A previous version of this AP story suggested the judge was declaring a formally mistrial. The story has been updated to say that the judge says he is going to declare a mistrial, then gives defence 1 hour to appeal. — The judge says he is going to declare a mistrial in the Lindsay Clancy case after jury cannot reach a verdict over responsibility in child killings, then gives the defence 1 hour to appeal.
This is a breaking news update. Reporting by The Associated Press follows below.
PLYMOUTH, Mass. — The judge in the Lindsay Clancy case said he was going to declare a mistrial on Friday before giving her defence attorney an hour to appeal, after jurors said for a third time they could not reach a unanimous verdict on whether the Massachusetts mother was criminally responsible when she strangled her three young children.
The deliberations have taken a dramatic turn late in the week when the foreperson told the judge that a lone holdout was refusing to follow the court’s instructions about reasonable doubt. It offered a rare glimpse of the possible conflict inside the jury room and prompted Clancy’s attorney to demand the juror be kicked off the case.
Read the full story here: Lindsay Clancy trial: A single juror may be stopping verdict
Clancy, a 36-year-old former labour and delivery nurse, doesn’t deny strangling her children in the basement of their home in 2023. Defence attorney Kevin Reddington blamed postpartum psychosis. Prosecutors said she knew what she was doing.
Postpartum psychosis is estimated to afflict 1 to 2 per 1,000 women after delivery. Experts at the Cleveland Clinic describe it as a mental-health emergency affecting someone’s sense of reality. Though most people with postpartum psychosis don’t harm their children, mothers with severe cases may try to do so.
Here’s the latest:
Court is once again in recess, mistrial pending, as the defense appeals
Sullivan and Reddington went back and forth after the judge signaled that he would declare a mistrial and summon the jury to break the news.
Then the judge suddenly gave Clancy’s lawyer time to seek an appeal to stop his mistrial order.
“What I’m asking for is time to file a single-justice appeal for this travesty,” said Reddington, who was upset over Sullivan’s refusal to remove a juror.
“I’ll hold off for an hour,” the judge said.
The clock began around 11:30 a.m.
There was an audible gasp when the judge said he would declare a mistrial
Clancy’s parents, Paula and Mike Musgrove, and her sister, Allison Ozga, showed no reaction but stared straight ahead. Clancy’s expression wasn’t visible to the gallery.
The defense then raised objections and the jury was not brought in.
Judge says he is going to declare a mistrial in the Lindsay Clancy case, then gives defence 1 hour to appeal (Corrects mistrial not formally declared)
Correction: A mistrial was not formally declared.
The court clerk had something to show the lawyers
Prosecutors and Reddington are being brought up to a podium and the court clerk showed them something. It is unclear what it was.
Now they’ve returned to their tables.
There’s no more room
With about 100 people packed inside, a court officer told the public outside “there is no more room” and the courtroom doors were closed.
People are being called back into court
First the media and now members of the public are re-entering the courtroom.
The prosecutors are at their table. Reddington is sitting next to Clancy. Clancy’s parents and her sister are two rows back.
With the court in recess as the jury deliberates, the scene outside is calm
There’s a line for media seats that’s 15 people deep, with journalists either standing or sitting on the floor behind an orange cone after court security moved them back from the door.
The benches outside the courtroom are filled with about 20 members of the public, some dressed in pink to show their support for Clancy. Many are waiting to get a seat in the courtroom, which has been filled to capacity.
Here’s what the judge told jurors about reasonable doubt
Sullivan told jurors on Thursday that “proof beyond a reasonable doubt” is a term that’s “probably pretty well understood though it’s not easily defined.”
“Proof beyond a reasonable doubt does not mean proof beyond all possible doubt,” Sullivan said.
He also reminded jurors that the burden of proof is on the prosecution.
“If you evaluate all the evidence and you still have a reasonable doubt remaining, the defendant is entitled to the benefit of that doubt and must be acquitted,” he said.
“The evidence must convince you of the defendant’s guilt to a reasonable and moral certainty,” he also said.
Judge, defence lawyer clash over his delivery
Reddington urged Sullivan to “forcefully” explain the jury instruction about how to apply reasonable doubt to deliberations, and not use a “soft” approach.
