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Jurors tell judge with ‘heavy heart’ they cannot reach unanimous verdict
This is the note the judge read out from the jury, informing him for the third time that it could not reach a verdict:
It is with a heavy heart that we report we are unable to come to a unanimous decision and will not be able to.
Asked for their views by the judge, the prosecution agreed it should go to a mistrial, while the defence argued for the jury to be sent back to deliberate further.
Key events
If a mistrial is declared, the prosecution could decide to pursue a retrial and try again with a new jury, or they could offer a plea deal to Lindsay Clancy’s attorney. They could also decide to drop the case.
When asked on Wednesday about the prospect of a retrial, Clancy’s lawyer Kevin Reddington had said he was prepared to “try the case next week”.
If a new trial is declared, in the meantime, Clancy would remain in the psychiatric facility she’s been held in.
After the judge read out the note from the jury, prosecutors expressed they were in favour of a mistrial, whereas Lindsay Clancy’s attorney Kevin Reddington had asked the judge to send jurors back to continue deliberating.
In asking the judge to hold off on formally declaring a mistrial, Lindsay Clancy’s defense attorney Kevin Reddington said he wanted to file an appeal directly to the Massachusetts supreme judicial court regarding the apparent holdout juror.
“I believe that this is a situation where there is a clear and present danger that this individual, for some reason … is taking a position that’s intractable regardless of proof beyond a reasonable doubt,” Reddington said.
Jurors tell judge with ‘heavy heart’ they cannot reach unanimous verdict
This is the note the judge read out from the jury, informing him for the third time that it could not reach a verdict:
It is with a heavy heart that we report we are unable to come to a unanimous decision and will not be able to.
Asked for their views by the judge, the prosecution agreed it should go to a mistrial, while the defence argued for the jury to be sent back to deliberate further.
Earlier this week, the 12-person jury – made up of nine women and three men – came back twice to say that it could not reach a verdict and was sent back to deliberate by the judge both times.
This third declaration of deadlock comes a few hours after the judge declined to question a juror who, according to a letter from the jury foreperson on Thursday, had acknowledged doubt about the case but “refuses to listen to the law you have given on reasonable doubt”.
The judge responded by reading out the court’s guidance on reasonable doubt, telling jurors on Thursday:
The charge is proved beyond a reasonable doubt if, after you’ve compared and considered all of the evidence, you have in your minds an abiding conviction, to a moral certainty, that the charge is true.
After the defense argued for the juror’s removal for failing to “listen to the law on reasonable doubt”, the judge declined, saying there was no indication that the juror was refusing to deliberate.
He reminded the jury this morning that they must follow the law “whether they like it or not”.
This dramatic turn of events, as the judge was about to declare a mistrial and call the jury back in, comes after Lindsay Clancy’s defense attorney, Kevin Reddington, asked for an emergency stay.
The judge, William Sullivan, has given him one hour to do so.
Maya Yang
The jury was sent out over a week ago to decide whether the 36-year-old former labor and delivery nurse is criminally responsible for fatally strangling her three children – eight-month old Callan, five-year-old Cora and three-year-old Dawson – in January 2023.
Over the past six weeks, the trial, which has been called “America’s saddest murder trial”, has renewed nationwide attention on postpartum mental healthcare. Clancy’s defense maintains that she was suffering from postpartum psychosis – a condition estimated to affect around two women per 1,000 births – and therefore should not be held criminally responsible for her actions.
Prosecutors from the Plymouth county district attorney’s office, meanwhile, argue that Clancy’s actions were planned and deliberate.
Judge says he will hold off declaring mistrial in Lindsay Clancy trial, giving defense an hour to file emergency appeal
The judge has said he has no choice but to declare a mistrial after the jury remained deadlocked on whether Lindsay Clancy is criminally responsible for killing her three young children.
He was about to bring the jury back into the courtroom after jurors, after almost 40 hours of deliberation, said in a note on Friday that “with a heavy heart” it could not reach a unanimous decision.
However, the judge said he will hold off on formally declaring a mistrial to give the defense an hour to file an emergency appeal.
We’ll bring you all the latest updates as we get them.
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