Lindsay Clancy Case

17,683 Views | 273 Replies | Last: 4 days ago by historian
Forest Bueller III
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"Reasonable doubt is what YOU think reasonable doubt is."

That is a part of your rights as a juror. Also, no matter what you have a right to vote your conscience.
Oldbear83
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El Oso said:

It's not gossip. It's public records. They show lied on the form. Had he admitted the truth, he would have been struck.

You're right, I haven't seen the other 11, but Boston10 (NBC affiliate) has seen all of them for selected jurors. They're only reporting an issue with this one. And one is enough to have a problem no matter who it is.

You are just digging a deeper hole.

And by the way, I am not an expert on Massachusetts law, but in every state I know about, if it turns out you did have a juror that was unacceptable and you find out after the process is done, what you have in that case is a mistrial, just where you are now.

I get it that you really want to persecute this guy for not going with the mob, but you are not going to be able to change the outcome of the case that way.

Really do not understand why you are so determined to have the murderer go free, but some people are just plain evil.
El Oso
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I'm not following the logic of no nurses on the jury. A jury of your peers is defined as an impartial group of ordinary citizens from your local community. Age, citizenship, residency, criminal history, language and literacy, mental capacity, and recent jury service are the only automatic disqualifiers I am aware of.

Maybe you can point out where career is on the list. If a matching career were a deal breaker, you have to believe the prosecution or defense would have dismissed them for cause. It is my understanding that applies to an unlimited number of people as long as clear bias can be established.




Forest Bueller III
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El Oso said:

It's not gossip. It's public records. They show lied on the form. Had he admitted the truth, he would have been struck.

You're right, I haven't seen the other 11, but Boston10 (NBC affiliate) has seen all of them for selected jurors. They're only reporting an issue with this one. And one is enough to have a problem no matter who it is.

So, an impartial jury of your peers, would include multiple nurses, multiple leftist activist, which were obviously on the jury since they made it about women's health care rights and went to the media virtue signaling, and jury members who outside of their expertise, gave extra judicial testimony during jury deliberations.

I see about 6 jurors who should have never been chosen on the Clancy side, and one juror who was a holdout who very likely should not have been chosen either.

You have to be kidding about Boston 10 NBC, I have been watching their coverage for weeks, they are VERY biased in favor of Clancy.
El Oso
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I haven't challenged his decision at all. I have challenged his right to be on the jury based on evidence we now have. Evidence that indicates he committed the crime of perjury to be on the case.

Go back through the thread. I predicted a mistrial. I was way off on the jury split though.
Oldbear83
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El Oso said:

I haven't challenged his decision at all. I have challenged his right to be on the jury based on evidence we now have. Evidence that indicates he committed the crime of perjury to be on the case.

Go back through the thread. I predicted a mistrial. I was way off on the jury split though.

Again, you are obsessing on just one juror, and are apparently fine with him being persecuted for not going along with a mob.

That's hypocrisy, collusion, and extortion you are endorsing, sir.

El Oso
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I don't live in Boston, so I don't know the reputation of Boston10. I know the story they reported and other news agencies are now running with it which seems to indicate it is factually correct. This juror has a criminal history and he lied about it.

As I noted, and you ignored, there are unlimited challenges for cause as long as bias can be shown. Both sides agreed on this jury, so it seems it represented her peers in their opinion.

That said, both sides now know they were lied to by at least one juror about their ability to serve on that jury.
El Oso
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Show me any posts I have made where I condone the people pressuring him. The only thing you may have is the judge rereading the definition of reasonable doubt. I know at least one poster said that was pressure. I don't see that as pressure because all jurors were reminded of the instruction. I watched the rereading. I saw nothing that indicated one person was being persecuted. Outside of that, you will find nothing from me that condones mob behavior in this case.

Yes, if there is a case against him for plagiarism, I would be for charging him with perjury. If he's guilty, Massachusetts calls for a financial penalty of no more than $2,000.

Produce the other jurors forms. If we have his, we definitely have theirs. If they lied, let's get them too.
Oldbear83
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El Oso said:

Show me any posts I have made where I condone the people pressuring him. The only thing you may have is the judge rereading the definition of reasonable doubt. I know at least one poster said that was pressure. I don't see that as pressure because all jurors were reminded of the instruction. I watched the rereading. I saw nothing that indicated one person was being persecuted. Outside of that, you will find nothing from me that condones mob behavior in this case.

