Judge in Lindsay Clancy case says he’ll declare a mistrial, then gives defense 1 hour to appeal

PLYMOUTH, Mass. — The justice successful the Lindsay Clancy proceedings said helium was going to state a mistrial Friday earlier abruptly changing people and giving her defence lawyer 1 hr to appeal.

Judge William Sullivan’s stunning determination came aft helium announced successful tribunal that jurors connected Friday sent a enactment for a 3rd clip that were incapable to scope a unanimous determination connected whether the Massachusetts parent is criminally liable for sidesplitting her 3 young children successful 2023.

“I’m going to state a mistrial astatine this point,” Sullivan said earlier the defence asked for enactment of the declaration.

The proceedings has generated aggravated involvement for much than a month, profoundly dividing the nationalist and drafting attraction to issues astir maternal intelligence wellness aft childbirth. Clancy’s lawyer said she was suffering from a uncommon information called postpartum psychosis erstwhile she strangled her kids, the youngest conscionable 8 months old, past tried to instrumentality her ain life.

Prosecutors said Clancy, a 36-year-old erstwhile labour and transportation nurse, knew what she was doing.

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EDITOR’S NOTE: This communicative includes treatment of suicide. If you oregon idiosyncratic you cognize needs help, the nationalist termination and situation lifeline successful the U.S. is disposable by calling oregon texting 988.

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The deadlocked assemblage started a seventh time of deliberations Friday blistery connected the heels of different melodramatic time connected Thursday that saw the jury’s foreperson archer the justice a azygous juror wouldn’t travel the court’s instructions astir tenable doubt.

The bonzer disclosure made successful the signifier of a enactment delivered to the justice offered the clearest glimpse yet of what whitethorn beryllium keeping jurors from reaching a verdict.

The assemblage has doubly told Sullivan that it was incapable to hold connected a verdict. On Thursday, Sullivan brought successful each juror individually and questioned them successful private. The justice past reread his instructions, telling them impervious beyond a tenable uncertainty does not mean impervious beyond each imaginable doubt.

He reminded jurors that the load of impervious is connected the prosecution earlier sending them backmost to proceed deliberating.

Judge won’t question the juror again implicit tenable doubt

The assemblage went backmost to enactment Friday, but lone aft the justice rejected a petition from Clancy’s lawyer to again individually question the juror who was the taxable of the enactment astir tenable uncertainty instructions.

“Reading that enactment cautiously and strictly,” Sullivan said, “that enactment does not bespeak this is simply a idiosyncratic who refuses to travel the law.”

Clancy’s lawyer, Kevin Reddington, connected Thursday asked Sullivan to disregard the juror from the case, arguing the idiosyncratic had refused to travel the judge’s instructions. Prosecutors objected, and Sullivan declined to region the juror.

“I don’t consciousness it is due for maine to broadside with 1 broadside oregon the different of the deliberations,” the justice said Thursday. “I don’t consciousness it’s due for maine to say, ‘I hold with 1 juror oregon the 11.’ I person asked if they are capable to travel my instructions. They swore earlier that they could.”

For the archetypal clip during the trial, Clancy was brought to articulation a sidebar speech with the justice and lawyers. Paralyzed from the waist down aft her termination attempt, Clancy uses a wheelchair, which Reddington pushed to the beforehand of the courtroom.

“She has a close to cognize what’s going on,” helium aboriginal told reporters.

Lindsay Clancy has ne'er denied sidesplitting her children

Clancy doesn’t contradict strangling her children successful the basement of their location earlier utilizing aggregate methods to effort to extremity her life. According to her defense, she had bipolar upset and postpartum psychosis that, ultimately, led her to judge she heard a dependable telling her to termination the children truthful she could termination herself.

Postpartum psychosis is much superior and little communal than postpartum depression, afflicting 1 to 2 retired of 1,000 women aft delivery, according to estimates by researchers.

The prosecution argues Clancy deliberately sent her then-husband connected errands to get him retired of the house, and prosecutors person questioned the seriousness of her termination attempt.

A hung assemblage would effect successful a mistrial

If the assemblage yet can’t hold connected a verdict, the justice could state a mistrial. Prosecutors would past person to determine whether to enactment Clancy connected proceedings again, driblet the charges oregon effort to negociate a plea woody with her lawyer.

If the assemblage decides Clancy was criminally liable for her actions, it could convict her of either execution oregon manslaughter. If she is acquitted, a justice could inactive bid her confined to a intelligence wellness installation if an valuation determines that she poses a information to the public.

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Associated Press writers John Seewer successful Toledo, Ohio, and Ed White successful Detroit contributed.