have a lot of medical reports and notes and her journals. Although there’s not much of it, it’s going to take a while for them to get through it, and then they’re going to have to parse that out with the actual testimony. Roman said, “She’s acknowledged she did this,” and “It’s just a question of was she able to conform her conduct to the law at the time of the killings.” If Clancy is found not guilty because of a mental illness, she will be required to continue staying at Tewksbury Hospital, where she’s been for the last few years. The state hospital and authorities will review her case every six months or so and decide whether or not it is safe for her to be released, Roman said. Roman concluded, “I think that’s really why this case ended up going to trial was because nobody could guarantee her that she would be in the state hospital as opposed to a population in a prison if she pleaded guilty.” Roman added that “Maybe they don’t find that it was premeditated. Maybe they find that she was off, she was struggling, but she could still conform her conduct to the law, ” and that’s your manslaughter charge. I think it does give the jury a little bit more breathing room.” Roman concluded, “Even if she’s found not guilty by reason of insanity, she’s not walking.” The lesser charge of manslaughter could be a ‘compromise position’ for a jury that is struggling in its deliberations, Roman said. “Maybe they don’t find that it was premeditated. Maybe they find that she was off, she was struggling, but she could still conform her conduct to the law, ” she said. “That’s your manslaughter charge. I think it does give the jury a little bit more breathing room.””””””””””””””””””””””””””””””””
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Source: CBS News
