**BREAKING** Killer Mom Trial: Judge Gives Defense 1 Hour Before He Declares MISTRIAL

0:00This is an I Heart Podcast. Guaranteed Human I survived nine months in captivity and I've spent my life exploring how other people survive what should have destroyed them. I'm Elizabeth Smart and these are the survivor files. Every week I'm with survivors who live through the unthinkable, abducted, stalked, controlled and nearly silenced. These are stories about what it takes to make it out alive. Listen to the survivor files with the Elizabeth Smart on the I Heart Radio app Apple Podcasts or wherever you get your podcasts. On the new podcast, Solita, we share the messy reality of traveling alone as a woman. I can wait four hours for the next bus or this random dude is offering the ride on his motorcycle. I choose option B. I'm Julie Pinero and I travel by myself because it's a rare space where I can say yes without asking anyone else first. I'm on a mission to reclaim the word Solita, trading the pity for possibility.

1:02Listen to Solita on the I Heart Radio app Apple Podcasts or wherever you get your podcasts. If you're a bookshelf and you're a for-you-page or equally important to your personality, welcome home. Pro Society is a weekly podcast that's part book club, part group chat for anyone who thinks pride and prejudice and love island deserve the same level of discourse. Each week we're connecting the dots between books, the internet and pop culture. With your favorite writers, book talk creators and plenty of overthought opinions. Yeah, I'm obsessed, so I'm obsessed. Listen to Pro Society on the I Heart Radio app Apple Podcasts or wherever you get your podcasts. Our hometown is not a test tube. 90 miles northeast of Nashville, a battle for the future of America plays out in one small town. Developers with right wing ties have purchased hundreds of acres of land. We need cities on a shining hill. This is our town, a podcast about what happens when a small town becomes the site of a social experiment and fights back.

2:05I guess you didn't move in on a bunch of dumb hillbillies now, did you? Listen to our town on the I Heart Radio app Apple Podcasts or wherever you get your podcasts. Didn't catch the latest Roland Martin unfiltered podcast. Here's what you missed. There should not be a single law enforcement agency that does not have body cameras. It's real. Black farmers have been under attack. This is just the latest example of them just slapping DEI on anything. It's raw. And I'm sitting here going. They are playing y'all for foals. Catch Roland Martin's daily commentary on the Black Information Network. And download Roland Martin unfiltered on the I Heart Radio app Apple Podcasts. Or wherever you get your podcasts. And if folks Friday, September 4th, a breaking and confusing situation in Massachusetts in the trial of Lindsey Clancy. A judge is ready to declare a mistrial. But he's giving it an hour.

3:05With that, welcome to this episode of Amy and TJ Roads. I have now never seen anything like this. The jury is deadlocked and has been. The judge came in and said I'm ready to declare a mistrial. This just happened within three minutes ago. But Roops, the mistrial hasn't been declared yet. Uh, no, because Kevin Reddington is still fighting. He is fighting against the judge officially calling this a mistrial. And he is asking. He initially asked if he could file a petition tomorrow Saturday to try and stop this mistrial. The judge was like, you want to call the jurors back on Saturday. So the agreement has been that now Kevin Reddington is filing something. He has an hour to try and stop the judge from declaring a mistrial. Okay, so the reason this came up is the judge, the jury, of course, came back. Deliberations. There are what hour? Roops 38, whatever. 39.

4:05Yes. That they're on right now. They have been deadlocked. So they sent another note in. So that is what everybody just collected again for here in the past several minutes. The note says, and I quote, it is with a heavy heart that we report. We have been unable to come to a unanimous decision and will not be able to. That's it. That's done. That should be a wrap. So the judge still robs. He let the prosecution speak on this. He let the defense speak on this. The prosecution quickly said, nope, we don't think you should send them back. Um, Reddington still was making arguments for why I think you should send them back one more time. Yes, because he said the first time the judge sent the jury back, it wasn't a formal charge. It wasn't a toee Rodriguez. It wasn't an Allen charge. And so it was kind of just like, yeah, just keep trying. So he's basically arguing that that didn't count. That the only time he officially charged the jury to go back and deliberate was when he issued the toee Rodriguez charge.

