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Lindsay Clancy Holdout Juror's Attorney Says Defense's Motion for Judge to Question Him 'Dangerous'
The defense says juror Michael Desronvil may have been untruthful during selection and may have used a phone or seen outside information during deliberations.
On Friday, defense attorney Kevin Reddington filed a motion asking Judge William Sullivan to investigate juror Michael Péguy Desronvil regarding his truthfulness during jury selection and alleged phone use during deliberations, seeking phone records from 8 a.m. to 4:30 p.m. on each jury day.
After nearly 40 hours of deliberations, Judge Sullivan declared a mistrial on September 4 when Desronvil refused to join eleven other jurors favoring acquittal by reason of insanity for defendant Lindsay Clancy, a former labor and delivery nurse.
Juror Nick Dargie told ABC News that Desronvil scrolled on his phone during deliberations while others spoke, though Desronvil disputed this in a September 18 statement, saying "I didn't have any doubts" and that he was cut off when presenting theories.
Desronvil's attorney Edward Andrew Paltzik condemned the investigation motion as "disgusting" and "a full-frontal attack on the U.S. Constitution" on Tuesday, warning it could create precedent for prosecutors and defense attorneys to investigate holdout jurors.
Legal analyst Terri Austin warned Monday that Reddington's motion risks discouraging future jury participation through privacy concerns, while Clancy's defense filed a separate double jeopardy motion on September 21 challenging the mistrial declaration, with both matters pending before September 29.