Yes, if there is a case against him for plagiarism, I would be for charging him with perjury. If he's guilty, Massachusetts calls for a financial penalty of no more than $2,000.

Produce the other jurors forms. If we have his, we definitely have theirs. If they lied, let's get them too.

' Show me any posts I have made where I condone the people pressuring him.'

You are the one here who is obsessed with going after this one man. You have shown no interest at all in any of the other jurors, which makes you a hypocrite.


'The only thing you may have is the judge rereading the definition of reasonable doubt. I know at least one poster said that was pressure. I don't see that as pressure because all jurors were reminded of the instruction.'

I notice you have ignored my point about all the juries which voted as they pleased in the past. If anything, your point about the judge suggests he wanted to force the juries to vote according to his control and not their conscience and judgment, to which I suggest you and he are thugs.

'I saw nothing that indicated one person was being persecuted.'

Except that only his application is being attacked as dishonest, and no one else. That media and gossip-mongers have been doxxing the guy and trying to harass him for his time as a juror.

' Outside of that, you will find nothing from me that condones mob behavior in this case.'

Get serious! Every post from you in this thread since the verdict has been that you want the holdout punished and publicly harassed for daring to stand up to the mob. Everything you have posted has been in that vein.

' Produce the other jurors forms. If we have his, we definitely have theirs.'

Nice try, but it's not me who is in favor doxxing jurors or harassing them for their opinion. You may note that while I strongly disagree with the majority of those jurors, I have not been calling them names or demanding bad things happen to them, nor do I try to find reasons to spread gossip about their qualifications.

THAT is all your behavior, sir. You should be ashamed and take some time to think about your ethical standards on this case.






DAC
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El Loco likes boys
whiterock
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El Oso
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Oldbear83 said:

' Show me any posts I have made where I condone the people pressuring him.'

You are the one here who is obsessed with going after this one man. You have shown no interest at all in any of the other jurors, which makes you a hypocrite.


'The only thing you may have is the judge rereading the definition of reasonable doubt. I know at least one poster said that was pressure. I don't see that as pressure because all jurors were reminded of the instruction.'

I notice you have ignored my point about all the juries which voted as they pleased in the past. If anything, your point about the judge suggests he wanted to force the juries to vote according to his control and not their conscience and judgment, to which I suggest you and he are thugs.

'I saw nothing that indicated one person was being persecuted.'

Except that only his application is being attacked as dishonest, and no one else. That media and gossip-mongers have been doxxing the guy and trying to harass him for his time as a juror.

' Outside of that, you will find nothing from me that condones mob behavior in this case.'

Get serious! Every post from you in this thread since the verdict has been that you want the holdout punished and publicly harassed for daring to stand up to the mob. Everything you have posted has been in that vein.

' Produce the other jurors forms. If we have his, we definitely have theirs.'

Nice try, but it's not me who is in favor doxxing jurors or harassing them for their opinion. You may note that while I strongly disagree with the majority of those jurors, I have not been calling them names or demanding bad things happen to them, nor do I try to find reasons to spread gossip about their qualifications.

THAT is all your behavior, sir. You should be ashamed and take some time to think about your ethical standards on this case.



1. I'm not obsessed. I made exactly one post responding to RD2 and adding information we now know about the juror. Every response since has been to a poster challenging my position that this juror broke the law to get on the jury. I'm continuing the conversation. If I'm obsessed, you're obsessed because we seem to be the only two left here.
2. Juries are free to vote as they please. They should not nullify the law, but it happens. I think the OJ jury ignored the evidence. It happens. There's nothing that can really be done about it unless we change the constitution.
3. You're applying my quote about what happened in the courtroom to what's happening now. He was not persecuted by the judge is what I said.
4. Upon further research, we don't know the names of the other 11 jurors. Based on comments the three jurors publicly speaking have made and comments by the defense attorney in court (which he is absolutely allowed to do), it didn't take long for the news to figure out who he had to be. They ran a background check on that name. They found things that indicate he lied on his juror form. They published that information. We know three names because they are talking. Their records came back clean. There are still eight more names to go. They get released late this week. Run their backgrounds. If they lied on the jury form, go get them for prosecution too. They brought this on themselves by lying on a court document. You seem to want criminals punished, so I am a bit flabbergasted your criminal outrage does not apply to this guy.

