Lindsay Clancy jury says it is still deadlocked, judge gives final "dynamite" instruction
The jury in the Lindsay Clancy murder trial told Plymouth Superior Judge William Sullivan that they remain deadlocked after more than 27 hours of deliberations. It is the second time they have told the judge they cannot reach a verdict, leading Sullivan to read what is known as a final "dynamite" instruction.
The nine women and three men have been deliberating over the course of five days since getting the case in Plymouth Superior Court last Thursday.
They sent a note to Sullivan Tuesday morning saying they were "unable to come to a unanimous decision," but he sent them back to keep discussing the case. They sent a similar note on Wednesday around 2:15 p.m.
In response, Sullivan read what are called the "Tuey-Rodriguez" instructions to the jury. After reading jurors the instruction, Sullivan sent them back out of the courtroom to continue deliberations.
In Massachusetts, this is a last resort instruction aimed at getting the jurors to reach a verdict. WBZ-TV's Kristina Rex, who has been in the courtroom for the trial, said the instruction is considered a "Hail Mary." This instruction, also known as the "dynamite charge," happened in Karen Read's first trial in 2024.
The instruction was also used during the Massachusetts trial of Emanuel Lopes in 2023. Lopes was charged with the murder of Weymouth Police Sgt. Michael Chesna in 2018. His first trial in 2023 ended in a mistrial due to a hung jury.
During the retrial in 2024, the jury told the judge three times that it was deadlocked. The jury eventually reached a unanimous guilty verdict after six days and 32 hours of deliberations.
Lindsay Clancy jury options
Clancy is charged with the first-degree murders 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 can unanimously vote for one of five options - not guilty by reason of insanity, not guilty, first-degree murder, second-degree murder or manslaughter.
A hung jury could eventually lead to a mistrial. It has happened twice recently in Massachusetts - in 2023 in the case of Emanuel Lopes, who was charged with the murder of Weymouth Police Sgt. Michael Chesna, and in 2024 in the first Karen Read trial.
Clancy's attorney Kevin Reddington said she was not criminally responsible 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.
"We really don't know what's going on in that jury room, and we don't know what they're grappling with," said WBZ-TV legal analyst Jennifer Roman.
"Maybe they've reached a decision about not guilty by reason of insanity, but they don't know which charge. Maybe they've decided on the charge, but don't know if it's a guilty or not guilty by reason of insanity, or if it's some combination of those two things. We just don't know."
Reddington has called out Plymouth District Attorney Tim Cruz for charging Clancy with first-degree murder, which makes a jury trial mandatory.
If Clancy had been charged with second-degree murder, a plea deal could have been a possibility and there would have been an option to have the judge decide the case rather than a jury.
WBZ-TV's Penny Kmitt asked Reddington what Clancy had to say about potentially facing another trial.
"Generally, I don't talk about what I talk to clients about," Reddington said as he was swarmed by reporters and photographers on his way into court Wednesday morning.
Woman accused of filming jurors
A woman was arrested Tuesday afternoon outside of the courthouse. Dawn Light, 56, of Sutton, Massachusetts, is accused of filming jurors as they left court.
The retired nurse was arraigned Wednesday in Plymouth Superior Court on a charge of intimidation of jurors. A not guilty plea was entered on her behalf. Her attorney said Light was trying to get a picture of Lindsay Clancy and didn't intend to record video of any jurors. She was released on a promise to return to court on Oct. 15.
According to Reddington, trial Judge William Sullivan asked the jury about Light's arrest before they started their deliberations Wednesday, but no further details were available.
If the jury convicts Clancy 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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