Clancy defense seeks emergency stay as judge moves to declare mistrial

(TNND) — Lindsay Clancy’s defense team is seeking an emergency stay after a Massachusetts judge was about to declare a mistrial Friday, arguing the deadlocked jury should not be dismissed without being polled on the charges it could not resolve.

On its seventh day of deliberations, the jury said it remained unable to reach a verdict, writing, “It is with a heavy heart to report that we haven’t come to a decision and are unable to do so.”

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The panel had previously twice told the judge it was deadlocked. Defense attorney Kevin Reddington had accused one juror of failing to follow the court’s instructions on reasonable doubt and asked Judge William Sullivan to remove the juror. Prosecutors objected, and Sullivan declined.

On Thursday, Sullivan questioned each juror privately before rereading his instructions, telling them proof beyond a reasonable doubt does not mean proof beyond all possible doubt. He also reminded the panel that the burden of proof rests with the prosecution.

“I don’t feel it is proper for me to side with one side or the other of the deliberations,” Sullivan said. “I don’t feel it’s appropriate for me to say, ‘I agree with one juror or the 11.’”

Clancy, 36, is charged with killing her three children — Cora, 5, Dawson, 3, and Callan, 8 months —in 2023. She has pleaded not guilty by reason of insanity, with her lawyers arguing she was experiencing postpartum psychosis; prosecutors contend she understood her actions.

Clancy does not deny strangling the children in her basement with exercise bands before attempting suicide. Prosecutors argued she deliberately sent her husband on errands to get him out of the house before the killings.

The defense wants the jury polled to determine whether it reached unanimous agreement on any of the charges or lesser-included offenses. If jurors agreed on some counts but remained deadlocked on others, the judge could accept those verdicts and declare a mistrial only on the unresolved charges

If the mistrial stands, prosecutors will decide whether to pursue a new trial. An emergency stay would temporarily halt the mistrial declaration while the defense asks a higher court to intervene.