We Have A Mistrial| 9.04.26 - The Howie Carr Show Hour 1

0:00Better strap yourself in. It's time for the Howie Car Show. Howie Car, lost in hero columnist and radio hit night. It comes from the tabloid show stuff in Boston and it was concocted there. Well what about Donald Carr, his orange Jesus? Donald Carr? Live from the Bernat Leslethal Pistol Studio. It is a special pleasure for me to introduce Howie Car. Welcome to the Howie Car Show. The Midcape Command is shut down back in the Boston region. Back in Norfolk County, the belly of the beast. 844-542-844-542-442.

1:06So we are waiting next steps in Clancy Trial Deadlock drama. And they've had a hearing I guess before a single justice of the Mass Supreme Judicial Court. Kevin Reddington through the ultimate Hail Mary Pass. He said this morning the judge was declared a mistrial and was bringing the jury back into the courtroom in Plymouth to dismiss them. And Kevin Reddington said, I want to file an emergency appeal to the single justice of the SJC to stop the to stop you from declaring a mistrial. And the judge asked the legitimate question I thought which is what am I supposed to do with the jury if there's an appeal they have to just like sit in in a state of suspended animation limbo until until the justice or the or the or the whole court makes up its mind.

2:14I don't know I don't know what's going to happen there were they're just waiting to I'm sure they're just typing something up in the in Boston at the SJC but you know for an appeal to to be granted you know and to put a stay on the declaration of a mistrial I mean I'm a I'm a layman I've spent a lot of time in courtrooms but I'm not a lawyer. Don't you have to have a a chance of prevailing on appeal before the stay is issued what it whether he's he's basically and you know if I'm wrong correct me he's basically asking the judge to throw one juror off the jury because he won't agree with the other 11 jurors. And by the way the prosecution the the the assistant district attorney from Plymouth County says we don't even know if it's just one juror not.

3:21But that's what Kevin Reddington is saying the lawyer for Lindsay Clancy that it's only one juror and so they want to throw him off and I was thinking you know this. I'm trying to think back to 12 angry men and some of these other other trial jury movies I don't remember that that Henry Fonda had had to was almost thrown off the jury because he wouldn't agree with Lee J Cobb and all the rest of them I'm pretty sure that didn't I don't think that happened in the remake either. What is this I mean you've had people in the passing you know it's it's too tough you know people to screwed up there's too much social media everybody's too fragmented you can't have a unanimous jury system anymore on criminal trials we got to go to like civil trials it's eight to four nine to three in some some places I think maybe all places.

4:21But you know they people have suggested that serious people maybe even legislators have suggested going to a nine to three verdict with suffice or eight to four verdict with suffice in a criminal trial but you know what it's never gotten anywhere. It's never gotten anywhere so we've had this unanimous system in criminal trials for a very very very long time. And and Kevin Reddington just wants to throw it off the window because he's not getting this way this guy 75 years old he's been he's been in practice for for 50 years and he suddenly hey you know what I can't get my way but let's get rid of it let's get rid of one of the jurors. Eight four four five hundred forty two forty two and then he's and then he's stating that the juror lied under oath before the judge and I mean I get I know this is a courtroom he's not going to be held he can't be held for for libel or anything like that you can say whatever you want if you're in a courtroom you're you're covered.

5:28It's like Congress but I mean is that is that really a ethical way to operate. Listen listen this is cut one this is this morning with in front of judge Sullivan who by the way I think it's doing an okay job I mean I you know I said as I said my column today. Well let's look back on the big two big trials recently in Massachusetts Karen Reed Lindsey Clancy judge Beverly Cannon or judge William Sullivan who do you think has been more. Has been more impartial. I mean Beverly Cannon hated Alan Jackson she hated Karen Reed. I mean I don't get to feeling that judge Sullivan I mean if anything he's he's really let let the reddington get away with a lot of stuff reddington I think some judges would have said said Mr.