5:05So Kevin Reddington is claiming that the judge can still send the jury back one more time under Massachusetts law because of the way it was framed. If he was on technicalities that the judge wasn't buying, the judge said, nope, Statue doesn't allow me to do so. So the judge, these words came out of his mouth. I don't have any choice but to declare a mistrial. He said, I am going to declare a mistrial at this point. Now, nothing has been gabbled in and it's not official because the jury hasn't come in and they haven't been relieved. So ropes as they're sending for the jury. Kevin Reddington gets back up to start making this argument. And the judge even said, yeah, you're supposed to do that already. I got some more stuff here. So he gets up and starts making this argument, ropes, I've never heard of this before. He wants to now before a mistrial is declared. Go file an appeal. And apparently in Massachusetts, you are allowed to go appeal to one justice of their Supreme Court

6:08who could then give a last minute emergency stay and keep the mistrial from being declared. Robs, we are in a standstill for a mistrial. Babe, this is... I haven't seen this one. I have never even heard of this, let alone seen it. And this is the Friday before Labor Day weekend and he is somehow going to find a Massachusetts Supreme Court justice to hear his appeal. And the clock is ticking. The judge said, I will give you one hour. He said that at 11.30 p.m. Eastern time. That means if Kevin Reddington isn't able to make his case effectively to the Supreme Court justice in the next 55 minutes as of this recording, the judge is saying, I am going to declare a mistrial. Why would he give him this much discretion? I'm surprised. And he speaks to this relationship that these two have.

7:10Because frankly, I've never seen an attorney and a judge speak to each other that the way they have. And it's been fiery, it's been tense, it's been argumentative. And the judge has not called out, Kevin Reddington. He hasn't called him or even suggested that he's in contempt of court, but certainly with the way he's been behaving, it would have been justifiable for a judge to get really pissed off at a defense attorney acting this way, throwing his papers down yesterday, yelling in open court. And now stopping the judge as he's about to make a declaration. The judge didn't have to stop. He heard him out again. He heard him out again when he didn't have to. Robs, they're talking to each other. You just made me think of it. They talk to each other like brothers. They're arguing, but it's never necessarily fighting, but they're arguing and they're bickering, even poking at each other a little bit at times.

8:11Today, the judge was giving it back. Robs, this idea that he said, what I want you to do is hold off on the mist trial so I can file a motion. And the judge said, what are you going to do that? When are you going to do it? He said, I'll file it. Get a file about today. They can hear it tomorrow. And even we're all, it's a holiday weekend. You're going to go before a judge and argue something on a Saturday. And then to that point, Robs, if you lose, I have to bring the jury in here on a Saturday to declare a mist trial. That's not going to work. So he got a no way. Finally, just say, you got an hour, dude. I'm surprised he gave him that. So he is looking, Kevin Reddington is looking, I'm surprised to, by the way, for an emergency stay on the judge's order for a mist trial. And then what Kevin Reddington wants, if he gets this emergency stay, let's just say he finds a justice who will grant him this. Then he's talking about hauling these jurors back in on Tuesday, or do they have to go back and deliberate right now?

9:18Oh my God. Would the judge then have to give another to E. Rodriguez charge to the jury and have them go back again this afternoon? Obviously, if they came back again and said we cannot reach a consensus, then he would absolutely declare a mist trial. But what is going to change? I guess I know Kevin Reddington is fighting for Lindsey Clancy, but we have seen this jury. It seems as though the majority, and certainly the four person has done everything in her power. And we don't know what's going on behind the scenes, but clearly they have tried to get the judge to even be stoner or be more forceful in how he is describing what this juror needs to consider. And the juror has heard it all, certainly feels the pressure and is refusing to change his verdict. After seven days, Robes, this is somebody's not going to change. They've been, you know, they've been ganging up on this person for a while, you would assume. And if they, after seven days, how long before this person cracks, I just don't think at this point they will.

