Jury Reports Deadlock in Clancy Trial

Jurors in the Massachusetts murder trial of Lindsay Clancy told the judge Tuesday morning that they were unable to reach a unanimous decision, according to court reports. The note, sent around 10:15 , read: “After many hours of deliberations, we are unable to come to a unanimous decision.” A quiet gasp was heard from the audience as Judge William Sullivan read the note aloud, as reported by the Boston Herald.

Clancy, a former Duxbury nurse, is charged with three counts of first-degree murder in the deaths of her three children—Cora, 5, Dawson, 3, and Callan, eight months—in January 2023. She does not dispute that she killed the children; her attorney, Kevin Reddington, has argued that she was suffering from postpartum psychosis at the time and cannot be held criminally responsible.

Judge Directs Further Deliberations

Despite the deadlock note, Judge Sullivan directed the jurors to return and persist with their deliberations. “I know that this was a long trial,” Sullivan said, according to the Hindustan Times. “I know there were over 80 witnesses, over 300 exhibits. But because of that, I’m going to ask you to go back out, keeping in mind all the instructions that I gave you. To go out and to continue your deliberations at this time.” The prosecution and the defense raised no objections to this request.

The Boston Herald reported that Judge Sullivan noted the large volume of evidence—more than 80 witnesses and hundreds of exhibits—when addressing the jury. The judge has not yet given the Tuey-Rodriguez charge, a special instruction used when jurors cannot agree, according to the Herald.

By the end of Tuesday, the jury had deliberated approximately 23 hours. They returned to the courtroom around3:30 , with Plymouth County District Attorney Tim Cruz present, as reported by the Herald.

Defense Response and Possible Next Steps

Speaking outside court, Reddington expressed hope for a verdict, saying, “Maybe today’s the day; we’ll see. I don’t know,” according to the Hindustan Times. He stated he has “really strong faith” in the jury, noting they demonstrated attentiveness during the five-week trial. He also said he would definitely pursue a retrial if the outcome results in a hung jury.

When asked about Clancy’s condition, Reddington said she had a “flat affect” and was “sad.” He replied “No” when asked if she was emotionally prepared for another trial, the Herald reported. He noted that first-degree murder cases cannot be tried without a jury in Massachusetts, and that the decision not to reduce charges to second-degree murder—which would allow a bench trial—is entirely up to District Attorney Tim Cruz. He added that he hopes for a verdict, saying, “Then, we’d have closure.”

Retired Judge Jack Lu told the Herald that it is “too early for a mistrial due to deadlock,” adding that the jury’s decision to voice an impasse now “speaks to the deeply emotional and controversial nature of this case.” Lu noted that “deadlock” is a legal term, and a legal determination made by the judge, not the jury.

What Happens If the Jury Remains Deadlocked

If jurors are deadlocked on first-degree murder, they would proceed to evaluate second-degree murder, and if still unable to reach a consensus, they would consider manslaughter, as explained by David Rossman, director of the Criminal Law Clinical Program at Boston University, in comments reported by the Hindustan Times. Rossman stated that Sullivan would accept any unanimous verdict the jury ultimately arrives at.

A complete deadlock—meaning jurors cannot agree on any verdict—may lead Sullivan to issue a “dynamite” instruction, which would encourage jurors to continue deliberations and to “search your conscience to see whether your position is truly reflective of your view,” Rossman explained.

If jurors remain unable to reach a unanimous decision, Sullivan would declare a mistrial. In that case, Clancy would remain at Tewksbury Hospital, a state psychiatric facility, and prosecutors could retry the case with a different jury. Rossman noted that, when deciding whether to retry, prosecutors would probably consider the degree of division within the original jury—narrow splits are more frequent, while one-sided deadlocks are “extremely uncommon,” according to the Hindustan Times.