6:32Reddington you know I'm going to hold you in contempt if you keep say if you keep accusing me of you know if not showing respect to they never say that to me to this court. So listen to this when he accuses the juror of doing here cut one. Clearly judge we have a person who under their oath stood in front of you yesterday when you did the individual of why dear and according to this information under oath look you in the eye and lie. That juror told you that he would be able to apply the law to the facts as you asked them and based on this note from this juror it clearly and unequivocally indicates that they are basically 11 to 1 and this person will not apply reasonable doubt to the evidence to return a not guilty verdict.

7:32So he's basically saying you don't I don't like how this juror head refund let's call him Henry Fond is applying the law to the to the facts so I'm going to I want him thrown off and by the way he lied to you judge he lied to you cut the crap. 844 542 844 542 5.8 to jurors can thank reddington for one more sub sandwich and chips for lunch. You mean they can blame them don't you mean I know I think everybody just wants to go home at this point let's take let's take some calls we're just waiting for him to come back into the courtroom. I think they're just going to say they're going to have to wait for the decision by the by the single justice of the SJC and again I don't know what are the chances he can prevail I mean this is this is rather unprecedented as an throwing a throwing it he's not accusing him of being bribed by the mob that's another recurring theme in these Hollywood movies the mob gets to somebody and threatens them or the mob you know tries to bribe them there isn't these not that's not what he say he's saying the guy is not going to be able to do that.

8:47He doesn't agree with his interpretation of the facts and the other 11 it jurors interpretation of the facts so he's got to go. That's not the way it works. 844 542 Robert your next with how we can go ahead Robert. Hi how he's like thanks for doing a good job with this fiasco it's it's a mess and you know so far nobody's talked about how to prevent this from happening. I don't know how you do it. Well let me can I can I just give you a thought and maybe you can let the read the other listeners see if they if they can avoid this thing in the in the future. I just saw my eye doctor and they looked at the back of my eyes with a machine and and could tell what my what my eyes looked like and how things were working back there they had hot surgery two months ago and it was diagnosed in the day in a hospital. Psychiatric medicine is so different from that right any of those tests we have none of those tests and what we do have is we have a system that's basically broken.

9:53All of the psychiatrists and psychologists and social workers heads are really tied they cannot or they're afraid to put people into a hospital for a short diagnostic hospital stay whereby she was in a hospital for a while she wasn't she was in McLean's. That's the best hospital there is. Here's the problem how the problem is is that when they get it something again in a hospital like that even a good hospital like the clay hospital. What happens is there just another patient i'm talking about identify potential women like this based on their interactions and their family interactions with the healthcare system. Robert you know protocol and you know I mean do you understand how overwhelmed the the healthcare system is. And also you know every woman that was identified would would immediately run to court or get a or get a second opinion of some doctor who said she should be let out and it's just I don't I don't you know this is just you would you're playing I mean it's well and you know I'm not going to be a good doctor.

11:05It's not just a good health care system but it's just a good health care system. But it would just have more red tape to the whole situation. Thanks for the call Robert. 844-542-442. We'll be right back on how we car. How we car is back. So, Reddington is making comments now we're going to go to it and just minute he's just saying that it's something about a juror refusing to follow the law. The juror follow the law to get go with the verdict you want. I mean how is that the law? Good lord let's listen to a little bit of Reddington.

12:06Council it's my understanding that the S.J.C. issued their order that the emergency request for relief was denied and the temporary stay is lifted. And so it would be my intention at this time to call the jurors back in good and as I indicated before to declare a misdraft. I understand you're under and at the risk of incurring the wrath of the court. I'd like to raise an additional issue just for purposes of the federal law because this I believe constitutes a violation of the United States Constitution and the federal issue. Oh boy. In that circuit which is the first circuit when a jury reports through a four person that admit the liberation that a juror refuses to follow the law. The issue is handled under federal rules of criminal procedure 23b but the law itself that we're dealing with clearly indicates that he's pounding the table.