My ethical standard is this, if someone broke the law and we can prove it, they should be punished.
Harrison Bergeron
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El Oso said:

It's not gossip. It's public records. They show lied on the form. Had he admitted the truth, he would have been struck.

You're right, I haven't seen the other 11, but Boston10 (NBC affiliate) has seen all of them for selected jurors. They're only reporting an issue with this one. And one is enough to have a problem no matter who it is.


How would you propose the government prove sanity?

How would you propose it prove a person did not hear a voice that compelled her to murder her three children?

How would you propose it was not possessed by a demon that actually killed the children?
Harrison Bergeron
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Oldbear83 said:

El Oso said:

I haven't challenged his decision at all. I have challenged his right to be on the jury based on evidence we now have. Evidence that indicates he committed the crime of perjury to be on the case.

Go back through the thread. I predicted a mistrial. I was way off on the jury split though.

Again, you are obsessing on just one juror, and are apparently fine with him being persecuted for not going along with a mob.

That's hypocrisy, collusion, and extortion you are endorsing, sir.




If the jurors are telling the truth, only the jurors who are nurses potentially violated the law. It sounded like they clearly violated the charge, but the tribal LWNJs don't care about truth only agendas.
El Oso
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Harrison Bergeron said:


How would you propose the government prove sanity?



Your second and third questions are irrelevant if I can prove the first. It seems pretty easy to me, but I am not a lawyer.

1. Provide proof of premeditation.
2. Provide proof of rational execution of the crime.
3. Provide proof of consciousness of guilt.
4. What are the conclusions of people who interacted with the defendant on a regular basis. This seems to be where the big problem with Clancy is. She was repeatedly seeking mental help. Those who knew her testified she was not sane.
5. Use forensic psychiatrists. Big disagreements between the prosecution experts and the defense experts from what I understand.
6. Use prior bad acts if allowed under the law. There were none to my knowledge.

Of the six, the government did maybe three in this case. That's reasonable doubt is it not?

11 states require the prosecution to do this and all of them have conviction rates against insanity defenses in lock step with the 35 states that do not (four don't allow the defense). I think the Constitution forces the government to prove you are guilty beyond a reasonable doubt, so I don't see the issue with what these 11 states do.
Oldbear83
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Your excuses now are counter to your posts from the last two days. The fact remains that you are obsessed with going after the holdout, and you won't admit that perhaps even to yourself, but it's absolutely true.
historian
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Exactly
“Incline my heart to your testimonies, and not to selfish gain!”
Psalm 119:36
Forest Bueller III
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El Oso said:

Show me any posts I have made where I condone the people pressuring him. The only thing you may have is the judge rereading the definition of reasonable doubt. I know at least one poster said that was pressure. I don't see that as pressure because all jurors were reminded of the instruction. I watched the rereading. I saw nothing that indicated one person was being persecuted. Outside of that, you will find nothing from me that condones mob behavior in this case.

Yes, if there is a case against him for plagiarism, I would be for charging him with perjury. If he's guilty, Massachusetts calls for a financial penalty of no more than $2,000.

Produce the other jurors forms. If we have his, we definitely have theirs. If they lied, let's get them too.

Multiple people lied as you also have to state you can come to an impartial decision. There were many who sided with Clancy who were very partial and walked in the door very partial. They obviously lied about that.
GrowlTowel
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El Oso said:

Oldbear83 said:

' Show me any posts I have made where I condone the people pressuring him.'

You are the one here who is obsessed with going after this one man. You have shown no interest at all in any of the other jurors, which makes you a hypocrite.


'The only thing you may have is the judge rereading the definition of reasonable doubt. I know at least one poster said that was pressure. I don't see that as pressure because all jurors were reminded of the instruction.'

