After 30 hours of deliberations spanning 5 days, the jury within the homicide trial of Lindsay Clancy has nonetheless not reached a verdict.
The intensive deliberations adopted weeks of testimony concerning whether or not or not Clancy was affected by postpartum psychosis when she strangled her youngsters and tried to take her personal life in January 2023 and whether or not she must be held criminally chargeable for the killings.
On Wednesday afternoon, after the jury reported they had been at an deadlock for a second time in as many days, Choose William Sullivan learn the jury a Tuey-Rodriguez instruction, encouraging them to proceed working collectively towards a verdict.
The Tuey-Rodriguez instruction urges jurors to recollect it’s their “obligation to determine this case if you are able to do so rigorously,” reminding them “there is no such thing as a cause to suppose that the case will ever be submitted to 6 individuals who’re extra clever, extra neutral, or extra competent to determine it than you’re, or that extra or clearer proof will probably be produced on one aspect or the opposite.”
Boston-based felony protection lawyer Peter Elikann mentioned sending the jury again to deliberate once more could pressure a hung jury if the impasse continues.
“At that time, the decide has to declare a mistrial, until he has the consent of the jury who would wish to exit once more, and that is moderately uncertain,” Elikann mentioned in an interview with ABC Information on Wednesday.
Lindsay Clancy reacts to the information {that a} lady was arrested for recording photos of the jury, in Plymouth, Massachusetts, September 2, 2026.
Greg Derr/Pool by way of Reuters
“That is actually it. That is sort of the ultimate push,” Elikann added.
If a mistrial is said, certainly one of a number of subsequent steps could transpire, in response to ABC Information authorized analyst Brian Buckmire.
“Initially, the protection might be going to ask for bail, some amount of cash or launch, that she doesn’t need to be incarcerated pending the prosecution resolution as as to if or not they will retry her,” Buckmire mentioned in an interview Wednesday.
Buckmire mentioned the prosecution may make the choice to retry her “proper then and there” or within the close to future following a mistrial declaration.
Elikann mentioned the prosecution may additionally select to drop the case, although he added, “That is not all that possible.”
Choose William Sullivan warns members of the press and spectators within the courtroom to not document photos of the jury throughout Lindsay Clancy’s homicide trial at Plymouth Superior Court docket in Plymouth, Mass., Sept. 2, 2026.
Greg Derr/Pool by way of Reuters
Buckmire mentioned a second trial is a possible situation, in his opinion.
The second possibility, in response to the attorneys, may very well be plea negotiations.
“In lots of circumstances, the prosecution, after having a deadlocked jury, will sort of say to the protection, ‘Let’s compromise. We’ll break down the fees to one thing a lot lesser, and may we agree on that, that you’re going to plead to one thing, a way more minor cost,'” Elikann mentioned.
Buckmire mentioned it’s attainable, nonetheless, that prosecutors wouldn’t wish to reduce any of the fees transferring ahead.
Chatting with the deliberations and the jury’s lack of ability so far to succeed in a verdict on this case, Elikann mentioned this form of end result was each uncommon and, in some methods, predictable.
“More often than not, most likely all of the attorneys will let you know the standard knowledge is that [an] madness protection nearly by no means works,” he mentioned, including it often ends in a conviction.
Elikann defined that Clancy’s case was totally different.
“All people had a way that they’d by no means get 12 folks to convict her of first-degree homicide. And it was anticipated, by many individuals, that this could be both not responsible by cause of madness or a hung jury,” he mentioned.
