Sept. 10, 2026
The Bill Martinez Show 09 10 26
The Bill Martinez Show 09 10 26
Transcript
WEBVTT
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Are you ready?
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Yeah.
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Okay, let's do it.
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Bill Martinez Live, a program about current events, our culture,
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our values, our politics, and our future.
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And now, Bill Martinez. Hey, good morning, America. Glad you
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could join us about six minutes after the top of
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the hour right now. I'm Bill Martinez. He's Mike O'Neill
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from Landmark Legal. Hey, Mike, how you doing?
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I'm good, Bill. Good to be with you.
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Well, always good to be talking with you and catching
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up on everything that is our world and our culture.
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Yes.
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You know, you and I have, you know, minimally have
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discussed the Clancy case.
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Yeah, very minimally.
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I mean, for lots of reasons.
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Yeah.
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You know, it's tough all the way around. And, you know,
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for the jury, what they had to go through and that,
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you know, quite amazing. But here it is. It came
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down to one person who held to his beliefs.
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Right.
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And now we're starting to hear more about what happened
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back in that jury room, huh?
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Yeah, I mean, a couple of things, and I wasn't
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following the day-to-day, you know, you and I work, we work,
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we don't have time to get into the minutiae details
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of it. I'd love to be paid to be an
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analyst on this, that would be fun, but we weren't.
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But paying attention now, kind of tuning into what's been
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happening after the fact has been kind of illuminating for everyone.
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First of all, I think, as you said, you know,
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it necessitates stating that It was a tragedy. It was
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a horrible, horrible situation. You had a woman here who
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was suffering from something who killed her three children. And
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I just keep going back to these young three beautiful
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children who were killed and how awful and terrible this
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situation is. That being said, I think now what you're
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seeing post-trial has been problematic at the least. First of all,
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I want to comment on what her defense attorney said post-trial.
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Now we all know that it was a mistrial. You
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had 12 jurors in the Commonwealth of Massachusetts. 11 of
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them would have held that Ms. Clancy or Mrs. Clancy
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was not guilty by reason of insanity. They use a
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little different terminology up in Massachusetts, but for our purposes, insanity,
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that she was suffering from some sort of post-birth psychosis.
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Yeah, postpartum depression.
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Yeah, postpartum depression, postpartum psychosis, and that she was in
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her right frame of mind. Again, 11 jurors would have
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held her not guilty under that rationale. One juror held out.
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I think I would have, just from looking at it,
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I kind of empathize immediately with the juror who was
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holding out. I said she did it. Normally, it's a
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high burden to meet the burden of insanity. That's an
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affirmative defense. In other jurisdictions, the burden is on the
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defendant who's asserting the insanity defense to prove that. that
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they were insane or they lacked the capacity to determine
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right from wrong when that action was occurring. In Massachusetts,
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it's kind of backwards. In Massachusetts, once you assert that defense,
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then the prosecution has to prove beyond a reasonable doubt
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that you weren't insane. And when you think about it,
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that's a really heavy burden on the prosecution. So you're
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operating with one hand tied behind your back from that regard. Also,
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regarding the jury, the fact that the defense attorney was
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criticizing the juror for holding fast to his beliefs. Now
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we know it was a man. There was nine women,
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three men, and this one juror, this male juror, was
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held fast to his beliefs that she was guilty.
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I got to tell you, I'm surprised, frankly. I thought
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it would have been a woman.
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Really?
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I mean, I don't know. For me, I just would
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have thought instinct just in terms of... And I understand
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a lot of sympathy for women and dealing with that side.
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But the idea that you killed three of your kids
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and the manner in which she murdered them was pretty severe.
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And I thought, okay, well, maybe. But I don't know.
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I was just a little bit... That's just me. It
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was just my evaluation of it.
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I can see from that point of view. I think what...
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The one thing I want to say about her defense
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attorney who came out and was criticizing this man, he
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really crossed the line here. And he should know better
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as a trial attorney that the jurors are separate and apart.
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You don't come out after the fact and criticize individual
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jurors and give facts out there that would enable people
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to identify who those jurors were. It's just not done.
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You want to preserve the sanctity of the jury system.
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Because you want people to be able to serve on juries,
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ideally go into the trial as objective as possible without
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any preconceptions or preconceived notions, and be able to present
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and analyze the facts as presented to them by the attorneys,
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by the prosecution, and by the defense throughout the trial process.
