Mistrial declared in trial of woman accused of killing her three children

After seven days of deliberations, the jury in Lindsay Clancy’s trial could not reach a unanimous decision on three first-degree murder charges. Judge William Sullivan therefore declared a mistrial.

The 12-member jury, made up of nine women and three men, first reported an impasse on the fourth day, after nearly 18 hours of deliberations. Sullivan instructed the jurors to continue. After almost 28 hours in total, they sent another note saying they could not agree, prompting the judge to read the required Tuey-Rodriguez instruction and send them back to deliberate.

The case became more complicated after a note raised questions about the jury foreperson. Defense lawyer Kevin Reddington said the note concerned a male juror who allegedly refused to follow the judge’s instruction on reasonable doubt. The defense sought to remove him and later asked that he be questioned separately, accusing him of not telling the truth. Sullivan rejected both requests.

The mistrial does not mean Clancy has been released. The former nurse will remain in custody at Tewksbury Hospital while the Plymouth County District Attorney’s Office decides what to do next. Prosecutors could seek a new trial, negotiate an agreement involving a specific sentence or withdraw the charges. Reddington has previously said prosecutors might reduce the charges to second-degree murder in a retrial, which could allow Clancy to choose a bench trial instead of a jury trial.