Kevin Reddington, Lindsay Clancy’s defense attorney, filed an emergency motion Friday morning related to sidebars in the high-profile trial.
The single-page motion asks the court for a standing order “that there will be no further side bars and this trial and all related proceedings will be handled in open court.”
The motion came before a heated moment in the courtroom between Reddington and Judge William Sullivan, both of which followed a stunning day in court Thursday where the jury’s foreperson told the judge a single juror won’t follow the court’s instructions about reasonable doubt.
The extraordinary disclosure was made in the form of a note delivered to the judge offered the clearest glimpse yet of what may be keeping jurors from reaching a verdict on whether the Massachusetts mother is criminally responsible for killing her three children.
The jury has twice told Judge William Sullivan that it is unable to agree on a verdict. On Thursday, Sullivan brought in each juror individually and questioned them in private. The judge then reread his instructions on reasonable doubt before sending them back to continue deliberating.
Reddington, then asked Sullivan to dismiss the juror from the case, arguing the person had refused to follow the judge’s instructions. Prosecutors objected, and Sullivan declined to remove the juror.
“I don’t feel it is proper for me to side with one side or the other of the deliberations,” the judge said. “I don’t feel it’s appropriate for me to say, ‘I agree with one juror or the 11.’ I have asked if they are able to follow my instructions. They swore earlier that they could.”
At one point and for the first time in the trial, Clancy was brought to join a sidebar conversation with the judge. Paralyzed from the waist down after her suicide attempt, Clancy uses a wheelchair, which Reddington pushed to the front of the courtroom.
“She has a right to know what’s going on,” he later told reporters.
Clancy, a 36-year-old former labor and delivery nurse, doesn’t deny strangling her children in the basement of their home in 2023 before trying to take her own life. Her attorney argues that postpartum psychosis led to her actions, while prosecutors say she knew what she was doing when she killed Cora, Dawson and Callan Clancy, ages 5, 3 and 8 months.
The prosecution argues she deliberately sent her then-husband on errands to get him out of the house, and prosecutors have questioned the seriousness of her suicide attempt.
The Associated Press contributed to this report.
More on the Lindsay Clancy trial
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