10:25So I don't understand what Kevin Reddington thinks is going to change between now and three hours from now and four hours from now. What he's trying to get. So this case for all intents and purposes is over. It just hasn't been gabbled and made official. He is trying to have an emergency stay which stops the judge from declaring this mistrial. And I guess then, Robes, he's going to then take his case for getting this juror kicked off to someone else. Robes, doesn't it now? Okay, now at what point I go back to this juror. It feels like we are now manipulating an outcome because somebody doesn't like it. Like we did this. We tried this. You didn't change your mind. We did this. You didn't change your mind. Now we're going to do something else until we get this one juror off this jury because we don't like something. Robes, I got a problem with that. This is our system. They're supposed to have the right to do this for whatever reason. Like it, love it, hate it. They've now another step to once again target this juror. We're going to keep going until we get this person off so we can get the verdict we want because we don't think they're whatever.

11:36Robes, I would be shocked, but I've been shocked all the way through this case. As a Supreme Court justice there going to step in and say, yeah, I see enough here. Stop everything. I don't know. I don't know what Kevin Reddington's relationship is with any of the Supreme Court justice. Probably a good one, given. But he obviously has had a decades, decades, decades long career there in that state and probably knows a lot of folks. I don't know how much personal relationships come into this. I don't know how much just the legality of this. If it's just cut and dry, if there's a black and white answer, the judge seems to think that there is not a reasonable, I guess, motion here where you would have been. Justifiable reason to stop him declaring a mistrial. The prosecution is supporting the mist trial. The judge was. It seemed as though he was about to gavill it in. Robes, he used these words. I'm going to declare a mistrial at this point. He said that in open court today.

12:37And Kevin Reddington starts waving his hands and stops. Robes, I don't know. They say it's our justice system. This is how it works. But Robes, I know this isn't this isn't about being on one side or another. Robes, what do we? This is what we, it just seems crazy that this one person we keep focusing on them because they keep saying we don't like how you're going about your job. Even the judge is saying the person has the right to do it the way they're doing it. All of that said, perhaps it is also our legal system doing what it's supposed to do, allowing this one hour period of time to transpire to give the defense one last opportunity to have a higher court look at what's been going on in that courtroom. That way the judge can feel like he gave the defense every single opportunity to pursue they have the rights to appeal.

13:40They do. That's the thing we are stopping the process because a judge is saying one thing an attorney is saying another and the attorney is winning. The judge could have stopped this a bunch of times. I don't, I don't get it to but it the clock is literally at this point ticking on this trial. On the new podcast, Solita, we share the messy reality of traveling alone as a woman. I can wait four hours for the next bus or this random dude is offering me a ride on his motorcycle. I choose option B. I'm Julie Pinero and I travel by myself because it's a rare space where I can say yes without asking anyone else first. I'm on a mission to reclaim the word solita trading the pity for possibility. Every time I tried to be alone, I kept meeting people and they were like, you smile good, that's not a lot of people smile around here.

14:40It's when you're alone that you're most receptive to the world as it is and not the lies you're sold about it. It can be a time where you push your limits, change your mind or wake up to a new version of yourself. So whether you're a solo travel veteran or you're too nervous to book your first trip, I hope you listen to Solita on the iHeartRadio app, Apple podcasts or wherever you get your podcasts. If you're bookshelf and you're for you page are equally important to your personality, welcome home. This is pros society, the weekly podcast that's part book club, part group chat for thought daughters, pop culture obsessives and anyone who thinks pride and prejudice and love island deserve the same level of discourse. I'm Eli Rallo and every week we're connecting the dots between books, the internet and the conversations everyone can't stop having. I'm going to have to look up this story. I'm obsessed. From bestselling authors and your favorite book talk creators to the latest pop culture moments, nothing is off the table.

