Lindsay Clancy trial jury "unable to come to a unanimous decision," dismissed for day without verdict

The jury in Lindsay Clancy's murder trial told the judge Tuesday morning they are deadlocked, and left a Massachusetts courtroom hours later after a fourth day of deliberations without reaching a verdict.

Deliberations ended for the day around 3:30 p.m. when the jury told Plymouth Superior Court Judge William Sullivan they wished to be dismissed for the day and return Wednesday at 9 a.m. 

"I just want to thank you for all your hard work and commitment so far in this case," the judge told jurors before sending them home for the day. 

Outside of court Tuesday afternoon, sources told WBZ-TV's Kristina Rex that someone was arrested for filming jurors, who saw that they were being recorded.     

Earlier, jurors met for less than an hour to start the morning and then had a question for Judge Sullivan just after 10 a.m.

"After many hours of deliberation, we are unable to come to a unanimous decision," Sullivan said as he read the note from the jury in court.

He sent them back to continue their deliberations in private. They remained there until court ended for the day.

According to Rex, who was in the courtroom, there were no noticeable reactions to the deadlocked jury from Clancy or her family. Rex reported that Clancy's attorney, Kevin Reddington, had whispered to them before the announcement so they presumably knew what was coming.

Reddington said outside of court at the end of the day that the deliberations are "nerve-wracking." 

The jury of nine women and three men has deliberated for more than 23 hours since they were given the case last Thursday.

Clancy, 36, has pleaded not guilty to first-degree murder in the deaths of her three children, Cora, 5, Dawson, 3, and Callan, 8 months, in their Duxbury home on Jan. 24, 2023.

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.

The jury heard testimony from 85 witnesses and they're also looking at more than 200 pieces of evidence. 

Kevin Reddington calls out Plymouth DA Tim Cruz

While leaving court for the day, Reddington called out Plymouth District Attorney Tim Cruz for charging Clancy with first-degree murder, which makes a jury trial mandatory. If the charge had been second-degree murder against Clancy, a plea deal could have been a possibility and there could have been an option for the judge to decide the trial instead of the jury.

"He's got the indictments. I have no control over what Mr. Cruz or his assistants do with the indictment. Right now it's three counts of first-degree murder. Cannot waive the jury. There's no plea bargaining or nothing. Cruz wants his triple homicide convictions, consecutive life sentences with Lindsay. A judge can't do anything about it and I can't do anything about it," Reddington told reporters.

Cruz was in the courtroom at the end of the day when jurors were sent home.

What is Tuey-Rodriguez?

If the jury comes back deadlocked again, Judge Sullivan will meet with the attorneys from both sides and then read what are called the "Tuey-Rodriguez" instructions to the jury. 

In Massachusetts, this is a last resort instruction aimed at getting the jurors to reach a verdict. This instruction, also known as the "dynamite charge," happened in Karen Read's first trial in 2024.

Hung jury and mistrial

If the jury comes back deadlocked a third time, a mistrial will be declared.

"If a mistrial is in fact declared, the prosecution then needs to make a decision about whether or not they retry Lindsay Clancy again," said WBZ-TV legal analyst Jennifer Roman.

In Read's case, she was retried.

"The prosecution would have the ability to do that same thing here with Lindsay Clancy's case. There's no double jeopardy because she's never been convicted of anything. That's what allows the prosecution to retry the same case again," Roman said.

Roman was asked what happens next if there is a mistrial.

"Then the prosecutor's office has to decide whether or not the retry Lindsay Clancy. And there's every indication at this point that if this jury is a hung jury, that the DA's office would seek to prosecute her again," Roman said.  

"If it ends up being a hung jury and the prosecution decides to retry the case, I think they're going to present their case a little bit differently from the get -go with the hopes for a different result at the end of a second trial," she added 

"Reaching the end of their deliberations"

Roman said there are signs that the jury could be reaching the end of the road.

"The judge will give the jury as much time as they need, but the jury has signaled to us they are reaching the end of their deliberations," Roman said Tuesday. "This jury just doesn't seem to have another 20 hours left in them, for example."

If Clancy is convicted 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.

"I just have really strong faith in them that they're so attentive, so diligent, so hard working. I think they really listened to the judge and his instructions," Reddington told reporters as he entered court Tuesday.

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