Lindsay Clancy Jury Remains Deadlocked as Possibility of Mistrial Grows

PLYMOUTH, Massachusetts — The murder trial of Lindsay Clancy may be approaching a mistrial after jurors reported for a second time that they were unable to reach a unanimous verdict.

The jury completed its fifth day of deliberations Wednesday without deciding whether Clancy was criminally responsible for the deaths of her three children. Jurors were instructed to return to Plymouth Superior Court at 9 a.m. Thursday and continue their discussions.

Clancy, a 36-year-old former labor and delivery nurse from Duxbury, is charged with killing her three children Cora, 5; Dawson, 3; and Callan, 8 months inside the family’s home on January 24, 2023.

She does not deny causing their deaths. The central question for the jury is whether she was criminally responsible for her actions at the time.

Jurors first informed Judge William Sullivan on Tuesday that they could not reach a unanimous decision. The judge directed them to continue deliberating.

On Wednesday, the jury returned with another note reporting that it remained deadlocked. Sullivan then delivered what Massachusetts courts call a Tuey-Rodriguez instruction, sometimes described as a “dynamite charge.”

The special instruction is generally used as a final effort to help a divided jury reach a verdict. Jurors are asked to reconsider the opinions of other members of the panel while not abandoning their own sincerely held beliefs simply to end deliberations.

After receiving the instruction, the jury deliberated further but finished the day without a verdict.

Legal analysts say that if jurors return once again and declare that they are hopelessly deadlocked, the judge could determine that further deliberations would not be productive and declare a mistrial.

However, a mistrial is not automatic, and Sullivan has not announced that he will take that step. The jury could still reach a unanimous verdict.

Clancy’s defense maintains that she was experiencing postpartum psychosis, bipolar disorder and a severe psychiatric crisis when she killed the children.

Her attorneys say that she heard a male voice directing her to kill them and was incapable of understanding the wrongfulness of her actions. They have also focused on the numerous psychiatric medications she was prescribed in the months before the deaths.

After killing the children, Clancy attempted to take her own life by jumping from a second-story window. She survived but was left paralyzed from the waist down.

The defense is asking the jury to find her not guilty by reason of a lack of criminal responsibility.

Such a verdict would not necessarily result in Clancy being released. She could be committed to a secure psychiatric facility if the court determines that she continues to present a danger to herself or others.

Prosecutors reject the defense’s claim that Clancy was legally insane when the killings occurred.

The Commonwealth argues that she understood her actions and deliberately created an opportunity to be alone with the children by sending her husband, Patrick Clancy, out of the house on errands.

Prosecutors have also questioned inconsistencies in Clancy’s descriptions of the voice she allegedly heard and presented expert testimony disputing the conclusion that she was psychotic at the time.

The jury is considering several possible outcomes, including first-degree murder, second-degree murder, manslaughter or a finding that Clancy was not criminally responsible because of mental illness.

A conviction for first-degree murder would carry a sentence of life in prison without the possibility of parole.

If the jury cannot agree and Sullivan declares a mistrial, there would be no conviction or acquittal.

Prosecutors could decide to try Clancy again before a new jury. They could also consider negotiating a plea agreement or, although considered less likely, decide not to pursue another trial.

A mistrial caused by a genuinely deadlocked jury generally does not prevent prosecutors from retrying the defendant.

Clancy’s attorney, Kevin Reddington, told reporters Wednesday that he would be prepared to retry the case.

The trial has included testimony from more than 80 witnesses and approximately 300 exhibits. It has attracted national attention while generating an emotional debate about criminal responsibility, postpartum psychosis and the treatment of severe maternal mental illness.

The New England Voice will continue following developments from Plymouth Superior Court.