15:41So like if you can hide some real messages inside compelling characters and that is a Trojan horse, whether you're looking for literary deep dives, smart pop culture conversations or a community of readers who love to think a little too much, you're in the right place. Listen to pros society on the iHeartRadio app, Apple podcasts or wherever you get your podcasts. See you between the pages. When I was 14 years old, I was kidnapped and health captive for nine months. I survived and I've spent my life exploring how other people survive what should have destroyed them. I'm Elizabeth Smart and these are the survivor files. I just remember this low taunting voice next to my ear saying shut up, don't say anything. Every week I'm with survivors who live through the unthinkable. I knew if he woke up without a doubt he was going to hurt me. I started feeling that there was someone at the end of my bed and I just started screaming.

16:46They are abducted, stalked, controlled and nearly silenced, but these aren't stories about what's taken from them. Their stories about what it takes to make it out alive. Listen to the survivor files with Elizabeth Smart on the iHeartRadio app, Apple podcasts or wherever you get your podcasts. Our town is small taters by most standards, right? But to the people who grew up here, it's everything. What happens when a quiet Tennessee town becomes the front line in a battle over the future of America? Developers with right wing ties have purchased hundreds of acres of land in the area. The first thing you see when it pops up is high nears and apple etchum, but they weren't just planning houses. We need cities on a shining hill that exemplify and embody the Christian way of life. Stop right there. Is that normal? A podcast about what happens when a small town becomes the site of a social experiment. God need that to rule! Great! And decides to fight back.

17:47Do not use my hard work to sell your bulls**t. They're not just opposing what's being planned for here. Our hometown is not a test too. They feel like they're standing in opposition to an entire administration. Guess you didn't move in on a bunch of dumb hillbillies now, did you? Listen to our town on the iHeartRadio app, Apple podcasts or wherever you get your podcasts. Didn't catch the latest Roland Martin unfiltered podcast? Here's what you missed. And the argument is, do you want to win? If you don't win, you have no power. It's real. Those are the very people who I always say vote against their own economic interests and they complained about the very thing they were seeing. It's raw. I knew that the issue of transgender athletes was not going well with a lot of black men. Roland Martin unfiltered. I went off. I said this is exactly what I'm talking about. Y'all go scream at Chanel, but you don't want to see a black luxury company in the same bag.

18:52Catch Roland Martin's daily commentary on the black information network. 12 seats. Those are moving south. So if you Democrats, you don't wait to 23. You better be hitting the ground going hard in the south now. And download Roland Martin unfiltered on the iHeartRadio app, Apple Podcast. Or wherever you get your podcasts. Robes, it's odd to be sitting here and have a trial that a judge has already said. He already said what the conclusion of this trial is. But we have to wait for our countdown before it officially happens. That's right, because we are waiting to see if Kevin Ruddington can get a Supreme Court justice, a higher court to put an emergency stay on the judge issuing or declaring that this is officially a mistrile.

19:52After a second note came from the jury saying with heavy hearts, we cannot reach a consensus. Nor will we be able to. And it's interesting. We're getting some color from inside and outside the courthouse. I mean, this is described as somewhat of a chaotic scene. The New York Times is reporting that court staff is now getting exacerbated with crowds that are pressing towards the courtroom door, trying to secure seats, actually yelling at spectators to retreat. The way it's being described from folks that were inside that courthouse is fairly sounds chaotic because folks, I don't think many people have seen anything like this before. I've not seen a, I have not seen anyone appeal a decision that hasn't been made yet. That's about to be made. I haven't seen it. I guess it's legal. I guess it's okay. I guess it's part of the process. He's trying to get another judge to stop this judge from declaring a mistrile.

