Clancy trial holdout juror faced domestic violence allegation, records show

The lone holdout juror in the high-profile Lindsay Clancy murder trial was accused of domestic violence in September 2021, according to the Brockton, Massachusetts, Police Department. 

The police report says the juror's 13-year-old nephew called 911 after he said his uncle and aunt got into an argument. 

The report says that the juror, who has not been identified, allegedly grabbed his wife by the throat and threw her into a dresser.

The juror was subsequently charged with one count of domestic violence assault and battery. He pleaded not guilty.

The criminal charge was later dismissed, according to court records.

CBS News has reached out to the juror and his family members for comment, but has not yet heard back. CBS News is not publishing his name, as the court has not yet made the jury list public. 

CBS News Legal Analyst Caroline Polisi said the real issue here is whether the juror lied when filling out the juror questionnaire.

"The test is whether he made purposeful misrepresentations during the jury selection process. If he did, that's a crime," she said, adding that "an arrest is not an automatic disqualification for serving on a jury." 

The juror court questionnaires are sealed as part of the official court record.

"It's unlikely we will find out whether the juror made misrepresentations unless there is an official court-sanctioned inquiry," Polisi said. 

When asked what impact this could have had on this trial, Polisi said, "Typically this could be a reason to undermine a guilty verdict, but because in this case a mistrial has already been declared, it's unclear how this will affect the case moving forward." 

Clancy admitted to killing her three children, but jurors were not able to agree on whether or not she should be held criminally responsible. Several jurors and the defense attorney indicated the jury was split 11 to 1 in favor of finding her not criminally responsible due to evidence of her mental illness.

On Sept. 4, Judge William Sullivan declared a mistrial after the jury said it was deadlocked three times. 

District Attorney Timothy Cruz has not yet announced whether the state will be retrying Clancy. The next court hearing is scheduled for Sept. 29 at Plymouth Superior Court.