13:06He doesn't have the law. He doesn't have the facts. He's a deliberating juror. The pound so he's pounding the table and allow the remaining 11 jurors to return a valid verdict and or with the substitution of one of the jurors. The court has to throw Henry fond of how and let lead Jay cop the liberal guilty verdict. The jurors refused to follow the law or instructions. The Constitution's good cause for dismissal it does and pros procedural issues as to how the court would navigate and which would require a hearing. The court standard is United States versus several. Come on, the dead bodies. That 的

14:06Is this live? Is this live? What? 12 deliberating jurors and six alternatives in the matter of Commonwealth versus the state of the party's present. All right, thank you, Madam Clerk. All right, members of the jury, at this point, I'm going to declare that the jury is deadlocked and I'm going to declare a misdrial. All right, let's get into it. I just wanted to make a comment. And I've kind of a history buff. And during World War II, Winston Churchill was the prime minister for England. When England pretty much stood against not to Germany alone. And so Churchill oftentimes had to talk to the citizens and say, let us brace for our duties. I always liked that phrase. And I thought of that phrase when all of you were agreeing to be on this jury. The agreed to brace for that duty.

15:09And each one of you knew how long the case was going to go. You knew how difficult the case was going to be to listen to facts wise, but still you brace for that duty. And I just kind of wanted to ask, you know, I watched every day, day after day, week after week, all of you performing that duty that you're braced for. And I just kind of wanted to let you know, I understood how hard everybody worked in this case. I understood that you all gave everything you could and probably more than you thought you could. And so on behalf of myself, I just want to thank you so much. You should be proud for what you did. You're braced for that duty. You're performed that duty. And I just kind of wanted to thank you, but half myself, and behalf of the Commonwealth of Massachusetts. Thank you so much. The only thing I am going to ask one more thing is that what I'd like to do is be able to come back

16:11and thank you personally. I'm going to have to talk to the council for just a couple of minutes. So if you can stage this for a couple of minutes, not to go over the deliberations, really like that. But just to thank you personally, again, for just an incredible commitment and dedication to each and every one of you showed here. So I just want to thank you so much. And with that, you're discharged. Thank you. All right. That's it. That's it. The emergency stay was denied by the single justice of the Supreme Judicial Court. In that case today, it was Judge Delilah A. Argez Windland. She was the one on duty. Not this is not Mara Helisex, El Llew Gallupal. It's a different woman. So I think for once the SJC made the right, the single justice made the right decision.

17:12And it's just, I mean, this is absurd. I mean, his attempt, good Lord, H. Can you find out how this honorable judge Sullivan got on the bench? He was appointed, believe it or not. I looked it up this morning by DeVal Patrick. I know. I know. I'm shocked. You're shocked. 844-542-42. Six-1 is another 617. Reddington is harassing a juror. How do we ever get competent jurors anymore? If this is the way defense attorneys are going to handle things, they only want idiots on jurors. I hope they can keep this guy's identity a secret. If they can keep the guy who, the good citizen with the gun on Memorial Drive, who ended up shooting the thug, who was shooting at people on Memorial Drive a few months back, let him keep this guy's name secret, too.

18:14So he doesn't get harassed by these crazy women that have been there. Mainly women. Maybe there's a couple of guys, but it's mainly women. We're going to take calls. We'll do the poll question when we come back. 844-542-42. So a mistrial has been declared. Next question is for the district attorney. What is Tim Cruz? What is he going to seek? 844-542-42. And how we car. MUSIC MUSIC MUSIC MUSIC MUSIC MUSIC MUSIC MUSIC MUSIC Live from the Bernat Les Lethal Pistol Studio, it's Howie Car. 844-542-42.

19:16We have full lines where you hit all your calls in just a moment, so I want to do the poll question first. Today's poll question is sponsored by Magnum Moving and Storage, Moving Two and From Cape Cauter, the South Shore. Yes, I was, just this morning. I could have used Magnum Moving, little help. Make your next move the easy one with Magnum Moving and Storage. Magnum Moving is your Cape Caut and South Shore destination expert. Contact them today at magnummoving.com. Magnum Moving.com are called 508-255-7278-508-255-7278. Your move starts with Magnum. Jared, what's the poll question? What are the results thus far? Today's poll question, which you can vote in at HowieCarshow.com, is after Maria Bartoroma's firing, how much do you, how much trust do you have in Fox News's Maga credentials? 100% trust? Some trust, very little trust, or no trust whatsoever.

