NORAH O'DONNELL:
00:00:36
With us now is CBS News contributor Caroline Polisi. And, Caroline, thank you. We are so glad you're here. Big news this morning from Lindsay Clancy's attorney. What did you make of that?
CAROLINE POLISI:
00:00:47
Huge news. He's going to make a motion to bar a retrial. Typically, when you have a mistrial, double jeopardy doesn't apply, which means the prosecution can come right back and charge on the same charges. He's making a motion based on double jeopardy based on this one juror, who apparently had reasonable doubt, but refused to apply the law to-- refuse to apply his conscience to the law. He was a holdout. So what he's arguing is that it was not a manifest necessity for the judge to call a mistrial. And essentially, the judge should have inquired further, as to whether or not this juror could maintain his oath. That's a huge deal, you guys. If he wins that motion--
GAYLE KING:
00:01:29
Does that mean she would go free? --she would go free. No punishment whatsoever? Zero punishment, because she would no longer be under an indictment. I think it's a long-shot motion, but the more likely, the better outcome, or if there is a retrial, a not guilty by reason of insanity verdict. What that does is it puts her in civil confinement, which means she's in a mental facility up for review each year, based on her doctor's assessment of whether or not she is a danger to herself or others. So there's a big difference there. And what about Patrick Clancy? There have been so many conspiracy theories out there, that he may have been more involved in what happened to the children. We now heard something different from Mr. Reddington today.
CAROLINE POLISI:
00:02:17
Yeah, this was the first full-throated statement that Kevin Reddington has made regarding these conspiracy theories. He came out pretty adamantly refuting those theories. And I think that that's going to go a long way, in terms of the TikTokers and the Instagram creators of the world feeling like this is a real possibility. From a strategic standpoint, what would you grade Reddington's defense strategy?
CAROLINE POLISI:
00:02:48
A+. I mean, Kevin Reddington is an exceptional defense attorney. I don't care how you feel about this case. He outlawyered those prosecutors at every step.
NATE BURLESON:
00:02:59
That's part of the process. That is part of the process. The jury liked him. Remember, they said he was arrogant--
GAYLE KING:
00:03:05
Arrogant. --but it worked. Entertaining, arrogant, compassionate. He humanized Lindsay Clancy-- Yes. --like nothing else I've seen. As a defense attorney, he is the greatest.
NATE BURLESON:
00:03:16
Because performance is also part of? It is. Right?
CAROLINE POLISI:
00:03:19
It is.
GAYLE KING:
00:03:19
It also matters if the jurors like you, too. And they also said that they didn't care for the prosecution. Yes. They didn't think that they showed any humanity, which I thought was interesting. And Kevin Reddington made that point in his cross-examination. He did it in a subtle way. Sometimes, he did it in a not so subtle way, but it worked.
NATE BURLESON:
00:03:36
I always learn so much when you're at the set.
GAYLE KING:
00:03:38
I do, too.
NORAH O'DONNELL:
00:03:39
Yes, thank you.
NATE BURLESON:
00:03:39
I take whatever you say directly home-- Thank you. --and bring you up in the household. Caroline, thank you.