I notice you have ignored my point about all the juries which voted as they pleased in the past. If anything, your point about the judge suggests he wanted to force the juries to vote according to his control and not their conscience and judgment, to which I suggest you and he are thugs.

'I saw nothing that indicated one person was being persecuted.'

Except that only his application is being attacked as dishonest, and no one else. That media and gossip-mongers have been doxxing the guy and trying to harass him for his time as a juror.

' Outside of that, you will find nothing from me that condones mob behavior in this case.'

Get serious! Every post from you in this thread since the verdict has been that you want the holdout punished and publicly harassed for daring to stand up to the mob. Everything you have posted has been in that vein.

' Produce the other jurors forms. If we have his, we definitely have theirs.'

Nice try, but it's not me who is in favor doxxing jurors or harassing them for their opinion. You may note that while I strongly disagree with the majority of those jurors, I have not been calling them names or demanding bad things happen to them, nor do I try to find reasons to spread gossip about their qualifications.

THAT is all your behavior, sir. You should be ashamed and take some time to think about your ethical standards on this case.



1. I'm not obsessed. I made exactly one post responding to RD2 and adding information we now know about the juror. Every response since has been to a poster challenging my position that this juror broke the law to get on the jury. I'm continuing the conversation. If I'm obsessed, you're obsessed because we seem to be the only two left here.
2. Juries are free to vote as they please. They should not nullify the law, but it happens. I think the OJ jury ignored the evidence. It happens. There's nothing that can really be done about it unless we change the constitution.
3. You're applying my quote about what happened in the courtroom to what's happening now. He was not persecuted by the judge is what I said.
4. Upon further research, we don't know the names of the other 11 jurors. Based on comments the three jurors publicly speaking have made and comments by the defense attorney in court (which he is absolutely allowed to do), it didn't take long for the news to figure out who he had to be. They ran a background check on that name. They found things that indicate he lied on his juror form. They published that information. We know three names because they are talking. Their records came back clean. There are still eight more names to go. They get released late this week. Run their backgrounds. If they lied on the jury form, go get them for prosecution too. They brought this on themselves by lying on a court document. You seem to want criminals punished, so I am a bit flabbergasted your criminal outrage does not apply to this guy.

My ethical standard is this, if someone broke the law and we can prove it, they should be punished.


Please stop trying to play lawyer and focus on the actual issue you have brought forth . . . Assume that the juror knowingly lied on his basic juror questionnaire, how does his past affect the case or the verdict? The only way to answer that question is to review the notes of the entire voir dire panel - at least the first 40 of them. Who didn't get put on the jury if this juror had been excluded? Was it that constructive worker? Was it high school teacher? Was it a military veteran?

The simple fact is you do not know and will never know if the outcome would have been any different. As such, this man should be left alone. The system worked as designed.

The ***** should be hung by her labials because she murdered three people. You give her deference but want to prosecute a juror for filling out his form incorrectly?

Murderer walks but a "liar" should be prosecuted? What is wrong with you?
El Oso
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GrowlTowel said:



Assume that the juror knowingly lied on his basic juror questionnaire, how does his past affect the case or the verdict?


It makes him an ineligible juror under the law which means the defendant did not receive a fair trial which is a major violation of her constitutional rights.

You seem to be okay with it because the jury hung. That's only one of three options. What about the other too.

Should a guilty verdict stand? Yes, she could appeal it, but it shouldn't have happened because the juror should not have been on the jury.

Would you be okay with this if the verdict was not guilty? My guess is no, but here you would have no recourse because of double jeopardy.

I am comfortable with none of the outcomes. An ineligible juror ended up on a trial. This should not happen. Defendants have rights, and courts must protect those rights.
historian
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Clancy juror says she wanted to pardon child killer to make the system "better for other women"

https://notthebee.com/article/clancy-juror-says-she-wanted-to-pardon-child-killer-to-make-the-system-better-for-other-women


This is what happens when people thinks it's ok to kill babies. The scary part is how banal such thinking has become.

"Woe to those who call evil good and good evil, who put darkness for light and light for darkness, who put bitter for sweet and sweet for bitter." Isaiah 5:20
“Incline my heart to your testimonies, and not to selfish gain!”
Psalm 119:36
Forest Bueller III
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El Oso said:

GrowlTowel said:



Assume that the juror knowingly lied on his basic juror questionnaire, how does his past affect the case or the verdict?


