What happens if Clancy jurors can’t come to a unanimous decision? 7NEWS Legal Analyst Evan Gotlob weighs in

BOSTON (WHDH) - The jury in the Lindsay Clancy murder trial has yet to reach a unanimous verdict in the six days they have been deliberating, but 7NEWS Legal Analyst Evan Gotlob said a hung jury is a better outcome for Clancy than a conviction, but it doesn’t necessarily end the case.

“A hung jury is a win for the defense no matter what,” Gotlob said. “Anything less than a conviction is a win for the defense, and that is what a hung jury is. And it gives Mr. Reddington and Ms. Clancy another chance, or another bite at the apple in the trial.”

A mistrial doesn’t automatically call for another trial, however, what happens next would be up to the District Attorney.

“It is always more difficult for prosecutors on a second trial,” Gotlob said. “Retrying a case is very hard, whether it is a homicide case or a petty larceny case. You are relying on the same witnesses and the same evidence, and you were already unsuccessful once.”

While another jury trial is one option, the District Attorney’s Office could decide not to pursue first-degree murder charges and could instead prosecute Clancy on lesser charges.

Gotlob said if that’s the case, Clancy and her defense team could ask for a bench trial – where there is no jury, and a judge would decide the outcome.

“I think he is probably more confident in a judge deciding the battle of the experts than 12 people,” Gotlob said.

Another option the District Attorney could offer is a plea deal. Gotlob said pleading guilty to the lesser charge of manslaughter may be something the defense would consider because it carries a shorter sentence than life in prison.

“I think that is something Mr. Reddington would take to Ms. Clancy and really think about because getting five years in prison for killing three children is a pretty light sentence, and I think it is something he would consider with Ms. Clancy just considering her state and how hard of a trial this is,” Gotlob said.

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