Lindsay Clancy judge plans to declare mistrial; grants defense 1 hour to appeal

Jurors told the judge Friday they are deadlocked on whether Lindsay Clancy is criminally responsible for killing her three children, leading to a hung jury.  Without the jurors present in the courtroom, the judge said he intends to declare a mistrial but has given the defense an hour to make an emergency for a stay, arguing that the lone juror who has been holding out should be replaced. 

Jurors deadlocked

The jury of nine women and three men, was on its seventh day of deliberations Friday, a day after the jury’s foreperson told the judge a single juror won’t follow the court’s instructions about reasonable doubt. The extraordinary disclosure made in the form of a note delivered to the judge Thursday offered the clearest glimpse yet of what kept jurors from reaching a verdict.

What happens next after a hung jury?

Indications that there could be a mistrial came to light on Wednesday when Plymouth County Superior Court Judge William Sullivan gave jurors the "Tuey Rodriguez charge," Massachusetts’ version of a dynamite charge, or an Allen charge. A dynamite charge happens in certain cases when jurors are unable to reach a unanimous decision in a case that calls for it, and, in an attempt to avoid a hung jury, a judge can ask jurors to return to deliberations and reconsider their opinions. 

What's next:

The case essentially goes back to the same status as before the trial, with Clancy charged with murder and being held at a psychiatric hospital and waiting for a resolution of the criminal case against her.

Prosecutors will have to decide whether to try her again with a new jury. If they proceed with a new trial, the jury selection process will begin again, and a new trial will be scheduled.

The high-profile case of Lindsay Clancy

The backstory:

Clancy was 34 when she was charged with the 2023 deaths of daughter Cora, 5, and sons Dawson, 3, and Callan, 8 months. Prosecutors said Clancy strangled the children inside the family’s Duxbury home before attempting suicide by jumping from a second-story window. 

Clancy, a former labor and delivery nurse, doesn’t deny strangling her children in the basement of their home and her attorney argued that postpartum psychosis led to her actions.

If you or a loved one is feeling distressed, call or text the 988 Suicide & Crisis Line for free and confidential emotional support 24 hours a day, 7 days a week.

CLICK HERE for the warning signs and risk factors of suicide and CLICK HERE for more on the 988 Lifeline.

The five-week trial had over 80 witnesses, including Clancy’s ex-husband, multiple psychologists and psychiatrist, and many additional friends and relatives testifying in her defense. 

What we know:

Prosecutors argued Clancy acted with intent, pointing to evidence that she planned the killings and carried them out while her husband briefly stepped out to pick up dinner. They said her actions were deliberate and methodical, and that she understood what she was doing the whole time, fully aware that it was wrong. 

The other side:

Controversy arose as Clancy’s defense presented arguments that she was in the grip of postpartum psychosis, a rare but severe condition that can cause hallucinations, delusions and extreme disorientation. Defense attorneys said she was prescribed multiple medications in the weeks leading up to the killings and was overwhelmed by intrusive thoughts she could not control. 

Trial put focus on mental health and postpartum psychosis

Big picture view:

The trial has captivated true-crime followers, legal observers, women and mothers across the country, in part because of the questions surrounding mental health and the insanity defense at the center of her case.

Hundreds of supporters gathered outside the courthouse, many dressed in pink and carrying signs calling attention to mental health and postpartum conditions. Supporters believe she should not be held criminally responsible because of the impact postpartum psychosis can have and the effect it took on her. 

What is Postpartum Psychosis? 

Dig deeper:

Postpartum psychosis is a rare but serious mental health condition that affects an estimated 1 to 2 women out of every 1,000 after childbirth. Researchers at the Medical University of Lublin in Poland say about half of patients who develop the condition have a previous history of psychiatric problems.

Why you should care:

Experts stress that most people who experience postpartum psychosis do not harm their children, though violence can occur in severe cases. Symptoms can include dramatic mood changes, hallucinations, delusions and significant changes in behavior. They can begin within days of giving birth but may emerge up to six weeks later.

If you or a loved one is feeling distressed, call or text the 988 Suicide & Crisis Line for free and confidential emotional support 24 hours a day, 7 days a week.

CLICK HERE for the warning signs and risk factors of suicide and CLICK HERE for more on the 988 Lifeline.