Sept. 4, 2026
'One Juror Who Refuses to Listen to the Law': the Clancy Defense Wants Them Removed, Forty-Two Years to a Conviction in the Killing Fields
The foreperson of Lindsay Clancy's jury sent a note saying one juror "refuses to listen to the law" on reasonable doubt, defense attorney Kevin Reddington told the court — and asked Judge William Sullivan to remove that juror. Sullivan declined: "I don't feel that it is proper for me to side with one side or the other of the deliberations. I don't feel it's appropriate for me to say I agree with one juror or 11." He questioned each juror individually at sidebar, with Clancy wheeled up to the bench, then reread the instruction on reasonable doubt and sent them back. Reddington objected: "If we come back in a half hour with a mistrial because of a juror that has just spurned the instructions of this court, it's a shame." A sixth day ended without a verdict, roughly 36 hours in; Sullivan can send them back once more before declaring a mistrial. Clancy has pleaded not guilty in the deaths of Cora, 5, Dawson, 3, and Callan, 8 months. Also: in Galveston County, Texas, a jury convicted James Elmore in the 1984 death of 16-year-old Laura Miller, whose father founded Texas EquuSearch after her murder and testified against him. And in Colorado, a judge confined Barry Morphew to his home after a private citizen emailed her about a hit-and-run.
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WEBVTT
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Good morning. This is Daily Crime and Justice from Calaroga
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Shark Media, powered by AI. I'm Garrett Fisher. It's Friday,
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September 4th, 2026. Yesterday afternoon in Plymouth, Massachusetts, the foreperson
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of Lindsay Clancy's jury sent the judge a note saying
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that one of the 12 people in that room is
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not following the law. What happened next was one of
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the strangest scenes of this entire trial. Lindsay Clancy was
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wheeled up to the judge's bench for the first time
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in five weeks. And then, one at a time, each
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of the 12 jurors was brought in and asked a question,
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in front of her, in front of both legal teams,
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in front of the court officers. Her lawyer then stood
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up and demanded that the judge throw that juror off
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the case. The judge refused, and he gave a reason
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that I want you to hear, because it is the
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whole ballgame. In Galveston, Texas, a man named Tim Miller
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spent 42 years looking for the truth about his 16-year-old daughter.
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He founded a search organization that has recovered more than
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400 bodies for other families. And on Wednesday, a jury
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finally convicted somebody. And in Colorado, a private citizen sent
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an email to a judge. As a direct result, Barry Morphew,
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who is awaiting trial for the murder of his wife,
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is now not permitted to leave his house for any
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reason short of an ambulance. Let's get into it. On
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the evening of January 24th, 2023, Lindsay Clancy strangled her
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three children with exercise bands in the basement of their
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home in Duxbury, Massachusetts. Cora was five. Dawson was three.
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Callan was eight months old. Nine women and three men
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have been deliberating since a week ago Thursday. They are
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past 36 hours. They have told the judge twice that
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they cannot agree. And on Wednesday, he read them the
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dynamite charge, the last resort instruction Massachusetts judges use before
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declaring a mistrial. And then yesterday, this happened. Around mid-afternoon,
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the foreperson sent Judge William Sullivan a note. The note
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said that one of the 12 is not following the
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law as it pertains to reasonable doubt. Sullivan called a sidebar,
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and then he did something I have not seen in
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this trial. He had Lindsay Clancy wheeled up to the
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bench so she could participate. She has sat at the
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defense table for five weeks. This time she was there
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in her wheelchair at the judge's elbow. Then he brought
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the jurors in one at a time, 12 people one
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after another, each one walking into a courtroom containing the defendant,
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both legal teams and court officers, to be asked a
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single question at the bench. Can you follow the law
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as I have instructed you? By all accounts, every one
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of them said yes. Sullivan then brought the whole panel
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in and re-instructed them on reasonable doubt. He told them
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they are required to follow his instructions on the law.
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He reminded them the burden is on the Commonwealth to
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prove guilt beyond a reasonable doubt. He walked them through
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moral certainty, the highest degree of certainty possible in human affairs,
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based solely on the evidence. And he told them again
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that if they evaluate everything and a reasonable doubt remains,
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the defendant is entitled to the benefit of it and
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must be acquitted. Then he sent them back out. And
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Kevin Reddington came unglued. Reporters described him gesticulating and banging
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papers down at Sidebar. Then, in open court, he said
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it out loud. He told the judge the court has
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an instruction from the foreperson of a jury that has
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been working for a week saying there is one juror
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who refuses to listen to the law on reasonable doubt.