It makes him an ineligible juror under the law which means the defendant did not receive a fair trial which is a major violation of her constitutional rights.

You seem to be okay with it because the jury hung. That's only one of three options. What about the other too.

Should a guilty verdict stand? Yes, she could appeal it, but it shouldn't have happened because the juror should not have been on the jury.

Would you be okay with this if the verdict was not guilty? My guess is no, but here you would have no recourse because of double jeopardy.

I am comfortable with none of the outcomes. An ineligible juror ended up on a trial. This should not happen. Defendants have rights, and courts must protect those rights.

Looking as though another juror had a run in with the law. I can't imagine that one woman has never had a DWI as she seemed stoned in the interview. I don't think it was her, but someone else, but still. I sure, don't think 3 Nurses should have been on the jury either. They are as Tribal as it gets. If they answered they could come to an impartial decision, they lied as did the vast majority of the women on the jury.
Forest Bueller III
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historian said:

Clancy juror says she wanted to pardon child killer to make the system "better for other women"

https://notthebee.com/article/clancy-juror-says-she-wanted-to-pardon-child-killer-to-make-the-system-better-for-other-women


This is what happens when people thinks it's ok to kill babies. The scary part is how banal such thinking has become.

"Woe to those who call evil good and good evil, who put darkness for light and light for darkness, who put bitter for sweet and sweet for bitter." Isaiah 5:20

Yes, I was shocked when I saw that interview. They have lost the natural affection a human is meant to have. They are lovers of self as described in the Bible.

If that was my mother-in-law every visit with them would be fully supervised and there would be no overnight visits.
D. C. Bear
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El Oso said:

That's not how the law works.

Yes. She killed her kids. Nobody is denying that. The issue here is was she insane at the time of the murder due to postpartum psychosis. If the answer is yes, then she is not guilty by reason of insanity. If the answer is no, then she's guilty.


Not my wife, anyway.
Poor Mitch. Yikes.
Forest Bueller III
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"Voir Dire" To speak the truth.

Purpose
  • Ensures jurors can be fair and impartial.
  • Ensures witnesses are qualified and evidence is reliable.
  • Protects the integrity of the judicial process.
If you really believe these women qualified as jurors under the rules of Voir Dire, I can't help you.

Forest Bueller III
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D. C. Bear said:

El Oso said:

That's not how the law works.

Yes. She killed her kids. Nobody is denying that. The issue here is was she insane at the time of the murder due to postpartum psychosis. If the answer is yes, then she is not guilty by reason of insanity. If the answer is no, then she's guilty.


Not my wife, anyway.
Poor Mitch. Yikes.

Virtually everybody is temporarily insane when they murder. Could she conceive right from wrong is the question. By her actions, absolutely she could.
historian
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Forest Bueller III said:

historian said:

Clancy juror says she wanted to pardon child killer to make the system "better for other women"

https://notthebee.com/article/clancy-juror-says-she-wanted-to-pardon-child-killer-to-make-the-system-better-for-other-women


This is what happens when people thinks it's ok to kill babies. The scary part is how banal such thinking has become.

"Woe to those who call evil good and good evil, who put darkness for light and light for darkness, who put bitter for sweet and sweet for bitter." Isaiah 5:20

Yes, I was shocked when I saw that interview. They have lost the natural affection a human is meant to have. They are lovers of self as described in the Bible.

If that was my mother-in-law every visit with them would be fully supervised and there would be no overnight visits.

That's the only sane response to such craziness.
“Incline my heart to your testimonies, and not to selfish gain!”
Psalm 119:36
historian
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It was premeditated murder! She planned it out in advance and even sent her husband away so he could not stop her. The insanity argument is crazy in this case! Pun intended.
“Incline my heart to your testimonies, and not to selfish gain!”
Psalm 119:36
GrowlTowel
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El Oso said:

GrowlTowel said:



Assume that the juror knowingly lied on his basic juror questionnaire, how does his past affect the case or the verdict?


It makes him an ineligible juror under the law which means the defendant did not receive a fair trial which is a major violation of her constitutional rights.

