Lindsay Clancy trial jury "unable to come to a unanimous decision," but judge tells them to keep deliberating
The jury in Lindsay Clancy's murder trial is deadlocked, they told a judge after entering their fourth day of deliberations Tuesday in Massachusetts.
They met for less than an hour to start the morning and then had a question for Plymouth Superior Court Judge William 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.
According to WBZ-TV's Kristina 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.
The jury of nine women and three men has deliberated for about 18 hours since they were given the case last Thursday in Plymouth Superior Court.
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.
What is Tuey Rodriguez?
If they come 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 re-try Lindsay Clancy again," said WBZ-TV legal analyst Jennifer Roman.
In Read's case, she was re-tried.
"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 re-try the same case again," Roman said.
"If it ends up being a hung jury and the prosecution decides to re-try 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."
"Reaching the end of their deliberations"
"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. So, I suspect we'll hear something again from the jury before the end of this day."
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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