Jurors weighing the charges in Lindsay Clancy’s murder trial informed the judge Tuesday morning that they had reached an impasse, then left the Massachusetts courthouse later in the day after a fourth round of deliberations ended without a verdict.
The panel wrapped up for the afternoon at about 3:30 p.m., telling Plymouth Superior Court Judge William Sullivan they wanted to stop for the day and resume discussions Wednesday at 9 a.m.
Before dismissing them, Sullivan acknowledged the jurors’ efforts, saying, “I just want to thank you for all your hard work and commitment so far in this case.”
The day began with jurors deliberating for less than an hour before sending a question to Judge Sullivan shortly after 10 a.m.
Reading the jury’s note aloud in court, Sullivan said, “After many hours of deliberation, we are unable to come to a unanimous decision.”
Rather than declare an end to the process, the judge instructed jurors to return to the deliberation room and keep working through the evidence privately. They remained there until proceedings concluded for the day.
WBZ-TV reporter Kristina Rex, who was inside the courtroom, said neither Clancy nor her relatives showed any obvious reaction when the deadlock was revealed. Rex noted that defense attorney Kevin Reddington had spoken quietly to them beforehand, suggesting they may have been aware of what the jury’s message contained.
Speaking outside court after the session ended, Reddington described the ongoing jury deliberations as “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.
Outside of Plymouth Superior Court Tuesday afternoon, sources told Rex that someone was arrested for filming jurors, who saw that they were being recorded.
Greg Derr/The Patriot Ledger via AP, Pool
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 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.
“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.”
“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.”
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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