You seem to be okay with it because the jury hung. That's only one of three options. What about the other too.

Should a guilty verdict stand? Yes, she could appeal it, but it shouldn't have happened because the juror should not have been on the jury.

Would you be okay with this if the verdict was not guilty? My guess is no, but here you would have no recourse because of double jeopardy.

I am comfortable with none of the outcomes. An ineligible juror ended up on a trial. This should not happen. Defendants have rights, and courts must protect those rights.

I appreciate your attempt at the Matlock moment, but let us put an end to it now. You keep stating the black juror was disqualified from serving on this jury that is wrong and is not supported by Massachusetts law.
Your claim is that he is disqualified because:

1. He was arrested in 2021.
2. He has an active restraining order.
3. He lied on the jury questionnaire.
(Posts 6, 7, 15 and 20 in this thread.)

To support your position, you cited the juror questionnaire, section 3. That section lists several boxes to check and then to explain any checked boxes. The boxes are: Been arrested, been charged with a crime, been convicted of a crime, been a crime victim, been sued, filed a lawsuit, been a witnessed in a case, been on a jury, been served with a court order, or sought a court order.

Those questionaries are not public records so to humor you, let us say he did not check a single box (but should have checked the arrested, been charged with a crime, and been served with a court order boxes and provided an explanation). Setting aside that lying requires an intent to deceive, let us assume he knowingly lied on his questionnaire.

Now, let us check what statutorily disqualifies a juror in Massachusetts (there are only 10):

The ten reasons for disqualification under Massachusetts law are:
1. Not a US citizen
2. Over the age of 70 and choose not to serve
3. Are under 18
4. Cannot speak and understand English
5. Have permanently moved outside the county
6. Are living outside the county and will not return within the year
7. Were convicted of a felony within the past 7 years, or are currently charged with a felony, or are currently in custody
8. Served on a jury within the last 3 years.
9. Physically or mentally incapable of performing jury duty
10. Primary caregiver for a disabled person in same household

Mass. Gen. Laws Ann. ch. 234A, 4;
https://www.mass.gov/info-details/trial-juror-instructions-and-information-brochure

Of note, being arrested is not disqualifying. Having an active restraining order is not disqualifying. Finally, lying on the juror questionnaire is not disqualifying.

The best your complaining can support is that the murder's attorneys did not have enough information about the black juror to perform an effective voir dire on him - that is on them. Nothing prohibited her attorneys from questioning him further about his Section 3 responses or non-responses.

Both the defense and the state accepted this slate of jurors after voir dire. Unless there was some objection that was made about this specific juror prior to the start of the trial - the defense waived this "error."

Please stop saying the black juror was disqualified from service or that he was ineligible. He was qualified. And as it turned out, he was the most honest juror on the panel.
FormerFlash
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The bigger issue with all of this, and it seems to always happen on these high profile cases, if that by glorifying the activism of some on the jury through public appearances and interviews, and demonizing the actions of another because he was in the minority (pun not intended) on the decision, we are incentivizing jury participation for all the wrong people and discouraging participation from the right kind of people.

This has been my argument about politics for years. It has gotten so ugly and so vile, only high level narcissists and scumbags are interested in pursuing office and most are really just pursuing power. Good people who in the past may have been genuinely interested in public service and making a positive difference in the world now aren't willing to subject themselves or their families to the ugliness that now permeates the media and partisan politics.

The 24 hour news cycle paired with social media may very well be the absolute worst thing to ever happen to the world.
Sic Everyone.
Harrison Bergeron
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El Oso said:

Harrison Bergeron said:


How would you propose the government prove sanity?



Your second and third questions are irrelevant if I can prove the first. It seems pretty easy to me, but I am not a lawyer.

1. Provide proof of premeditation.
2. Provide proof of rational execution of the crime.
3. Provide proof of consciousness of guilt.
4. What are the conclusions of people who interacted with the defendant on a regular basis. This seems to be where the big problem with Clancy is. She was repeatedly seeking mental help. Those who knew her testified she was not sane.
5. Use forensic psychiatrists. Big disagreements between the prosecution experts and the defense experts from what I understand.
6. Use prior bad acts if allowed under the law. There were none to my knowledge.