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He argued that the soft question Sullivan asked at Sidebar, essentially,
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can you follow my instructions, did not focus the issue
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and did not build any foundation for removing that juror.
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And then he said that if they come back in
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half an hour with a mistrial because a juror spurned
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this court's instructions, it is a real shame. He moved
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to have the juror removed. Jennifer Sprague opposed it, and
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her argument was short and correct. There is no way
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to determine what is happening inside those deliberations. No way
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to know who is right and who is wrong. And
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nobody should be trying to find out, because that is
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what deliberation is. Sullivan refused. And here is the line,
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and it is the most important sentence anybody has said
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in that courthouse this week. He said he does not
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feel it is proper for him to side with one
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side or the other in deliberations. Now, let me explain
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why that is not a dodge, because it would be
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very easy to hear it as one. A judge can
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remove a juror. It happens. If a juror is drunk
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or has been researching the case at home or has
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talked to a reporter or is refusing to deliberate at all,
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That is misconduct and off they go. And a judge
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can remove a juror who genuinely refuses to apply the law,
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a person who says out loud that they do not
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care what the instruction says. But a judge absolutely cannot
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remove a juror for reaching a conclusion the lawyers do
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not like. And here is the problem, which is one
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of the genuinely unsolvable problems in American criminal law. From
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outside that room, those two things look identical. A holdout
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who has honestly applied reasonable doubt and landed somewhere the
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other 11 have not is doing exactly what a juror
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is supposed to do. That person is the entire reason
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we have 12 instead of 1. And to the other 11, exhausted,
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7 days in, that person looks like somebody who will
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not follow the law. The 4-person's note is not a finding.
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It is one juror's characterization of an argument they are
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losing or cannot win. That is not a criticism of
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the foreperson. It is just what a note like that is.
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So when a judge starts pulling jurors off a panel
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because the majority reports that the minority will not get
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in line, you have not fixed a deadlock. You have
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replaced the unanimity requirement with a vote. Sullivan will not
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do that, and he is right not to. Now, I
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want to be careful about something because it is everywhere
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this morning. There is reporting of an alleged 11 to
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1 split. Nobody outside that room knows that. Not me.
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Not Court TV. Not anybody. It is an inference drawn
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from a note about one juror. It might be exactly right.
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It might also be that two or three people are
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unpersuaded and one of them is simply the most vocal.
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Deliberations are secret for a reason. And everything we think
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we know about what is happening inside is guesswork built
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on a piece of paper. What I will say is this.
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If it is one person, that person has now sat
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in a room for seven days while 11 others push,
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has been the subject of a note to a judge,
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has been called into a courtroom to be asked in
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front of the defendant whether they can follow the law,
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and has had a defense attorney demand their removal in
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open court. And they went back in and kept going.
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Whatever you think this case should come out to, that
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takes a spine. And I want to be equally fair
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to the other 11, because they are not villains in
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this either. If 11 people have genuinely worked through five
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weeks of testimony and arrived at the same place, and
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one person will not engage with the law as the
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judge gave it to them, that is a real and
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maddening thing to sit inside for seven days. Their frustration
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is legitimate. A foreperson who writes that note is not scheming.
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They are asking for help. Both of those things can
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be true, which is exactly why Sullivan cannot referee it.
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There is also a practical reality here that nobody enjoys
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saying out loud. This jury has been at it for
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seven days. They are not sequestered, but their lives have
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been on hold for six weeks. On Tuesday afternoon, they
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asked to go home early, which they had not done before.
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Reporters have described them walking in looking down, stoic, not
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talking to each other the way they had earlier in
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the trial. One juror winced and shook her head when
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told to keep going. That is what exhaustion looks like
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from a press bench. And exhaustion is precisely the condition
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under which a dynamite charge does its work. It is
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not designed to change a mind. It is designed to
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make holding out feel unreasonable. Massachusetts wrote its version specifically
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to soften that pressure. And Sullivan paired it with a
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reminder that the Commonwealth carries the burden and that doubt
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means acquittal. He has handled this carefully. But there is
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no version of an instruction like that which does not
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lean on the person standing alone. Where it stands. Sullivan
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has read the dynamite charge once. He can read it
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one more time. After that, a mistrial. And a mistrial
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is not an acquittal. It is not a finding of anything.
