Lindsay Clancy murder trial jury leaves without verdict, defense attorney says juror "spurned the instructions"
A sixth day of jury deliberations in Lindsay Clancy's Massachusetts murder trial ended Thursday without a verdict. Following an animated sidebar late in the day, defense attorney Kevin Reddington unsuccessfully asked for Judge William Sullivan to remove a juror because he claimed they "spurned the instructions" of the court.
The panel of nine women and three men resumed deliberations for a sixth day Thursday morning, even though they've told the Plymouth Superior Court judge twice that they are deadlocked. Clancy has pleaded not guilty to first-degree murder in the strangulation deaths of her three children - 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan - in their Duxbury home on Jan. 24, 2023.
Jurors were sent home for the day just after 4 p.m., set to return Friday at 9 a.m. for a seventh day of deliberations.
What happened in Clancy trial sidebar
About an hour before court ended for the day, just before 3 p.m., a lengthy sidebar began over a juror issue. Jurors were not present for most of this conversation. Much of the discussion was only between the judge and attorneys.
Reddington was expressive, waving his hands and gesturing toward Clancy during the sidebar, according to WBZ-TV's Kristina Rex, who was in the courtroom. At one point during the discussion, Reddington pushed Clancy's wheelchair up to the bench to join the conversation.
Each juror was then briefly called to the sidebar individually, with the judge appearing to ask them a single question.
In open court, Judge Sullivan then reminded all of the jurors, "You are required to follow my instructions on the law as I gave them to you." He proceeded to reread them the definition of reasonable doubt. The jury was sent to continue deliberations around 3:30 p.m., and attorneys spoke to the judge in open court.
As he addressed the judge, Reddington referenced a note from the jury foreperson that claimed, in Reddington's words, one juror "refuses to listen to the law." He motioned for that juror to be dismissed.
"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. It's a real shame," Reddington said. "And that's why I object to the court's ruling. I request that we have further inquiry. My motion is to remove this juror that refuses to listen to your instruction on reasonable doubt."
The prosecution argued that there is no way to determine which jurors are correct and what is happening in the private deliberations. "I think what Your Honor has done by asking each juror if they're able to follow the law, and then giving a general instruction on reasonable doubt is appropriate," prosecutor Jennifer Sprague said.
Sullivan ruled that he would not be removing the juror. "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 the 11."
Following the exchange as parties left the courtroom to await next steps, Clancy could be seen crying and leaning into Reddington.
After proceedings ended for the day, Reddington told reporters outside the courthouse that he does not want a mistrial, and that there will be additional discussions over the juror issue to start the day Friday morning.
"We'll have an argument about it. I don't think it'll be at the sidebar. I think it'll be in open court, which is my concern that we have arguments in open court, not at sidebar," Reddington said, adding that, "Basically there's a person who has doubt but will not listen to the judge's instructions."
Deadlocked Clancy jury
After declaring they were deadlocked for a second time on Wednesday, Sullivan sent the jurors back into deliberations with one last instruction, known as a "dynamite charge." It's a last resort jury instruction to try to get a verdict. They deliberated for another full day before being sent home Thursday.
"I think that we're at the end of the road here," CBS News legal contributor Caroline Polisi said Thursday morning. "I think it's very unlikely we're going to get a verdict."
Polisi said it's no surprise the jury is divided because public opinion nationwide on the case is split as well.
"It's a microcosm, right? It's not shocking that we're at a complete deadlock, because look at everybody else out here, where nobody can agree out here. So why would the jury agree?" Polisi said.
Jurors were given the option to unanimously vote for one of five options for Clancy - not guilty by reason of insanity, not guilty, first-degree murder, second-degree murder or manslaughter.
Reddington said his client was not criminally responsible for killing her children because she was overmedicated and suffering from postpartum psychosis. Prosecutors said Clancy planned the killings and knew right from wrong when she strangled the children.
If the jury convicts her of first-degree murder, second-degree murder or manslaughter, she will go to prison. If jurors find her not guilty by reason of insanity, she will be required to continue her stay at Tewksbury State Hospital, where her case will be reviewed periodically.
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