Of the six, the government did maybe three in this case. That's reasonable doubt is it not?

11 states require the prosecution to do this and all of them have conviction rates against insanity defenses in lock step with the 35 states that do not (four don't allow the defense). I think the Constitution forces the government to prove you are guilty beyond a reasonable doubt, so I don't see the issue with what these 11 states do.

I appreciate your answer. However, I still need some specifics:

1. Provide proof of premeditation.

What would be acceptable proof? Are you expecting an email from a killer saying "I'm planning to kill my kids?" My point is so much of premeditation is internal, i.e. how would you prove a suspect planned to kill her kids is she acts alone?

2. Provide proof of rational execution of the crime.

What is an example of what would prove this? What is a rational or irrational execution of a crime?

3. Provide proof of consciousness of guilt.

How would this be proved? What evidence would point to proof of consciousness?

4. What are the conclusions of people who interacted with the defendant on a regular basis. This seems to be where the big problem with Clancy is. She was repeatedly seeking mental help. Those who knew her testified she was not sane.

Do you think people that claim a suspect is insane but did nothing about it should be held liable?

5. Use forensic psychiatrists. Big disagreements between the prosecution experts and the defense experts from what I understand.

Fair, but I think one can pay an expert to testify to anything so kid of pointless.

6. Use prior bad acts if allowed under the law. There were none to my knowledge.

So one should have to demonstrate previously insane behavior? Trying to understand what you're arguing for here.

We can agree to disagree, but I will maintain it is impossible to prove a negative. I think it opens to door to "I heard a voice that made me kill my kids" which is impossible to prove or disprove. The Clancy case may be the most clear cut example of a pre-mediated murder yet somehow folks think she was insane.
El Oso
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I can't give you specifics. I don't have a specific case, and I don't know the specifics of the evidence in this case we've been discussing. You asked me how I would do it, and I laid it out.

I don't see it as proving a negative. I'm proving a positive. You are of sound mind and therefore responsible for what you did. 11 states see it this way as well, and their conviction rates in insanity cases are in line with the national averages of the states that put the burden on the defense. This seems to be an incredibly strong indicator the state is perfectly capable of proving what you say they cannot on a very regular basis.
El Oso
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GrowlTowel said:

I appreciate your attempt at the Matlock moment, but let us put an end to it now.

Those questionaries are not public records so to humor you, let us say he did not check a single box (but should have checked the arrested, been charged with a crime, and been served with a court order boxes and provided an explanation). Setting aside that lying requires an intent to deceive, let us assume he knowingly lied on his questionnaire.

Of note, being arrested is not disqualifying. Having an active restraining order is not disqualifying. Finally, lying on the juror questionnaire is not disqualifying.

The best your complaining can support is that the murder's attorneys did not have enough information about the black juror to perform an effective voir dire on him - that is on them. Nothing prohibited her attorneys from questioning him further about his Section 3 responses or non-responses.

Both the defense and the state accepted this slate of jurors after voir dire. Unless there was some objection that was made about this specific juror prior to the start of the trial - the defense waived this "error."


Outside of commercials on CBS, I am not familiar with that show.

You're right we don't know how he answered those questions. The form was not looked at by the news because they cannot see it. They figured out his name and ran a background check on him. All I know is any attorney worth their fee rejects him for cause since he has an active restraining order on him, which means whether he likes it or not, he is engaged in a legal matter.

You are also right that having an active restraining order does not automatically disqualify him, but under Massachusetts law (the part you left out), it does make it possible to challenge a juror for cause. The judge would hear arguments and then decide. So it is possible, one of the sides made an argument to dismiss him for cause and the judge denied it. It's also possible nobody tried to challenge for cause because he misrepresented that information (willfully or not) on his form so nobody knew that challenging for cause was a possibility open to them. Maybe we find out one day.

You're right that based on what we know right know, we can't prove he lied deliberately (if he lied). It might be worth trying to find out though. I imagine since the maximum punishment is $2k, the prosecution probably lets it go, even if they can prove it.

