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The jury deciding Lindsay Clancy's fate will return for a fifth day of deliberations after reporting it was deadlocked in the Massachusetts mother's murder trial on Sept. 1.
Around 10 a.m. ET on Sept. 1, the jury notified Judge William Sullivan that they had a question. Sullivan called the jurors and both parties back into the courtroom, where he read a note from the group of nine women and three men saying they have been unable to come to a unanimous decision.
Sullivan urged the jurors to continue deliberating, citing the extensive evidence they have to review.
"I brought you
back out because I know that this was a long trial. I know there were over 80 witnesses, there were over 300 exhibits, but because of that, I'm gonna ask you to go back out, keeping in mind all of the instructions I gave you, to go out and to continue your deliberations at this time," he said.
After deliberating for several more hours, the jury asked to leave for the day slightly earlier than usual around 3:30 p.m. and return for continued deliberations at 9 a.m. on Sept. 2.
The case was handed to the jury on Aug. 27 after weeks of testimony. Clancy, 36, has pleaded not guilty to three counts of murder in the January 2023 strangulation deaths of her three children – Cora, 5, Dawson, 3, and Callan, 8 months – at the family's Duxbury, Massachusetts, home.
Prosecutors allege Clancy planned the killings by sending her husband to pick up takeout food and medicine, then, while he was gone, strangling the children with exercise bands. Afterward, Clancy cut her wrists and neck and jumped out of a second-story window, leaving her paralyzed.
Clancy is arguing that she is not guilty because she lacks criminal responsibility – more commonly known as an insanity defense. Her attorney, Kevin Reddington, cited her struggling with postpartum depression and psychosis at the time of the killings.
Lindsay Clancy jury says it is deadlocked. What happens now?
The jury said it was deadlocked on a verdict in the trial of Lindsay Clancy. The judge sent them back into deliberations, pushing them to continue reviewing the evidence.
Because the jury must make a unanimous decision, if they cannot agree, the judge may ultimately decide to declare a mistrial.
However, before deciding to declare a mistrial, a judge often urges the jury to continue deliberations.
If the jury still cannot make a decision, the judge can choose to formally give them a special set of instructions known in Massachusetts as the Tuey-Rodriguez charge, which comes from two Massachusetts Supreme Judicial Court cases.
By comparison, in another high-profile murder case in Massachusetts,Karen Read's first trial in 2024 ended in a hung jury. She was found not guilty of murder in a retrial last year.
What happens if the Lindsay Clancy trial ends in a hung jury?
If the Lindsay Clancy trial ends in a hung jury – officially known as a mistrial – that does not necessarily mean the case will be over.
Prosecutors can opt to retry a case after a mistrial. If they do, the case will be brought before a court in an entirely new trial that will ultimately be decided by a new jury.
Mistrials do not only result from hung juries. They can also be caused by procedural errors, according to Cornell Law School.
Lindsay Clancy jury asked question about evidence early in deliberations
Before the jury indicated that they are deadlocked, they had a question early in deliberations.
On Friday, Aug. 28, the jury asked Sullivan to view empty pill bottles and the knife found on the nightstand in Clancy's upstairs bedroom, Reddington confirmed to The Patriot Ledger, part of the USA TODAY Network.
The question was not read in open court; Sullivan spoke with attorneys at sidebar about the request, and the discussion was inaudible to others in the courtroom.
What are the possible verdicts in the Lindsay Clancy trial?
There are several options on the verdict slip in the Clancy trial:
- Not guilty
- Not guilty by lack of criminal responsibility
- Guilty of murder in the first degree
- Guilty of murder in the second degree
- Guilty of manslaughter
If the jury finds Lindsay Clancy guilty, it must also determine what degree of murder she should be convicted of.
The degree of the murder conviction would impact the length of a prison sentence; if she is convicted of first-degree murder, it carries a mandatory life sentence in Massachusetts.
If the jury finds her not guilty or lacking criminal responsibility, under Massachusetts law, the sentence typically requires the defendant to undergo a mental evaluation and likely a commitment to a state hospital for treatment.
Clancy has been held at Tewksbury Hospital, a facility in Tewksbury, Massachusetts, for court-ordered mental health treatment since May 2023.
Melina Khan is a national trending reporter for USA TODAY. Keep up with her on X @melinakh and Instagram @bymelinakhan.
This article originally appeared on Palm Beach Post: Lindsay Clancy trial, no verdict as deliberating continues after deadlock
