The Secret to “Sleeping Well”: A Response to Kevin Reddington

I was surprised to hear on a flight this week that Lindsay Clancy’s defense counsel, Kevin Reddington, had unleashed a torrent of criticism of my commentary on the trial, including suggesting we debate issues raised by his representation. I actually complimented Reddington’s handling through the end of the trial, until I felt he blew the summation to the jury. I was also critical of his motions to substitute a holdout juror with an alternate as running against the overwhelming authority in the area. However, what triggered Reddington was not my commentary on his trial performance, but what he did outside of the courthouse when he attacked the holdout juror. It was a repugnant and unprofessional venting by counsel who should be reaffirming the right of every juror to stand with their convictions against not just the other jurors but the world.

Reddington responded to my characterization of his conduct in front of the courthouse as “reprehensible” by calling my criticism reprehensible and adding, “maybe Jonathan Turley should check out the record before he makes his accusations.”

The “record” supporting this criticism is, in fact, his self-aggrandizing performance outside of the courthouse when he first said that the hung jury was “no time to gloat” and then gloated about how he “crushed” the prosecution in securing an 11-1 result.  Yet, my objection was not to chest-thumping. It was a tad ungracious but unfortunately not entirely uncommon. Rather, it was the targeting of the holdout that left me floored as a fellow criminal defense lawyer.

Reddington has previously lit up the courtroom (which was being aired nationally) with his attacks on the juror. Reddington only knew that the other jurors were unhappy with the juror and said that he refused to follow the law. That is a common complaint against a holdout juror. This case turned on the credibility of the defendant and almost visceral reactions to a case where three innocent children were strangled by their mother, who planned the killings by sending her husband on errands.

I was mildly critical of the courtroom attacks, but I give leeway to a defense counsel who is fighting zealously for his client in seeking an acquittal. It was taking that rage outside the courthouse that crossed the line for me.

Reddington slammed into the juror who was already identified as one of just three males on the jury. He knew the juror’s name would likely be disclosed in time, given the anger over the trial’s outcome.

We clearly disagree on what lawyers are expected to do in high-profile cases. This is not what I teach my students about the professional standards that govern our conduct as officers of the court. Most of those expectations are not directly enforced by bar or court proceedings. Rather, much of what we do is the result of self-regulation; seeking to reinforce the noble ideals of our profession.

Instead of reminding people that our system is based on this core belief in the right of any citizen to stand alone against the majority, Reddington shredded the juror as akin to a racist on the jury and declared, “I hope that guy can sleep well at night.”

Reddington knew that he was playing to the mob. District Attorney Tim Cruz had just been heckled on the steps by women who protested throughout the trial in favor of acquittal of Clancy, with one yelling how Cruz “only cares about the three children. What about the Mom?”

Frankly, in the aftermath of the trial, the two things that surprised me most were not the verdict, but the absence of an immediate apology from Reddington for his gratuitous attack on this juror and the failure of Judge William Sullivan to publicly rebuke him for his comments.

While our disagreement focuses on the attack on the juror, Reddington returned to his claim that what this juror did was itself unethical and contemptible. This juror was not convinced by his arguments, but Reddington suggests that no reasonable juror could have reached such a view despite many in this country who saw his client as a troubled murderer, but a murderer nonetheless.

There was a good-faith basis for taking that view even if most people would likely see Clancy as not responsible by reason of insanity. The standard is not whether Clancy was medically ill. She was clearly a deeply disturbed individual who failed to receive adequate mental health treatment. However, you can be suicidal and mentally ill and still appreciate the gravity of your actions.

The defense position was not unassailable. The long list of medications ignored the fact that only a couple of those prescriptions would likely contribute to psychosis and it was not clear how many pills Clancy actually took. She also had a fairly unusual case of postpartum psychosis in terms of the passage of time and said that she first heard a commanding male voice for the first time just before she killed her children.

