The judge has said he intends to declare a mistrial in the Lindsay Clancy case, but he gave the defense one hour to seek an emergency stay.
Around 11 a.m., jurors sent a note to Judge William Sullivan saying they remained deadlocked. and Sullivan declared a mistrial after hearing from prosecutors and the defense. Prosecutors argued in favor of a mistrial, but defense attorney Kevin Reddington argued for additional deliberations.
Before the jury was brought in, Reddington asked the judge to hold off on bringing in the jury and Sullivan agreed to delay the proceedings by one hour to allow Reddington to seek an emergency stay of his decision from a single justice of the Supreme Judicial Court.
Court began around 9 a.m.. Friday, with attorneys for both sides addressing how Thursday’s jury note should be handled.
Assistant District Attorney Jennifer Sprague argued that there is no reason to interview or dismiss the single holdout juror, because they have not indicated any lack of impartiality or inability to deliberate.
Reddington disagreed, even accusing the juror in question of lying to the judge.
“There is one person who is refusing to apply the law to the facts determined for reasons not arising out of the case but are personal to the juror’s position regarding their review of the oath and how they should apply their oath,” he said. “I have never seen a situation like this where a foreperson on the jury is so courageous as to speak on behalf of 11 jurors and indicate that juror number — which I will not mention — ‘has made statements acknowledging doubt but refuses to apply it to the verdict as the law states.'”
Reddington added that the juror in question, who he referred to as a man, “has made a false statement under oath to this court” and is refusing to apply the judge’s instructions on proof beyond a reasonable doubt.
Ultimately, Sullivan said he would not interview or dismiss the holdout juror, instead ordering the jury to continue their deliberations.
“I see no need for the inquiry of this particular juror,” he said. “That note does not indicate this is a person who has refused to follow the law.”
That led to a heated exchange between Reddington and Sullivan, with the defense lawyer accused the judge of “glossing over” the issue of the holdout juror.
Emergency motion filed Friday
This came after Reddington 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 comes after an extraordinary disclosure made Thursday 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.
Reasonable doubt instructions
The jury has twice told 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.
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
Kevin Reddington’s request
Clancy’s lawyer, 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.”
Could a mistrial be declared?
Clancy’s livestreamed trial has generated intense interest, with reporters and spectators packing the courtroom. The case has also sparked deep public divisions over her culpability and the issues around maternal mental health after childbirth.
If the jury ultimately can’t agree on a verdict, the judge could declare a mistrial. Prosecutors would then have to decide whether to put Clancy on trial again, drop the charges or try to negotiate a plea deal with her lawyer.
If the jury decides Clancy was criminally responsible for her actions, it could convict her of either murder or manslaughter. If she is acquitted, a judge could still order her confined to a mental health facility if an evaluation determines that she poses a danger to the public.
