{"id":8087,"date":"2026-09-04T16:39:12","date_gmt":"2026-09-04T16:39:12","guid":{"rendered":"https:\/\/metrotransitreview.com\/?p=8087"},"modified":"2026-09-04T16:39:12","modified_gmt":"2026-09-04T16:39:12","slug":"lindsay-clancy-judge-to-declare-mistrial-but-grants-lawyer-hail-mary-bid-to-appeal-2","status":"publish","type":"post","link":"https:\/\/metrotransitreview.com\/?p=8087","title":{"rendered":"Lindsay Clancy judge to declare mistrial — but grants lawyer Hail Mary bid to appeal"},"content":{"rendered":"
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PLYMOUTH, Mass. \u2013 A judge is set to declare a mistrial in Lindsay Clancy\u2019s murder trial Friday on the seventh day of deliberations \u2014 but gave her defiant lawyer just one hour to file an emergency appeal against the ruling.<\/p>\n

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The 12-person jury \u2013 made up of nine women and three men \u2013 told Judge William Sullivan that they could not agree on whether to convict Clancy, 36, of three counts of first-degree murder.\u00a0<\/p>\n

Follow The Post\u2019s live updates on the Lindsay Clancy trial<\/strong><\/p>\n

\u201cIt is with a heavy heart that we will not be able to come to unanimous decision,\u201d Sullivan said, reading the panel\u2019s third note indicating their impasse Friday morning.<\/p>\n

Without a verdict \u2014 and despite a nearly five-week-long trial that saw testimony from roughly 85 witnesses \u2014 Sullivan said he doesn\u2019t have \u201cany choice but to declare a mistrial.\u201d<\/p>\n

The judge then asked for the jury to be brought in so he could call it \u2014 but Clancy\u2019s lawyer, Kevin Reddington, asked him to hold off so he could get an 11th-hour emergency stay blocking the mistrial.<\/p>\n

Sullivan reluctantly granted Reddington just one hour to rush to an appeals court and make his Hail Mary bid.<\/p>\n

The jury first indicated they were at an impasse on the fourth day of deliberations after nearly 18 hours. But the judge told them to keep at it.<\/p>\n

The next day, after almost 28 total hours of deliberations, the jury issued another note, telling Sullivan a unanimous decision could not be reached. The judge then read the Tuey-Rodriguez charge, instructing them to deliberate some more.<\/p>\n

One day later, on Thursday, jurors sent another note to the judge.<\/p>\n

Reddington revealed that the mysterious jury note that prompted the judge to question the jurors one by one at sidebar was from the foreperson, claiming a single juror \u201crefuses to follow the law\u201d on the judge\u2019s instruction about reasonable doubt. The defense attorney lost his bid to have the panelist tossed from the jury.<\/p>\n

Friday morning, Reddington argued for the holdout juror to be questioned individually by the judge, revealed the individual was a man and accused him of lying. But Sullivan shot down the request and sent the jurors back for more deliberations.<\/p>\n

If declared, the mistrial decision does not grant the former nurse automatic freedom \u2014 instead, she will remain in custody at Tewksbury Hospital while the Plymouth County District Attorney\u2019s Office decides where to take the closely watched case next.\u00a0<\/p>\n

Prosecutors\u2019 options include putting Clancy on trial a second time, trying to negotiate a plea deal or dropping the charges altogether.\u00a0<\/p>\n

Reddington previously indicated if the case were retried, Plymouth District Attorney Timothy Cruz could opt to downgrade the charges to second-degree murder.<\/p>\n

The hypothetical scenario would allow Clancy to choose a judge rather than a jury to oversee her retrial \u2014 an option not afforded to her with first-degree murder charges, Reddington said.<\/p>\n

Reddington has repeatedly opined that Cruz would insist the case be tried a second time.<\/p>\n

The decision comes after jurors heard dueling accounts of the mom\u2019s state of mind when she fatally strangled Cora, 5; Dawson, 3, and 8-month-old Callan using exercise bands before trying to take her own life on Jan. 24, 2023.\u00a0<\/p>\n

Reddington argued that Clancy was in the throes of postpartum psychosis, worsened by a myriad of prescription medications, and had hallucinated a man\u2019s voice inside her head instructing her to kill the children and herself.<\/p>\n

Prosecutors countered that she was in her right mind and had carefully planned the killings, including getting her then-husband, Patrick Clancy, to pick up medication at CVS and takeout from a local restaurant so that she could be alone with the children in their Duxbury home.\u00a0\u00a0<\/p>\n

The jury made its only request for evidence on Aug. 28, asking to see the knife Lindsay Clancy used in her suicide attempt and her prescription pill bottles.<\/p>\n

If the jury unanimously agreed with Lindsay Clancy\u2019s insanity defense, the former nurse would remain committed at a state psychiatric facility indefinitely \u2013 and only ever be freed if doctors determine she was no longer a danger to herself or others.<\/p>\n

Here\u2019s the latest on Lindsay Clancy\u2019s trial for allegedly murdering her three children:<\/h2>\n