Most importantly, Clancy took steps that showed planning and control of her actions, including researching how long it would take her misdirected husband to return. She spoke with him while he was building the crime scene on the telephone and kept him in the dark about her unfolding plans.

Would that erase reasonable doubt in the minds of most jurors? Probably not. As I stated before the trial, the chances of getting a unanimous verdict in this type of case are slim. This is a visceral case, which is why I was not surprised that the jury asked only to see a couple of pieces of evidence. The views of most people were baked into this trial before it began, and frankly, that may have been true for some of the jurors.

Reddington has every reason to exploit those feelings and play to doubts among the jurors. What he did not have license to do was target and ostracize the one holdout juror. Rather than taking the high ground, he immediately ran for the lowest common denominator among a nation of rage addicts.

Yes, that is indeed reprehensible. To paraphrase Mr. Reddington, it is the type of thing that would keep most of us up at night.

Jonathan Turley is a law professor and the New York Times best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

7 thoughts on “The Secret to “Sleeping Well”: A Response to Kevin Reddington”

  1. Criticism of Attorney Reddington aside- the juror did not stick to his convictions…the juror admitted reasonable doubt but in direct conflict with the Massachusetts Statute and the Judge’s instruction opted NOT to follow/abide by the law as written.

  2. If Reddington is not disbarred for his plainly unethical conduct, for the good of the legal profession, he should at least consider implementing the act of “sleeping well” by himself taking a “dirt nap.” It is possible that the murdering mom was overcharged because of her mental condition, but that does not justify Reddington’s scurrilous attack on the one “holdout juror.” Far from it ….

    1. Why? He shot his mouth off as any idiot would do and with spectacular results. He’s the darling of crazy females now. And the liberal contingent. Kudos for making an ass of himself.

  3. The only thing necessary for the triumph of evil is that good men do nothing.
    – attributed to Edmund Burke

    America needs good men more than ever to lead by example of the good, so that evil is shown its proper place, subordinate to the latter.

    Question 49. The cause of evil
    Article 3. Whether there be one supreme evil which is the cause of every evil?

    It appears from what precedes that there is no one first principle of evil, as there is one first principle of good.

    First, indeed, because the first principle of good is essentially good, as was shown above (I:6:4). But nothing can be essentially bad. For it was shown above that every being, as such, is good (I:5:3); and that evil can exist only in good as in its subject (I:48:3.

    Secondly, because the first principle of good is the highest and perfect good which pre-contains in itself all goodness, as shown above (I:6:2). But there cannot be a supreme evil; because, as was shown above (I:48:4), although evil always lessens good, yet it never wholly consumes it; and thus, while good ever remains, nothing can be wholly and perfectly bad. Therefore, the Philosopher says (Ethic. iv, 5) that “if the wholly evil could be, it would destroy itself”; because all good being destroyed (which it need be for something to be wholly evil), evil itself would be taken away, since its subject is good.

    Thirdly, because the very nature of evil is against the idea of a first principle; both because every evil is caused by good, as was shown above (Article 1), and because evil can be only an accidental cause, and thus it cannot be the first cause, for the accidental cause is subsequent to the direct cause.

    St Thomas Aquinas, Summa Theologiae, First Part, Question 49
    https://www.newadvent.org/summa/1049.htm

    NB: The “Philosopher” is Aristotle

  4. It seems Reddington is looking to the big time. No longer just an Massachusetts lawyer, he wants a press following – a national press at that. He wants accolades similar to the likes of Alan Dershowitz or yourself. However, he’s doing it in the style of a barroom fight, attacking, counterpunching, and throwing beer bottles, lately a couple at you.

    One observation I noted during the trial and the film clips on TV every day. I never saw him consult with his client, nor did I see him comfort her during her sobbing spells. He kept his strict distance. It was almost as though he was defending her while still disgusted by her crime.

  5. Reddington wrapped an exercise band around the neck of the judicial system of jury trials. He ought to be disbarred.

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