Lindsay Clancy mistrial declared after higher court denies emergency appeal over one juror's behavior
The Lindsay Clancy murder trial ended in a mistrial Friday afternoon, after jurors announced for a third time that they were unable to reach a unanimous verdict. It capped a day in court filled with turmoil and arguments over one juror's behavior during deliberations.
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"It is with a heavy heart that we report we are unable to come to a unanimous decision," the jury's note to the judge read.
The 12 jurors deliberated for more than 36 hours over the course of seven days, after hearing 85 witnesses testify during the trial. Twice before, they reported to the judge that they were deadlocked and he told them to return to deliberations, but ultimately there was no agreement.
Last-minute verdict delay
The official end to the trial came hours after Plymouth Superior Court Judge William Sullivan first told attorneys he was declaring a mistrial. Moments before jurors entered the courtroom, defense attorney Kevin Reddington requested an emergency delay so that he could file an appeal with the Massachusetts Supreme Judicial Court.
A mistrial is not official until announced in the presence of jurors.
"I'm asking for time to file a single justice appeal of this travesty," Reddington said.
Sullivan gave him one hour to contact a justice. An SJC hearing was scheduled for 1:30 p.m.
During that hearing, which happened over video conference, defense attorney Dana Goldblatt argued that jurors should be further questioned about the behavior of a single juror during deliberations. It's a motion that was denied by the trial judge earlier Friday. According to a note from the jury foreperson, that one juror was not following the law regarding reasonable doubt.
Justice Dalila Argaez Wendlandt took the matter under advisement. A short time later, she issued her decision not to intervene in the proceedings.
At 2:22 p.m., Judge Sullivan called the jury back and officially declared a mistrial.
Plymouth Country District Attorney Tim Cruz said the state will announce at a later day whether they will retry Clancy, though trial analysts have told CBS Boston they expect that will happen.
She admitted to killing 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan in their Duxbury home on Jan. 24, 2023. However, her attorneys argued that she was not criminally responsible because she was overmedicated and suffering from postpartum psychosis. Prosecutors said Clancy planned to strangle her children and knew right from wrong.
Deadlocked jury and single holdout
At the end of the day Thursday, it appeared the jury was split 11 to 1. The jury foreperson sent a note to Sullivan claiming that a single juror was not following the court's orders about reasonable doubt.
According to Reddington, the foreperson wrote that the juror "has made statements acknowledging doubt but refuses to apply it to the verdict as the law states."
Sullivan denied a motion by Reddington to dismiss that juror and a second request on Friday to further question jurors on the matter. Instead, the judge repeated his instructions to the jury on the meaning of reasonable doubt. "You are required to follow my instructions on the law as I gave them to you," Sullivan said in part Thursday.
Jurors returned to deliberations at about 9:30 a.m. Friday, before again announcing they were deadlocked around 11 a.m.
To reach a verdict, the jury had to unanimously agree on one of five options: not guilty by reason of insanity, not guilty, first-degree murder, second-degree murder or manslaughter.
With a mistrial, Clancy will return to Tewksbury Hospital, a psychiatric facility where she's been held for the last three years, to await the next steps in the case.
Friday morning arguments over Clancy juror
At the start of Friday, Sullivan held a hearing, without the jury present, to determine if the panel should be further questioned about the holdout juror. That was based on a request from Clancy's attorney. The hearing was short, but tense.
"I would go so far as to say he lied under oath," Reddington said, inadvertently indicating the juror was a man.
Sullivan rejected the request.
"I'm not going to do a further inquiry of this juror," the judge said. "It's their duty to accept the law as I've given it to them."
This is the decision that led Reddington to appeal to the SJC.
Mental health help
If you or someone you know is in emotional distress or a suicidal crisis, you can reach the 988 Suicide & Crisis Lifeline by calling or texting 988. You can also chat with the 988 Suicide & Crisis Lifeline here.
For more information about mental health care resources and support, the National Alliance on Mental Illness HelpLine can be reached Monday through Friday, 10 a.m. to 10 p.m. ET, at 1-800-950-NAMI (6264) or email info@nami.org.
