PLYMOUTH, Mass. — Lindsay Clancy's trial judge said he was going to declare a mistrial Friday before suddenly changing course and giving her defense attorney one hour to appeal. Judge William Sullivan's stunning move came after he announced in court that jurors on Friday sent a note for a third time saying they couldn't unanimously decide whether to hold her criminally responsible for killing her three young children in 2023.
Deliberations took a dramatic turn Thursday when the foreperson told the judge that a lone holdout was refusing to follow the court's instructions about reasonable doubt. Clancy's defense has argued that the judge's refusal to remove the juror undermines the trial.
Clancy, a 36-year-old former labor and delivery nurse, doesn’t deny strangling her children in the basement of their home. Defense attorney Kevin Reddington blamed postpartum psychosis. Prosecutors said she knew what she was doing.
Postpartum psychosis is estimated to afflict 1 to 2 per 1,000 women after delivery. Experts at the Cleveland Clinic describe it as a mental health emergency affecting someone's sense of reality. Though most people with postpartum psychosis don't harm their children, mothers with severe cases may try to do so.
Here’s the latest:
Legal expert sees ‘structural defect’ in the trial
Criminal defense attorney Joseph Krowski, who has been observing the trial, commented about Friday’s developments outside the court in Plymouth, Massachusetts. He said the defense wants a judge on the state’s highest court to consider an emergency stay because Reddington believes there “is a structural defect to this trial by the failure to remove the juror or do an inquiry.”
Here’s what the jury’s note read
Judge Sullivan read the jury foreperson’s note aloud in open court: “It is with a heavy heart that we report we are unable to come to a unanimous decision and will not be able to.”
Court is once again in recess, mistrial pending, as the defense appeals
Sullivan and Reddington went back and forth after the judge signaled that he would declare a mistrial and summon the jury to break the news.
Then the judge suddenly gave Clancy’s lawyer time to seek an appeal to stop his mistrial order.
“What I’m asking for is time to file a single-justice appeal for this travesty,” said Reddington, who was upset over Sullivan’s refusal to remove a juror.
“I’ll hold off for an hour,” the judge said.
The clock began around 11:30 a.m.
There was an audible gasp when the judge said he would declare a mistrial
Clancy’s parents, Paula and Mike Musgrove, and her sister, Allison Ozga, showed no reaction but stared straight ahead. Clancy’s expression wasn’t visible to the gallery.
The defense then raised objections and the jury was not brought in.
JUST IN: Judge says he is going to declare a mistrial in the Lindsay Clancy case, then gives defense 1 hour to appeal
The court clerk had something to show the lawyers
Prosecutors and Reddington are being brought up to a podium and the court clerk showed them something. It is unclear what it was.
Now they’ve returned to their tables and the judge has returned to the bench.
There's no more room
With nearly 100 people packed inside, a court officer told the public outside “there is no more room” and closed the courtroom doors.
People are being called back into court
First the media and now members of the public are re-entering the courtroom.
The prosecutors are at their table. Reddington is sitting next to Clancy. Clancy’s parents and her sister are two rows back.
With the court in recess as the jury deliberates, the scene outside is calm
There’s a line for media seats that’s 15 people deep, with journalists either standing or sitting on the floor behind an orange cone after court security moved them back from the door.
The benches outside the courtroom are filled with about 20 members of the public, some dressed in pink to show their support for Clancy. Many are waiting to get a seat in the courtroom, which has been filled to capacity.
Judge, defense lawyer clashed over his delivery
Reddington urged Sullivan to “forcefully” explain the jury instruction about how to apply reasonable doubt to deliberations, and not use a “soft” approach.
“What do you want me to do? Get a brass band?” the judge responded. “The fact that I perhaps didn’t give it my full inflection — I’m sorry about that but I’m not an actor. I’m just giving the instruction.”
Sullivan then promised to give the instruction again “with more pizzazz,” a remark that caused laughter in the courtroom.
The judge ultimately gave the jurors one more reminder about following his instructions before sending them back to the jury room.