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And Reddington has already said he would absolutely try this
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case again. Lindsay Clancy would stay committed to the state
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hospital where she has been for over three years while
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the district attorney decides. Cora Clancy was five and in kindergarten.
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Dawson Clancy was three. Callan Clancy was eight months old.
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Twelve exhausted people go back in this morning. Someone has
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to say their names. When we come back, a father
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spent 42 years looking for the truth and the man
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who had it called his phone. Segment two 42 years
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Laura Lynn Miller was 16 years old on September 10th
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1984 in League City, Texas She was wearing a blue
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one-piece jumpsuit flip-flops and a gold cross necklace Before her
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father left for work. She asked whether her boyfriend could
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come over that night. He told her he would see
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her later When he came home that evening, she was gone.
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Her father's name is Tim Miller. He is 79 years
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old now, and this week, he sat on a witness
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stand in Galveston County and told a jury that Laura
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was Dad's girl. He described what happened next, and he
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called it the place where the nightmare started. He said
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he had the worst time of his life. That he
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begged and pleaded for somebody to do something. That he
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knew something had happened to Laura. He just did not
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know what. Seventeen months later, in February of 1986, he
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was reading the Houston Post and saw that the remains
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of two women had been found in a field off
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Calder Road in League City. Testing determined one of them
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was his daughter. That field became one of the most
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notorious places in this country. Four young women were found
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there between 1984 and 1991. Laura Miller, Haida Fai, Donna Prudhomme,
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and a fourth woman who lay unidentified for more than
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three decades until DNA technology finally gave her name back
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in 2019. She was Audrey Lee Cook, and she was
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30 years old. People started calling it the Texas Killing Fields,
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and Tim Miller could not leave it. In December of 1986,
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a week before Christmas, he went out to that field
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to dig a hole and set a cross in the
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ground for his daughter. While he was digging, he found
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one of her bones. He testified that he asked her
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to forgive him. He said that place made him crazy,
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that he almost lived out there in that damn field.
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In the year 2000, Tim Miller founded an organization called
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Texas EquiSearch to go find other people's missing children because
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nobody had come to find his. He testified about what
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it has done. Searches in 42 states and 11 countries.
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More than 400 deceased people recovered and returned to their families.
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Many more found alive who he says would otherwise be dead.
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He described the organization as Laura's legacy. Now here is
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where this story becomes something almost impossible to believe. In
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April of 2022, a man named James Elmore called Texas EquiSearch.
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He had two reasons. The first was that his own
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daughter was missing and he needed help finding her. The
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second was that he wanted to talk about Laura Miller
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and get something off his chest. Tim Miller helped him
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with his daughter. That got sorted out quickly. And then,
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over a series of meetings, James Elmore started telling Tim
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Miller what happened to Laura. Miller testified he was skeptical
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at first. He had spent almost 40 years getting false leads.
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But Elmore drove him to the field. And then Elmore
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pointed at a nearby cemetery and said that was where
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a man named Clyde Hedrick used to hide and watch
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Laura when she came down there. Hedrick had lived two
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houses from the Miller family. He had been publicly identified
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as a possible suspect for years, and Tim Miller had
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long believed he was responsible. And Elmore knew things. Prosecutors
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say he described details that had never been made public,
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including a shirt found with Laura's remains and the truck
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allegedly used to move her body. Miller testified that Elmore
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eventually described the night she died. In that account, Hedrick
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sexually assaulted Laura, and Elmore prepared cocaine and handed it
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to Hedrick, who administered it to her. Elmore said he
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told Hedrick not to do it, and then he described
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watching her stop breathing. I am going to leave the
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rest of what Elmore said out of this show, because
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it is genuinely one of the more repellent things I
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have read in a transcript this year, and it does
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not add anything you need. James Elmore, 61, of Backliff, Texas,
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was charged with manslaughter and tampering with evidence in Laura
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Miller's death and with a separate count of tampering involving
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Audrey Cook. He pleaded not guilty. His trial started Tuesday.
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Tim Miller was the state's first witness. The defense did
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not submit a witness list and did not call anybody.
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And on Wednesday, a jury of six men and six
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women convicted him. And I want to stop on the
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thing that makes this story different from every other cold
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case we cover. The break in this case did not
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come from DNA. It did not come from a database
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or a genealogy match or a detective reopening a file.
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