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. In the interview with Fox News reporter Bryan Llenas, Reddington even suggested that we meet and debate these issues. I wanted to briefly respond to Reddington’s criticisms.
I actually praised 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 had 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 presumptively anti-disability and akin to a racist on the jury. In front of the cameras, he 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 on the telephone while she was carrying out the plan and kept him in the dark about her intent to kill their children.
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.”
Venue shopping. How many people in South Carolina would have voted to free the four Lincoln conspirators? They were hanged within three months.
Reddington was out-of-line and now he’s proven thin-skinned. Age does that to you.
I find it ironic that Reddington took his anger out on one hold out juror when if it had been 11-1 to convicted he would have been praising that same juror. The fact ?that the other jurors said the holdout expressed he had REASONABLE DOUBT, in my mind is full of doubt about the truth of those self serving statements. The juror may have expressed he had doubts about her sanity, but may or may not have said it was beyond a reasonable doubt. Until we hear from that juror about his reasoning, and his actual statements, nothing said on this blog blaming the holdout juror has any validity.