“What do you want me to do? Get a brass band?” the judge responded. “The fact that I perhaps didn’t give it my full inflection — I’m sorry about that but I’m not an actor. I’m just giving the instruction.”
Sullivan then promised to give the instruction again “with more pizzazz,” a remark that caused laughter in the courtroom.
The judge ultimately gave the jurors one more reminder about following his instructions before sending them back to the jury room.
Judge said he’s constrained by statute dealing with juror removal
“That juror told you that he would be able to apply the law to the fact as you asked him. Based on this note from this juror it clearly and unequivocally indicates they are 11-1 and this person will not apply reasonable doubt to the evidence to return a not guilty verdict.”
Sullivan disagreed, saying the law only allows a juror to be discharged for personal reasons having nothing to do with the case or their relationship with the other jurors.
Defence lawyer told judge the juror was lying to him
Before the jury was brought into the courtroom Friday, Reddington beseeched the judge to deal with the juror referenced in the foreperson’s note on Thursday.
“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 a juror, number which I will not mention, and I quote, ‘has made statements acknowledging doubt but refuses to apply it to the verdict,’” Reddington said.
Reddington said the juror “looked you in the eye and lied” when the judge questioned him after receiving the note.
Expert says the judge has to be very careful
Criminal defence attorney Joseph Krowski Jr. has been following the trial and commented outside court about the judge’s challenge at this point in the deliberations.
“The jurors aren’t saying that there’s just a factual disagreement with the holdout — they’re saying that that juror is refusing to follow the law,” Krowski said Thursday evening.
“Now, I don’t want to speculate. I’m not in there, and I don’t know what the disagreement is, and how do we know that that juror’s even right or wrong on the law, but you could see the visceral reaction from attorney Reddington, and it looked like to me that he’s frustrated.”
“Judges have to be careful into inquiring into what’s being discussed during deliberation. So if he gets another communication, then I’m sure he would have a very, very confined, carefully constrained voir dire,” Krowski said. “One more communication that they’re at an impasse would mandate a hung jury, mistrial.”
Judge sends jury back into deliberations room, with one more reminder
“I wanted to remind you, as I instructed you earlier, it is your duty as jurors to accept the law as I gave it to you,” he told them. “You must follow the law as I give it to you whether you agree with it or not.”
“With that, you may now resume your deliberations.”
As for any notes from the jury room ...
Sullivan acknowledged to the jury that he got a note from the jury on Thursday.
“If there are any notes in the future ... make sure we don’t put down where everybody is numerically,” Sullivan told them.
Jury is seated once again
Despite a request from Reddington, Sullivan has ruled that he will not do a further inquiry of the juror.
We are in court. 7th day of deliberations
Court has reopened and reporters and the public have filed in. There is not an empty seat.
The judge is now here and lawyers are discussing further instructions to the jury.
Clancy defence motion seeks all further courtroom debate to be out in the open
Reddington filed a motion Friday requesting a standing order so there will “be no further sidebars” and that “all related proceedings will be handled in open court.”
Sullivan has often used sidebars to discuss legal issues with the defence and prosecution, especially during jury deliberations. During those sessions, no one in court can hear what is being discussed.
Clancy’s lawyer hopes to debate in open court how the judge will question the juror
Defence attorney Kevin Reddington told reporters after leaving court Thursday that the foreperson’s note identified the holdout juror to the judge.
He said he’s hoping that before the judge questions that juror on Friday, attorneys on both sides will get to argue over the specifics of that inquiry.
Reddington wants that debate out in the open, not in a private sidebar conversation.
A single juror may be preventing a verdict. The judge had them sleep on it
A deadlocked jury returns Friday for the seventh day of deliberations in the Lindsay Clancy trial, a day after the jury’s foreperson informed the judge that a single juror wasn’t following the court’s instructions about reasonable doubt.
The 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.
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. Soon thereafter, he sent them home.
The Associated Press
If you or someone you know is in crisis or struggling with mental illness, here are some resources that are available.
Canada Suicide Crisis Helpline (Call or text 988 or visit 988.ca)
Centre for Addiction and Mental Health (1-800-463-2338)
Kids Help Phone (1-800-668-6868)
If you need immediate assistance call 911 or go to the nearest hospital.
