The Clancy jury continues to deliberate : NPR

The jury in the trial of Lindsay Clancy, the mother charged with murdering her three children, said it’s not yet come to an unanimous decision. The judge has urged them to keep trying.

Transcript

MARY LOUISE KELLY, HOST:

Jurors are deadlocked in the trial of Lindsay Clancy, the Massachusetts woman charged with killing her three children in 2023. Today was the fourth day of deliberations, and jurors told the judge they could not reach a unanimous decision. The judge told them, keep trying. Deborah Becker from member station WBUR has been covering the trial and is at the courthouse in Plymouth, Massachusetts. Hi there.

DEBORAH BECKER, BYLINE: Hello.

KELLY: Hey. So fill in the picture a bit more on what exactly happened in court today.

BECKER: Well, about an hour after deliberations began this morning, jurors came back into the courtroom and reported they could not reach a unanimous verdict. However, following the judge’s instructions, they returned to deliberate for the rest of the day, and they will continue tomorrow. Clancy’s attorney Kevin Reddington says he’s encouraged by that, and he hopes jurors will reach a verdict.

KEVIN REDDINGTON: I’m very pleased with the work that this jury has put into the case.

BECKER: And legal experts say it’s not all that unusual for jurors to report no consensus at this point. And so far, they have deliberated about 23 hours.

KELLY: And just back up and just remind us what the jury is considering.

BECKER: So this jury of nine women and three men have some options. They’ve been asked to decide if Lindsay Clancy is guilty of first-degree murder, second-degree murder, or manslaughter, or if she’s not criminally responsible because of her mental state. Her defense argues she was experiencing postpartum psychosis and was not in control of her behavior. The prosecution says she deliberately planned to kill her children. They were 5 years old, 3 years old and 8 months old at the time. I spoke with defense attorney Ryan Sullivan, who’s not involved in this case, and he says he’s not surprised that jurors are struggling in a complicated case like this.

RYAN SULLIVAN: What the jury is saying is, look, you know, essentially, we’ve discussed it, and someone is saying, this is what I think, and another person is saying, you cannot convince me otherwise. You know, there’s no movement.

KELLY: So where might this go from here? What is the likelihood that we’re going to have – end with a hung jury?

BECKER: Well, the jury goes back to their chamber in the courthouse tomorrow. They could come back a second time and tell the judge they can’t reach a unanimous verdict. If that happens, the judge could then issue what are called in Massachusetts Tuey-Rodriguez instructions. Boston criminal defense lawyer Shira Diner says lawyers call that the dynamite option. It’s when a judge strongly urges jurors to reach a consensus, saying they are in the best position to issue a verdict.

SHIRA DINER: Then he would send them back out. And again, maybe they come up with a verdict, but if they don’t, at that point, the judge would most likely declare a mistrial.

KELLY: And what happens then, if there is a hung jury or a mistrial?

BECKER: Well, the DA would then decide whether to hold a new trial, and the DA could consider lesser charges such as second-degree murder or manslaughter. Then there would be a bench trial with just the judge, no jury. Lindsay Clancy would remain committed to the state hospital where she’s been for three years – more than three years. And I think many people really dread the thought of another trial. This has been long.

KELLY: Deborah Becker from member station WBUR reporting from outside the courthouse. Thank you.

BECKER: You’re welcome.

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