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 in the Lindsay Clancy trial said he was going to declare a mistrial Friday before suddenly changing course and giving her defence attorney one hour to appeal. Judge William Sullivan’s stunning move came after he announced in court that jurors on Friday sent a note for a third time that were unable to reach a unanimous decision on whether the Massachusetts mother is criminally responsible for killing her three young children in 2023. The deliberations took a dramatic turn Thursday when the foreperson told the judge that a lone holdout was refusing to follow the court’s instructions about reasonable doubt. The disclosure offered the clearest glimpse yet of what may have kept jurors from reaching a verdict. Clancy, a 36-year-old former labor and delivery nurse, doesn’t deny strangling her children in the basement of their home in 2023. Her attorney, Kevin Reddington, argues that postpartum psychosis led to her actions, while prosecutors say she knew what she was doing. Here’s the latest: The judge’s clock is ticking on the defence appeal More than an hour has passed since the judge gave the defence one hour to file an emergency appeal of his pending mistrial declaration. Reached for comment, the clerk’s office for the Supreme Judicial Court of Massachusetts told The Associated Press that it is in the process of receiving all the documents related to the emergency appeal. What happens if the judge declares a mistrial? If a mistrial were declared, the case would essentially go back to the same status as before the trial — Clancy could be charged with murder and held at a psychiatric hospital awaiting a resolution of the criminal case. Prosecutors would have to decide whether to try again with a new jury. If they do, the jury selection process would begin again and a new trial would be scheduled. Prosecutors could also offer a plea deal to Clancy, said Brad Bailey, a Boston defence attorney and former prosecutor who is not involved in the case. “Any time the threat of a retrial with murder one hanging over the client is re-interjected, defence lawyers will, at the very least, explore whether or not there’s any interest in a resolution,” Bailey said. Here’s how the mistrial discussion played out in court Prosecutor Jennifer Prague told the judge a mistrial was required because he had already read to the jury the legal instruction sometimes known as a “dynamite charge.” Reddington argued the judge still had discretion: “The court has the ability to send the jury back,” he said. Sounding exasperated, the judge said “I don’t feel I have any choice but to declare a mistrial at this time.” Reddington then requested that the jurors be polled “as to whether or not there has been a decision reached on murder one, murder two, manslaughter or anything like that.” If they did reach such a decision, prosecuting her again on those charges would be double jeopardy, he said. Sprague objected, saying the court can’t delve into jury deliberations. “I don’t think anything else is required at this point other than a declaration of mistrial unfortunately.” Sullivan then said, “Over the defendant’s objection, I am going to declare a mistrial at this point.” Then Reddington pushed back, and the judge gave him one hour to appeal to the Massachusetts Supreme Judicial Court. Legal expert sees ‘structural defect’ in the trial Criminal defence attorney Joseph Krowski, speaking outside the court in Plymouth, Massachusetts, said Reddington wants a judge on the state’s highest court to consider an emergency stay because he believes there “is a structural defect to this trial by the failure to remove the juror or do an inquiry.” Here’s what the foreperson’s note read Judge Sullivan read the jury foreperson’s note aloud in open court: “It is with a heavy heart that we report we are unable to come to a unanimous decision and will not be able to.” Court is once again in recess, mistrial pending, as the defence 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 defence 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.