20:57I did not know about this. But this is new stuff to me. I am fascinated. We talked right before we came on. You said, Ro, what do you think is going to happen? You know what? Everything has shocked me. We talked about what might happen. What do you think they're going to say? What do you think they're going to say? Didn't see this one on the bingo card? I haven't seen one legal analyst come close to guessing what comes next in this case. We shouldn't feel bad. We shouldn't feel bad because we've got former prosecutors and defense attorneys and all these folks who are certainly experts when it comes to our American justice system. And none of them have been able to predict the way this trial has gone. From frankly start to finish, this has just been a remarkable. Honestly, it's a, I feel like civics classes today still exist in high schools, but I feel like this is a case that should be studied by anyone who is considering just learning about our legal system. We're learning as we go and perhaps even some people in the courtroom are learning about what is possible. I did not know that a defense attorney or an attorney at all could stop a judge almost in mid sentence with gavill almost up in the air.

22:06That's kind of what it felt like. He was about to officially declare this case a mistrial. We've all said this to somebody before in the judge said it to Kevin Reddington. Some variation, but the judge said in court, I got the jury on the way in here now and you want to bring this up. But then you're literally walking to the courtroom and Kevin Reddington stood up again, robes. We ever get in trouble in Massachusetts. He's our first call. This dude is fighting his ass off even after this was settled. He's fighting to keep it from being something. He's still fighting for Lindsay Clancy and you know with everything that must have been going on in that deliberation room. Those jurors, I bet you some of them are just chomping at the bit to tell all they thought they're really being now. They're probably like what the actual is going on. All right, we're going to keep our eye on this courtroom. Please stay close to your phones and our feed because we will be updating you shortly.

23:06But with that, everyone, we always appreciate you listening to us. I'm Amy Robock. Alongside DJ Holmes, we will be talking to you very, very soon. I survived nine months in captivity and I've spent my life exploring how other people survive what should have destroyed them. I'm Elizabeth Smart and these are the survivor files. Every week, I'm with survivors who live through the unthinkable, abducted, stalked, controlled and nearly silenced. These are stories about what it takes to make it out alive. Listen to the survivor files with Elizabeth Smart on the iHeartRadio app Apple Podcasts or wherever you get your podcasts. On the new podcast, Solita, we share the messy reality of traveling alone as a woman. I can wait four hours for the next bus or this random dude is offering the ride on his motorcycle. I choose option B.

24:08I'm Julie Pinero and I travel by myself because it's a rare space where I can say yes without asking anyone else first. I'm on a mission to reclaim the word Solita, trading the pity for possibility. Listen to Solita on the iHeartRadio app Apple Podcasts or wherever you get your podcasts. If you're a bookshelf and you're a four-year page or equally important to your personality, welcome home. Pro Society is a weekly podcast that's part book club, part group chat for anyone who thinks pride and prejudice and love island deserve the same level of discourse. Each week we're connecting the dots between books, the internet and pop culture, with your favorite writers, book talk creators and plenty of over thought opinions. Listen to pro society on the iHeartRadio app Apple Podcasts or wherever you get your podcasts. Our hometown is not a test tube. 90 miles northeast of Nashville, a battle for the future of America plays out in one small town.

25:09Developers with right wing ties have purchased hundreds of acres of land. We need cities on a shining hill. This is our town. A podcast about what happens when a small town becomes the site of a social experiment and fights back. I guess you didn't move in on a bunch of dumb hillbillies now, did you? Listen to our town on the iHeartRadio app Apple Podcasts or wherever you get your podcasts. Didn't catch the latest Roland Martin unfiltered podcast? Here's what you missed. There should not be a single law enforcement agency. It does not have body cameras. It's real. Black farmers have been under attack. This is just the latest example of them just slapping DEI on anything. It's raw. And I'm sitting here going. They are playing y'all for fools. Catch Roland Martin's daily commentary on the black information networks. And download Roland Martin unfiltered on the iHeartRadio app Apple Podcasts. Or wherever you get your podcasts. This is an iHeart Podcast. Guaranteed Human.