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PLYMOUTH, MASS. (WHDH) - The jury was unable to come to a verdict after the sixth day of deliberations Thursday in the Lindsay Clancy murder trial.
The jury began deliberating just before 9:15 a.m, after being issued a Tuey-Rodriguez, or “dynamite” charge on Wednesday, when the jury said for the second day in a row they couldn’t reach a unanimous decision in the trial. The charge is an instruction given by the judge to a deadlocked jury, urging them to re-examine their views and keep trying to reach a unanimous verdict.
The jury returned to court around 3 p.m. Thursday with a question for Judge William Sullivan. At one point, Clancy herself participated in sidebar discussion after the jury returned. All jurors were questioned during that time, as the prosecution and defense discussed how to proceed. Sullivan then clarified reasonable doubt and instructed the jury to continue deliberating.
After Sullivan clarified what reasonable doubt was, Clancy’s Defense Attorney Kevin Reddington asked for one juror to be removed.
“The court has an instruction from the foreperson of that jury that’s been working for a week now. Saying that, there’s one juror who refuses to listen to the law that you’ve given him or her on reasonable doubt,” Reddington said. “And I suggest respectfully that the soft instruction that you gave them at the sidebar, can you listen to the law as I instruct you, does not focus on the issue. The question is not sufficient enought. It does not allow any foundation for a motion to remove the juror who refuses to respect your instructions on the law, on reasonable doubt. And if we come back here in a half an hour with a mistrial because of a juror that has just spurned the instructions of this court, that’s a shame. And that’s why I object to court’s ruling, I request that we have further inquiry. I request that, my motion is to remove this juror that refuses to listen to your instruction on reasonable doubt.”
Sullivan responded by saying he was not going to get in the middle of a jury fight, siding with neither the 11 jurors on one side or the single juror on another. He instead gave all 12 jurors another instruction on the meaning of reasonable doubt.
The proseuction said they are satisfied with Sullivan’s response to the jury disagreement.
Outside court Thursday, Reddington spoke with reporters, saying the matter was far from settled.
“The juror has been identified by the note from the foreperson, and it will be an inquiry by the judge, tomorrow at 9 o’clock,” Reddington said. “I don’t know what his question is going to be yet, we’ll have an argument about it, I don’t think it will be at the sidebar I think it will be an open court, which is my concern that we have our arguments in open court and not at the sidebar.”
Clancy, 36, is accused of strangling her children in the basement of their Duxbury home in 2023. Reddington argued that postpartum psychosis led to her actions. The prosecution argued that she knew what she was doing when she killed Cora, Dawson, and Callan Clancy, ages 5, 3, and 8 months.
In 2023, Clancy strangled the children with exercise bands in their basement, then jumped from a second-floor window. She was paralyzed from the waist down from the jump. Her lawyers said she heard a voice telling her to kill the children so she could end her own life.
The jury is tasked with deciding whether Clancy could be criminally charged in the deaths of her three children after hearing testimony from dozens of witnesses, including Clancy’s ex-husband Patrick Clancy.
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