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And you don't want attorneys criticizing individual jurors after the fact.
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And you certainly don't want people to pigpile on somebody
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that disagrees. With his position. And so then what do
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you do for juries going forward, going, look at, you know,
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I don't want to participate. I don't want to take
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the risk of putting my family in danger or me
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in danger because I didn't go along with the crowd
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or something.
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And I have to risk that some angry defense attorney
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or prosecutorial, some angry attorney after the fact is going
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to identify me and then make me a target. That's
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where it crosses the line. Again, he should know better
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than this. I really think from my perspective that when
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I was listening to him talk, I was watching when
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the judge announced the mistrial. And they had the cameras
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focused on the defense attorney. And you could see him raging.
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You could see, you could just see him, the ire
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was just burning off of him. So you knew he
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was angry. And obviously after, when he came out and
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was on the courthouse steps giving the interviews, he was
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clearly very angry. And I can, I guess I can
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understand that he invested tons of time.
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Well, he was passionate even in his closing as well,
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you know, and that's where I thought he may have
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lost it because, and where the prosecution I thought did
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a better job in presenting their case because they were,
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they were reasonable. They were calm. He was very emotive.
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And when you get that emotive, It's like you run
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the risk of really alienating people, in my humble opinion.
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He did.
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But I think generally speaking, that's how it is in
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a trial, right? The prosecution is the straightforward, just the facts.
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And then the defense will present the emotions. We'll play
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on the emotions. We'll get to that in a second.
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But the problem, it's interesting in this, in that so
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often the unanimity factor of a jury is paramount, right?
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And if you have, and that normally is a, is a,
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is a, is good for a defense attorney, right? Think
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about the 12 angry men. All you have to do
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is create reasonable doubt with one juror and you can
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get a mistrial. And that's oftentimes what you shoot for.
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But in this case, it was funny that you have
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a defense attorney actually criticizing the unanimity and criticizing the
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one juror standing on his principles. Because defense attorney, we
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all want jurors to stand on their principles generally, but
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defense attorneys particularly would say, criminal defense attorneys, you want
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the one juror to be able to hold out against
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because so oftentimes it's the other way around. It's everybody's
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pushing for the guilty verdict and there's one or two
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people that's standing out. No, you haven't met the reasonable doubt.
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But again, here, it's kind of all got flipped on
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its head because in Massachusetts, you have this whole insanity defense.
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The reasonable doubt is on the prosecution to prove that
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the person wasn't crazy beyond reasonable. So it's kind of
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an odd situation. All that being said, I think what
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your problem here is on the jurors, you're getting some
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interviews from some of the female jurors who were sitting,
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who were in panel here. And what's coming out is
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a couple of problematic things as well, is the fact
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that they were considering evidence that wasn't necessarily presented to
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them in trial. I think some of them had some
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nursing experience and were able to talk about the effects
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of medicine on the mental state of the defendant. and
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they were bringing in facts that weren't introduced in evidence,
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that weren't presented via an expert. Normally in these trials,
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what you have is you have expert witnesses will present
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how does a given medicine affect a person, right? If
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you're a postpartum and you're taking such and such medicine,
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how does that affect it? Or how can that affect them?
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And the jurors are obligated to take that and weigh
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the veracity of the expert witness versus another expert witness
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and say, who's more likely to be telling the truth?
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And that's how they're supposed to deliberate it. They shouldn't
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be considering facts or opinions from other people. And I
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think that that was probably one of the problems here
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that's indicated from one of these jurors that they were considering,
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nurses were saying, well, it's not necessarily that.
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No, no, no.
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You can't consider evidence outside of that's presented to you
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in trial. And I think that's the problem here. One
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other interesting thing from the jurors that are giving these
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interviews is that they were talking about the lack of
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compassion that was on display. And this kind of gets
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back to what we were talking about before, the lack
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of compassion on display from the prosecutors.
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Okay.
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So, and they were saying right from the get-go, they
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weren't demonstrating the requisite compassion for Ms. Clancy.
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Yeah.
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Mike, hang on one second. We got to go to
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quick break. Let's pick it up on the other side.
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We got more from Mike O'Neill after this. Stay with us.
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book earns approval, we take care of everything. Editing, designing, printing, promotion,
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and widespread online and in-store distribution. Picture your book gracing
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the shelves of specialty Christian bookstores, Amazon, Barnes & Noble,
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