20:18Very little. 34% of the audience says they have very little trust. 42% say no trust whatsoever. 21% have some trust, 3% say 100%. Yeah, I haven't had much trust since election night that 2020, honestly. And as time goes on, I mean, they got rid of her because, supposedly, because she was sharing confidential information with the White House. But I think, but I'm also told that it had a lot to do with her salary. They got her to come over by paying her millions and millions of dollars. And she had high ratings as President Trump said, and it's truth social last night. But it was in a very small pond. Fox Business Channel, it doesn't do much. And the weekends, the weekends. So I think they were looking to lock big salaries.

21:22Apparently, according to one of the suits, one of the voting machine suits, they had to produce her salary since she came over from CNBC. And this was a couple of years ago, $70 million, since 2014. Somebody asked me, yes, did he? Are you going to pick her up on waivers at the OECR radio and network? I don't think so. I think we'd have to give her a bit of a pay cut. 844-542-42. A waiting reaction from defense and prosecution after Judge DeClaire's mistrial and Clancy case. I think they made the right decision. And that would have been insane to try. I mean, he wants to throw the jar off. I don't know when that's ever been done. Someone tell me if I'm overlooking a precedent. Tony, you're next with Howie Carr. Go ahead, Tony. Howdy, great show. Great holiday weekend. Thanks. Two things. I think that there were too many choices

22:23given to the jurors for them to make some sort of decision. And number two, calling a juror that they're obviously going to hunt down and find out who this guy is, a liar. In court, one of the guys that part of the American system and saying at this point that one of the jurors is a liar, and he actually used the word liar. So atrocious. I can't believe the judge allowed it. That is so. Well, I mean, what's he going to do? It's on live TV. I mean, he can't really take, I mean, all the crazy women in pink were watching it. They're going to, you can't unhear it. So what's he going to do? Well, you shut him down. You sanctioned. You sanctioned. You sanctioned Reddington. He, you know, Reddington got away with a lot more than most judges would have allowed a defense lawyer to say.

23:25I mean, there was a very little of this with all due respect your honor. And I would beg the courts indulgences and all the stuff they usually say, you know, when they're, because the judge is in control and you have to keep him, you know, kind on your side. And in Reddington was just snapping at this guy over and over again. I'm going to be interested in talking with the attorney at 305 about this, because he's a, the guy wouldn't have a hon. We fed him on before. He's a former prosecutor. I'm going to ask him how often he's ever seen a, a, any kind of lawyer, prosecutor or defense lawyer in a criminal case going after a judge like this. Christine, you're next with Howie Carr. Go ahead, Christine. Hi. I, two points while I was waiting that the decision came in. So I think that that's the right way to go for now. And I hope the prosecution can afford to put this back in their budget and retry her because she needs to be accountable. And two, I think we are tying the hands of everybody

24:29in that court with the only, and I don't know how this gets added on as another decision. But she should be tried as guilty while insane, or while mentally incapable and going to her two years in the happy house, but then going finish her prison sentence. Not be let out because she, oh, all of a sudden, she's not insane anymore or she's not emotionally incapable anymore. That's a decision that's a determination that should be added, you know, because then the lefties are going to vote with their emotions every single time. Right. And you know what, that's a good point, Christine. These people, some of them on the jury, and I shouldn't second guess the people on the jury because they were there for five weeks and I wasn't. But I get the fee, you're right. More people now vote with their emotions, you know, with their feelings. It's not what the law is or the facts are.

25:32It's what their feelings are and they feel sorry for her. But again, so many people, so many women have had these feelings, these post, this postpartum depression, and how many of them have actually killed their kids? Nobody, very few. Thanks for the call, Christine. 844-542-42-Limmergeys says, I can't get past the fact that Remington, Reddington, not once made any reference to the poor murdered children. He's why they call lawyer sharks. This guy has no heart. He would just say he's trying to win the case. Everybody deserves a competent legal defense, even werewolves, as Hunter Thompson used to say. But, you know, you gotta go to the homepage of the New York Post right now. They got the picture of the three little kids up there. And they're just cute little kids there and their pajamas, they're laughing and smiling, they're happy.

