Trial Day 27 - Deliberations Continue

This one is outside of the lead, you see that?

What morning you want to mayor per se? Yes, please. We're on the people of the court.

“We have the matter of Commonwealth versus Lindsey Clancy, Ms. Clancy is present.”

She is represented by attorney Kevin Rattington. The Commonwealth is represented by Assistant District Attorney Jennifer Spray. And Assistant District Attorney Shannon Pockingham. Good morning. Good morning, Council. Good morning, Ms. Clancy.

All right, so we ready to bring the jury in? Good, all right, further. Hey, hey, hey, hey. All of our students have anything to do before the office. Please help me.

Yes, this is the spirit of the court. I'm sitting in the court. I'm sitting at the court with all of us. Draw me a degree of attendance and shall be here. I'm sitting at the court with all of us.

Good morning, you're not in the agency. Yes, please. Your honor, President, people of the court. We have 12 deliberating jurors and six of us are present in the matter. Commonwealth versus Lindsey Clancy.

Ms. Clancy is present. She is represented by attorney Kevin Rattington. And the Commonwealth was represented by Assistant District Attorney Jennifer Spray. And Assistant District Attorney Shannon Pockingham. Thank you, Madam Clerk. Good morning, everyone.

I'm just going to ask you those questions and ask you to be turned to deliberations. So first question is you all in the hall.

“Is any member of the jury red scene heard or heard?”

Well, over or anything from any source that would affect your ability to be fair and impartial to your. Last, these are any other serious matter concerned. Bearing on your services adjourn in this case. That they may need to bring to my attention. All right.

So with that, again, thank you as always for following those instructions.

I'm going to ask you to resume your deliberations. Thank you. I also think we need to address this time. All right. We'll be in recess on this matter.

Thank you. All right. All right. All right. Thank you, Madam Clerk.

Good afternoon, everyone.

“I just wanted to go over a couple things.”

It's afternoon.

First off, I want to remind you that you are required to follow my instructions on the law as I gave them to you.

All right. I also want to at this point go over the instruction that I gave you about reasonable doubt. All right. And so, reasonable doubt. The burden is on the Commonwealth to prove beyond a reasonable doubt that the defendant is guilty of the charges made against her.

What is proof beyond a reasonable doubt? Well, the term is often used and probably pretty well understood that it's not easily defined. Proof beyond a reasonable doubt does not mean proof beyond all possible doubt. For everything in the lives of human beings is open to some possible or imaginary doubt. The charges prove beyond a reasonable doubt.

If, after you've compared and considered all of the evidence, you have in your minds an abiding conviction to a moral certainty that the charge is true. And we refer to moral certainty, we mean the highest degree of certainty possible in matters relating to human affairs based solely on the evidence that has been put before you in this case. I've told you that every person is presumed to be innocent until they are proved guilty and that the burden of proof is on the prosecutor. If you evaluate all the evidence and you still have a reasonable doubt remaining, the defendant is entitled to the benefit of that doubt.

That doubt and must be acquitted. It's not enough for the comal to establish a probability, even a strong probability that the defendant is more likely to be guilty than not guilty. That is not enough. Instead, the evidence must convince you of the defendant's guilt to a reasonable and moral certainty. The certainty that convinces your understanding and satisfies your reason and judgment as jurors who are sworn to act conscientiously on the evidence.

This is what we mean by proof beyond a reasonable doubt. All right. And with that, I'm going to ask you to resume your deliberations. Or all right.

All right. Thank you. I appreciate that.

I appreciate the fact that you're allowing us to be heard in public rather than at the side by the jerk.

The court has an instruction from a four person of that juror that's been working for a week now saying that there's one juror who refuses to listen to the law that you've given him or her on reasonable doubt. And I suggest, respectfully, that the soft instruction that you gave them saying, at the side by, can you listen to the law as I instruct you does not focus on the issue. It is the question is not sufficient enough. It does not allow any foundation for a motion to remove the juror who refuses to accept your instructions on the law on reasonable doubt.

And if we come back here in a half an hour with a mistrial because of the because of the juror that has just spurned the instructions of this court. It's a shame. It's a real shame.

“And that's why I object to the courts rolling.”

I request that we have further inquiry.

I request that my motion is to remove this juror that refuses to listen to your instruction on reasonable doubt.

Come on. Thank you, Your Honor. We have the note from the jury. There's no way to determine what the deliberations are. Who's correct, who's incorrect, nor should we attempt to because that's part of deliberations. I think what Your Honor has done by asking each juror if they're able to follow the law.

And then giving a general instruction on reasonable doubt is appropriate under Commonwealth versus Ralph. So we do not have an objection to what the questions or the re-instruction. All right. Well, I'm sure as parties understand, as they say, the discharge of deliberating juror is a sensitive undertaking.

“I was just specifically responding to the specific question that was asked.”

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 other. At this point, I've asked if they are able to follow my instructions. According to the floor earlier that they could, they've said to that at this point that they can. That was specifically addressed towards the specific question. And that's what I'm doing.

So the defendant's objection is noted and we will be in recess on this at this time. Thank you. All right. All right. You ready to the jury?

Yes. All right. Council, we're ready to jury. Yes, Judge. Thank you.

Go ahead. All right. Go ahead. All right. All right.

We'll get to know everybody. What I'm going to do is excuse you until tomorrow morning at 9 o'clock. All right. And then I'll speak to you at that point at tomorrow morning. So remember the instructions I've given you over and over again.

That's still away from any coverage about this talk about this case. And I will see everybody tomorrow morning. Okay. All right. Here we go.

Here's the session. All right.

“Anything we need to address before tomorrow morning?”

All right. So we'll be in recess until tomorrow morning. What? All right. What's in the recess until tomorrow?