Lindsay Clancy returns to Plymouth court at 9amTuesday after a mistrial. Her attorney will seek a not-guilty finding, bar a retrial, and probe holdout juror.

On Tuesday, September 29, Lindsay Clancy will return to the Plymouth Superior Court in Massachusetts for the first time since the September 4 mistrial ruling. The hearing starts at 9am EDT on Tuesday.

Lindsay Clancy and her attorney Kevin Reddington at the Plymouth County Superior Court in Plymouth, Massachusetts, on September 4. (AFP)
Lindsay Clancy and her attorney Kevin Reddington at the Plymouth County Superior Court in Plymouth, Massachusetts, on September 4. (AFP)
Tuesday’s hearing will feature Lindsay Clancy’s attorney, Kevin Reddington, continuing to push for a verdict. The mistrial ruling came after the jury was split 11-1, and the holdout juror, Michael P. Desronvil, has received a lot of media attention. Meanwhile, Lindsay Clancy remains at the Tewksbury Hospital in Massachusetts.

Tuesday’s hearing will feature arguments from Kevin Reddington along three specific lines. One of those received a major setback on Monday, a day before Tuesday’s hearing.

We will take a look at the three key legal issues on the agenda for Tuesday’s hearing.

Lindsay Clancy and her attorney Kevin Reddington at the Plymouth County Superior Court in Plymouth, Massachusetts, on September 4. (AFP)

Tuesday’s hearing after the mistrial ruling will have three key purposes: a push for the Rule 25 motion, a double jeopardy motion, and a push for a court investigation into the lone holdout juror Michael P. Dresnovil for unwilling to acquit Clancy. In this article, we will take a look at each of them.

Rule 25 motion

The Rule 25 motion in Massachusetts law is defined as a “request for a required finding of not guilty.” Under it, Reddington will request that the judge acquit Lindsay Clancy, as the evidence presented by the prosecution is insufficient to keep Clancy convicted.

If Judge William Sullivan grants the Rule 25 motion, Lindsay Clancy would be free.

Double Jeopardy motion

Kevin Reddington is set to argue that the mistrial was not legally necessary and therefore that prosecutors should be barred from retrying her.

Demand for investigating the holdout juror

Kevin Reddington called for the court to probe Michael P. Dresnovil, the holdout juror, after allegations emerged around his conduct during the jury deliberations. It was alleged that Dresnovil lied during the jury selection.

Ahead of Tuesday’s hearing, there has been a lot of Wednesday on whether this motion will go through. Dresnovil’s attorney, Edward Paltzik, told Fox News that Judge Sullivan has agreed to delay the motion to investigate Dresnovil.

“The DA and Reddington consent to adjourn the motion to investigate Michael,” Paltzik said. “If Judge Sullivan signs an order today, much of it could be adjourned. Either way, a status conference is still likely. But the motion about Michael is likely not on tomorrow.”

However, Reddington denied the claim and said that the motion remains active. “Earlier today, both the government and I were contacted by a professional local attorney who represents Juror Doe,” Reddington said.

“That attorney requested — as any qualified counsel would — adequate time to review our motion and reply. As is professional courtesy, both the government and I agreed to continue this specific motion to a later date at their request.”

He said that the motion remains “active, fully alive, and is currently pending a ruling” and called claims otherwise “pure nonsense.”