Judge said he’s constrained by statute dealing with juror removal
“That juror told you that he would be able to apply the law to the fact as you asked him. Based on this note from this juror it clearly and unequivocally indicates they are 11-1 and this person will not apply reasonable doubt to the evidence to return a not guilty verdict.”
Sullivan disagreed, saying law only allows a juror to be discharged for personal reasons having nothing to do with the case or their relationship with the other jurors.
Defense lawyer told judge the juror was lying to him
Before the jury was brought into the courtroom Friday, Reddington beseeched the judge to deal with the juror referenced in the foreperson’s note on Thursday.
“I have never seen a situation like this where a foreperson on the jury is so courageous as to speak on behalf of 11 jurors and indicate that a juror, number which I will not mention, and I quote, ‘has made statements acknowledging doubt but refuses to apply it to the verdict,’” Reddington said.
Reddington said the juror “looked you in the eye and lied” when the judge questioned him after receiving the note.
Expert says the judge has to be very careful
Criminal defense attorney Joseph Krowski Jr. has been following the trial and commented outside court about the judge’s challenge at this point in the deliberations.
“The jurors aren’t saying that there’s just a factual disagreement with the holdout — they’re saying that that juror is refusing to follow the law,” Krowski said Thursday evening.
“Now, I don’t want to speculate. I’m not in there, and I don’t know what the disagreement is, and how do we know that that juror’s even right or wrong on the law, but you could see the visceral reaction from attorney Reddington, and it looked like to me that he’s frustrated.”
“Judges have to be careful into inquiring into what’s being discussed during deliberation. So if he gets another communication, then I’m sure he would have a very, very confined, carefully constrained voir dire,” Krowski said. “One more communication that they’re at an impasse would mandate a hung jury, mistrial.”
Judge sends jury back into deliberations room, with one more reminder
“I wanted to remind you, as I instructed you earlier, it is your duty as jurors to accept the law as I gave it to you,” he told them. “You must follow the law as I give it to you whether you agree with it or not.”
“With that, you may now resume your deliberations.”
As for any notes from the jury room ...
Sullivan acknowledged to the jury that he got a note from the jury on Thursday.
“If there are any notes in the future ... make sure we don’t put down where everybody is numerically,” Sullivan told them.
Jury is seated once again
Despite a request from Reddington, Sullivan has ruled that he will not do a further inquiry of the juror.
We are in court. 7th day of deliberations
Court has reopened and reporters and the public have filed in. There is not an empty seat.
The judge is now here and lawyers are discussing further instructions to the jury.
Clancy defense motion seeks all further courtroom debate to be out in the open
Reddington filed a motion Friday requesting a standing order so there will “be no further sidebars” and that “all related proceedings will be handled in open court.”
Sullivan has often used sidebars to discuss legal issues with the defense and prosecution, especially during jury deliberations. During those sessions, no one in court can hear what is being discussed.
Clancy’s lawyer hopes to debate in open court how the judge will question the juror
Defense attorney Kevin Reddington told reporters after leaving court Thursday that the foreperson’s note identified the holdout juror to the judge.
He said he’s hoping that before the judge questions that juror on Friday, attorneys on both sides will get to argue over the specifics of that inquiry.
Reddington wants that debate out in the open, not in a private sidebar conversation.
A single juror may be preventing a verdict. The judge had them sleep on it
A deadlocked jury returns Friday for the seventh day of deliberations in the Lindsay Clancy trial, a day after the jury's foreperson informed the judge that a single juror wasn't following the court's instructions about reasonable doubt.
The extraordinary disclosure made Thursday in the form of a note delivered to the judge offered the clearest glimpse yet of what may be keeping jurors from reaching a verdict on whether the Massachusetts mother is criminally responsible for killing her three children.
The jury has twice told Judge William Sullivan that it is unable to agree on a verdict. On Thursday, Sullivan brought in each juror individually and questioned them in private. The judge then reread his instructions on reasonable doubt before sending them back to continue deliberating. Soon thereafter, he sent them home.
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