Chaos erupted in Lindsay Clancy‘s murder trial on Friday when the judge declared a mistrial – then gave her attorney just an hour to launch a last-ditch bid to stop it.
Judge William Sullivan made the announcement after the jury once again said they were deadlocked. He then granted Clancy’s lawyer, Kevin Reddington, an hour to request a review from a higher court.
The group of 12 jurors submitted a note to the judge on Friday morning after deliberating for almost 38 hours. It marked the third time this week that the panel, made up of nine women and three men, were deadlocked.
‘It is with a heavy heart that we report we are unable to come to a unanimous decision and will not be able to,’ the judge read to the court.
Tensions reached a boiling point after Reddington begged the judge to switch out one holdout juror who allegedly refused to follow the law when it came to reasonable doubt yesterday.
It appeared that the juror was certain Clancy was guilty and voted that way. Reddington claimed on Thursday that they were doing so despite having ‘reasonable doubt.’
Clancy is on trial for killing her three children, Cora, five, Dawson, three, and Callan, eight months, at her Duxbury, Massachusetts, home in January 2023.
The former labor and delivery nurse has pleaded not guilty in her case, citing postpartum psychosis, and if found not criminally responsible for the three murder charges, will be sent to a state mental health facility.
Prosecutors acknowledged that Clancy was mentally ill, but maintain that she knew what she was doing at the time of the killings.
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WATCH: Lindsay Clancy case declared a MISTRIAL: How court chaos unfolded
Breaking:Reddington asks to file an emergency stay to appeal
Reddington jumped up as the jury was brought in and declared that he was filing a motion.
‘Your Honor, while we’re waiting for the jury, forgive me for raising this issue. I would ask that before you formally declare a mistrial, that the court afford us to take a 2.11.3 appeal direct to the Supreme Judical Court,’ he said.
‘I further raise the issue of the Americans with Disabilities Act. I believe that this a situation where there is a clear and present danger that there is an individual, for some reason, what it is we don’t know, but is taking a position that’s intractable regardless of proof beyond a reasonable doubt.
‘I want an opportunity to take an appeal.’
Court on lunch break
The court is taking a lunch break from 1pm to 2pm ET.
Defense appeal has been filed
Attorney Dana Goldblatt filed the emergency appeal on behalf of Lindsay Clancy’s defense attorney, Kevin Reddington, at 12.29pm on Friday.
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Lindsay Clancy’s family is solemn amid near-mistrial chaos
Clancy appears downcast as judge calls for near mistrial
Defense cites Karen Read case
Kevin Reddington cited the Karen Read trial and asked the judge to poll the jury.
‘I’m asking that the court would entertain a poll of jurors as to whether or not there has been a decision on murder one, murder two, manslaughter, anything like that,’ he said.
‘And if that’s the case, I would argue that double jeopardy is attached and those charges cannot be prosecuted again.’
Judge gives defense attorney ONE HOUR to file emergency appeal
Judge Sullivan asked Reddington how long he would need to file the emergency appeal.
Reddington said he would have it filed by the end of the day and could deliver arguments tomorrow.
‘So we’re going to tell this jury to come back tomorrow?’ Sullivan questioned. ‘As they’re walking in, you’re asking for this. I’m just trying to find out what it is that you’re asking for.’
‘What I’m asking for is time to file a single justice appeal for this travesty,’ Reddington replied.
‘So you’re asking for an emergency stay at this point?” Sullivan asked. Reddington replied: ‘Yes.’
Sullivan ruled: ‘If you wanted to go up and petition to the [court] for a stay, I’ll give you an hour before we bring the jury back down.’
Judge says he will declare a mistrial
The judge announced he intended to declare a mistrial.
‘I don’t feel I have any choice but to declare a mistrial,’ Judge Sullivan said.
Defense asks judge to continue deliberations
Reddington argued the jury could be sent back to continue deliberations.
‘My understanding is that this court has the discretion to have the jury sent back for the second time,’ he said.
‘The fact that the jury foreperson wrote very unusually, “it is with a heavy heart that we are unable to come to a decision,” based on the earlier questions that we have, I think it would be a sound and wise decision to send this jury back.’
Prosecution requests mistrial
After the judge announced that the jury could not reach a verdict, he asked the attorneys to comment.
The prosecution asked the judge to declare a mistrial.
‘Your Honor, from the Commonwealth’s perspective, since the Tuey instruction has already been given and then there was deliberation after that, I think that it would require a mistrial at this point,’ Sprague said.
