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![🚨 ONE JUROR WILL NOT FOLLOW THE LAW. CAN A JUDGE CUT THEM? ⚖️
Sixth day of deliberations in the Lindsay Clancy trial, roughly 35 and a half hours, and the foreperson sent Judge William Sullivan a note. 📝
🗣️ Defense attorney Kevin Reddington told the court the note said there is “one juror who refuses to listen to the law that you’ve given him or her on reasonable doubt.” He called the judge’s earlier reminder a “soft” instruction and moved to have that juror removed.
⚖️ Sullivan questioned each juror privately, reread his reasonable doubt instruction, and refused. “I don’t feel that it is proper for me to side with one side or the other of the deliberations. I don’t feel it’s appropriate for me to say I agree with one juror or the 11.”
📘 The law is on his side. In Massachusetts a deliberating juror can be discharged, after a hearing, “only upon a finding of an emergency or other compelling reason.” G. L. c. 234A, section 39.
🔒 And under Commonwealth v. Connor, discharge is allowed “only [for] reasons personal to [that] juror, having nothing whatever to do with the issues of the case.” Illness. A family emergency. Not the view a juror has formed about the evidence.
🔄 Removal is also no shortcut: an alternate would be seated and the jury would have to start deliberating from scratch, and in Commonwealth v. Tiscione the SJC vacated convictions because a juror was cut for reasons that were not purely personal.
💬 From outside the room, a principled holdout and a juror ignoring the law look identical. That is exactly why judges almost never remove one. What would you have done?
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