26:32Now they're dead. 844-542-42-71. We needed the judge from Mike Cousin-Venny. Fred Gwynne from Car 54, where are you? In the monsters. 844-542-508 says, we had 12 angry men. Now it's nine angry women. Well, they were a couple of guys with them too, apparently. I mean, again, if Reddington's telling the truth and the prosecution is saying they don't know that, they claimed that no one has said specifically that it was 11 to 1. So we'll see. I mean, I'm sure they're gonna be asked that question when they come out and talk. Thank you, Ronald. Overruled. Overruled. What's a yut? That's the one I was remembering. Yut's. Ed, you're next with Howie Carr.

27:33Go ahead, Ed. Hi, Howie. The judge quoted Churchill. I'm reminded when I listened to Reddington of William Buckley's observation that liberals are interested in hearing other opinions until they discover that there are other opinions. That is a very good observation, Ed. It's. I mean, why did he want to throw this guy off the jury? I mean, he said he's refusing to follow the law. Apparently, the law is whatever Reddington wants him to do. I was unfamiliar with that law when it was passed. Right, aren't you? Yes, well, you know, the first trial of the guy who murdered officer Chessner, it was 11 to one. And the one was a vote for a Quetal. And I never heard anybody say he should be thrown off. No, you're absolutely right.

28:35Yeah, that was a terrible, that was a terrible miscarriage of justice. And it was in Norfolk County where we are, where Meatball Morrissey ruled. But I don't think that was particularly Meatball Morrissey's fault. That was just a nutty jury. You got to be very careful picking these juries. And you know, I think it gets harder by the year because you have the jury pool. It's, you know, they always say it's tainted by, you know, pre-trial publicity. It's increasingly it's tainted by insanity. Because people are crazier. Remember the Whitey Bulger case? They had them called for 19 murders in this woman. She was a freelance writer. And she had a hyphenated last name. And I told one of the prosecutors, I said, those two facts alone, it should a preemptory challenge. And you know what they say? Do you know how many preemptory challenges we would have had the issue? You know, we don't have enough preemptory challenges

29:35to throw off every nut who's got a hyphenated last name and claims to be a freelance writer. And I get the question. And then she got to be friendly with Whitey Bulger. She, she, she, that's why he's on the record books. He's only down for 11 murders, not 19. But Judge Denise Casper gave her credit when they came time to chop up all the, all the yield gotten gains that they found in Santa Monica. I think it was 800,000 cash. And then she got to the point where she was, she was 800,000 cash. She chopped it up 19 ways. She, she, she, no, they were, they were all, all guilty. 844, 542, 42. The jury pool, it's about right. Only 8% of people in Massachusetts haven't lost their minds. Yeah. That's one way to look at it. I guess cat, you're next with Howie Carr. Go ahead, cat.

30:36Yeah, thanks for taking my call. I'm going to try to keep it in the lane here, but it's really hard. Um, this is Judge. Um, what type of questions did he ask these jurors before they was collected? Were these women speaking of nine women? Where's the balance from the number of males of female on this jury? That's my first question. Well. Second question. Did he look at these people and say, are you having PMS? Are you postpartum? They're not going to ask that question. And by the way, it's the, it's the, uh, the opposing council is the one who has to ask the question. Most of the questions. I mean, he's, he's presiding over it, but it's the, it's the lawyer, lawyers, the prosecution and, and Reddington at all that are, that are asking the questions of the jurors. Did you hear anything like that come out at all? These people that are sitting there making this decision on their emotional, drug filled bodies.

31:39They're not, they're not going to ask anybody if they're, if they're having their period. I mean, that's just, come on, Kat. I think they're barred from doing it legally, actually. They probably, I mean, certainly, certainly. That would, that would have become a major story. I mean, I know, I know the story grew as these trials often do. But even if somebody, and by the way, the lead prosecutor was a woman herself, it's just, it's just not going to happen. I understand people's emotions are running high on both sides here, but come on. Let's, you got, you got to consider the reality of it. And sometimes there's more men than women. That's the way it goes. You know, just like the, the, the, the jury in Texas had, they, they called them 12 whites. There were some Hispanics, but they were for the, for liberal purposes, they became white people as they often do. And I think there was an Asian too, but he became white as well.

