The jury deciding Lindsay Clancy’s fate ended a dramatic sixth day of deliberations Thursday without a verdict amid a dispute involving a holdout juror, with deliberations set to resume Friday.
The panel of nine women and three men has twice reported being deadlocked. Jurors are expected to return Friday, when Judge William Sullivan is also set to address a dispute involving one member of the panel.
Earlier Thursday, defense attorney Kevin Reddington unsuccessfully sought to remove a juror after the foreperson reported that the person was refusing to follow the court’s instructions on reasonable doubt.
Reddington warned that the case could end without a verdict because of a juror who had “spurned the instructions” of the court.
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Prosecutors objected to removing anyone, arguing there was no way to determine who was right or wrong without improperly examining the jury’s private deliberations. They said Sullivan had acted appropriately by questioning the jurors about whether they could follow the law and again instructing them on reasonable doubt.
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Sullivan declined, calling the removal of a deliberating juror “a sensitive undertaking” and saying the court could not take sides in the jury’s deliberations.
After court, Reddington revealed that a later jury note appeared to show an 11-to-1 divide.
“When a note that the judge already has says that there are 11 jurors that have made a decision and one juror will not apply reasonable [doubt]…” Reddington said.
The note does not reveal which verdict the 11 jurors favor or how the remaining juror is leaning.
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Reddington said Sullivan plans to hold an inquiry at 9 a.m. Friday. If jurors again say they cannot reach a unanimous decision, the case could end in a mistrial.
The defense attorney said he expects the arguments over the jury issue to take place in open court rather than at sidebar.
Asked whether a retrial could favor prosecutors, Reddington issued a blunt response.
“Bring it,” he said, adding that his witnesses and evidence are ready.
“I got witnesses lined up. We’re all set. Dr. Resnick is ready. I’m ready. We’ve got all our evidence. Witnesses are available, so let’s go,” Reddington said.
Reddington said prosecutors might seek to put off another trial “for six months or a year,” but indicated he would be ready to move quickly. He deferred to Plymouth County District Attorney Timothy Cruz when questioned about the possibility of a plea agreement.
“Let’s see what Mr. Cruz wants to do, and then we’ll talk about our options,” Reddington said.
Clancy, 36, faces three counts of first-degree murder in the deaths of her children, Cora, Dawson and Callan, who were all under the age of 6 when they were found strangled in the family’s Duxbury, Massachusetts, home in January 2023.
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She does not dispute killing them. Jurors must instead decide whether she was criminally responsible at the time.
Prosecutors argue Clancy understood what she was doing and should be held responsible for the children’s deaths. Her attorneys contend she was suffering from postpartum psychosis and could not appreciate the wrongfulness of her actions or conform her conduct to the law.
The jury is considering several possible outcomes, including first-degree murder, second-degree murder, voluntary or involuntary manslaughter, not guilty by reason of lack of criminal responsibility, or not guilty.