I have difficulty agreeing with the fact the defense waived this error. Voir dire is a fairly quick process. I've been through it about a half dozen times. I distinctly remember the last one each attorney was only given a specific amount of time (90 minutes each) to talk to nearly 100 potential jurors. Attorneys don't have time to do a full investigation on the pool. They also don't know an investigation (or more thorough questioning should be done) if they accept the form on its face. And since it is a sworn document, they may have seen no in that section in question and moved on.

And for this other juror who had a run in with the law (you didn't bring her up, but other posts did), if she lied about it on her form, she should be held accountable as well. If she admitted it on her form, that's on the attorneys for letting her through.



GrowlTowel
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El Oso said:

GrowlTowel said:

I appreciate your attempt at the Matlock moment, but let us put an end to it now.

Those questionaries are not public records so to humor you, let us say he did not check a single box (but should have checked the arrested, been charged with a crime, and been served with a court order boxes and provided an explanation). Setting aside that lying requires an intent to deceive, let us assume he knowingly lied on his questionnaire.

Of note, being arrested is not disqualifying. Having an active restraining order is not disqualifying. Finally, lying on the juror questionnaire is not disqualifying.

The best your complaining can support is that the murder's attorneys did not have enough information about the black juror to perform an effective voir dire on him - that is on them. Nothing prohibited her attorneys from questioning him further about his Section 3 responses or non-responses.

Both the defense and the state accepted this slate of jurors after voir dire. Unless there was some objection that was made about this specific juror prior to the start of the trial - the defense waived this "error."


Outside of commercials on CBS, I am not familiar with that show.

You're right we don't know how he answered those questions. The form was not looked at by the news because they cannot see it. They figured out his name and ran a background check on him. All I know is any attorney worth their fee rejects him for cause since he has an active restraining order on him, which means whether he likes it or not, he is engaged in a legal matter.

You are also right that having an active restraining order does not automatically disqualify him, but under Massachusetts law (the part you left out), it does make it possible to challenge a juror for cause. The judge would hear arguments and then decide. So it is possible, one of the sides made an argument to dismiss him for cause and the judge denied it. It's also possible nobody tried to challenge for cause because he misrepresented that information (willfully or not) on his form so nobody knew that challenging for cause was a possibility open to them. Maybe we find out one day.

You're right that based on what we know right know, we can't prove he lied deliberately (if he lied). It might be worth trying to find out though. I imagine since the maximum punishment is $2k, the prosecution probably lets it go, even if they can prove it.

I have difficulty agreeing with the fact the defense waived this error. Voir dire is a fairly quick process. I've been through it about a half dozen times. I distinctly remember the last one each attorney was only given a specific amount of time (90 minutes each) to talk to nearly 100 potential jurors. Attorneys don't have time to do a full investigation on the pool. They also don't know an investigation (or more thorough questioning should be done) if they accept the form on its face. And since it is a sworn document, they may have seen no in that section in question and moved on.

And for this other juror who had a run in with the law (you didn't bring her up, but other posts did), if she lied about it on her form, she should be held accountable as well. If she admitted it on her form, that's on the attorneys for letting her through.





1. Matlock moment refers to Andy Griffith and his ability to always find the evidence nobody ever thought to look for - often then proving his client was innocent. It is a joke in this context.

2. I left no part of the law out. I listed the only statutory disqualifying reasons that a juror can be excluded.

3. Strike for cause is and always has been on the lawyers and their ability to persuade the Court. The general basis is that the particular juror cannot set aside his or her own bias to determine the outcome based on the facts and the law. However, cause is really whatever the Court deems it to be.

I do not know how long each side had but I wager it was more than the norm. This is a capital case involving the murder of three children - each side would have been given plenty of time to question the panel, including this juror's lack of any response to Section 3. Something else to keep in mind, those questions on the questionnaire are not under oath, but voir dire is. Her lawyers should have done a better job and buttoned up each of the jurors prior to using their strikes.

In the end, all error as to any of these jurors was waived. Time to move on to another case.

Tune in next week when El Matlock Oso tackles the injustice of the tree used to hang Tasia Fortune in Mississippi.
Forest Bueller III
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I won't put the name of the Juror on here and it was years ago, but one of the women was charged with assault and battery and the charges ended up being dropped. Probably wouldn't have mattered anyway so it's not a big deal.
 
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