32:39So, but they said it's white jury, you know, convicted Camel O'Anthony of killing the white guy. Come on. 844, 542, 42. I'm how we car. Follow how we on Instagram. Yeah, hi. I'm a big influencer. How we car radio network. Go ahead, check it out. Press the B and file. How we car is back. 844, 542, 42. Tim Cruz, the district attorney has made a statement. He's pretty good. He said, no, no decision has been made on a, on a retrial. And he's, he's not going to know anything. You're going to sit down and talk about it. He mentioned, he has now mentioned at least twice before we came back.

33:42The names of the slain children, Quora Dawson and, and, and, and, and he said, this is, this is what it's about. It's, he said, it's not about anything else. It's not about the medical system. It's not about women's health care postpartum depression. It's about three little kids being murdered. He's pretty, pretty effective. He's got some woman with, wearing pink behind him. And she was, she was waving the, waving her, her pink scarf for a while. But now she's, now she seems to have calmed down. But, you know, it's, he's, he's, he's doing a pretty good job. We'll, we'll have some cuts. We'll, we'll pull some cuts as, as we go through the day. And I guess I'm reading them. We'll be talking after, after Tim Crowse. We'll take a few more calls here. Everyone wants to talk about it. We'll be talking about this for the next, the foreseeable future on the show today. Dan, you're next with Howie Car. Go ahead, Dan. Hi, Howie. Hey, listen, um, I, I really think that, you know, the jury got it right, uh, based on, you know, what they're saying is they were leaning to, uh,

34:46go with the insanity charge. And, um, you know, based on the rules that the judge gave, uh, for reasonable doubt. Because the one thing that I haven't heard brought up in this case, and it's, happens in all of the cases as far as I know, is, what was a motive? I mean, there's always a motive. There's money. There's jealousy. There's rage. Um, I, I just don't see the motive. I mean, you know, I don't see her husband. I mean, we can't, Dan, Dan, we can't, Dan, we can't, uh, you know, look into someone else's mind. Can we, I mean, ultimately, no one can look into anybody else's mind. But that's what everybody's being asked to do is look in her mind and see if she playing this or if it was, you know, well, you know, crew, crews said that they looked at the facts before they, you know, presented the charges to the grand jury. And they, they, they're, their conclusion was she knew what she was doing.

35:48And, uh, and that, that was the way, that was the way they went. And I mean, again, so 11, 11 went, you know, and thought that, uh, you know, she was apparently not guilty by reason of insanity. And the, the 11th, uh, the 12th juror didn't, didn't believe it. And, and again, so the, the, the way the system works is, you have to have unanimous verdict. I mean, that's, that's it. Yeah. I mean, you can't, you can't say, hey, it's going against me. It's going against the liberal way. It's going against all the, uh, post metaposal crazy women on TikTok. So we're going to have to throw the jury off and we're going to have to throw out the system that we've been using for hundreds of years. Thanks for the call, Dan. Plus, uh, it seems like motive only applies to first degree murder. Yeah. In that case. And so it's not required in second degree manslaughter, any less charges. And that's the same thing they gave, uh, they gave, they gave the jury's, jurors pretty much the same menu of charges on the Karen Reed case. And they threw, and by the way, in the first chair Karen Reed trial, they, they were unanimous that she didn't, that she was not guilty of first degree murder.

36:55And guess what? They tried her again. And, and, and where, where was the liberal outrage about that? There was not David. We're out of time. We're out of time. We don't have time for anything more. When we come back, we're going to have a lawyer. We're going to former prosecutor now works for Eden Rafferty. And we're going to discuss what happened his, his reaction. If he's ever seen anything like what happened this morning, the, the, the attempt to, uh, to, uh, to halt the mistrial and to throw off a juror after a six week trial and a week of deliberations, eight, four, four, five hundred, forty, two, forty, two, I'm how we go.