Lindsay Clancy jury deadlock: What happens in a hung jury?

The jury in the Lindsay Clancy murder trial remains deadlocked after four days of deliberations, prompting Judge William Sullivan to send the panel back for further discussions.

The 12-member jury, including 9 women and 3 men, is weighing whether she is criminally responsible for the deaths of her three children, Cora, 5, Dawson, 3, and Callan, 8 months old, in January 2023.

What is a hung jury?

A hung jury arises when there is no agreement among jurors even after thorough deliberations. When such a case happens, the judge announces a mistrial—a situation where there is no conviction or acquittal.

What happens next?

Further Deliberation: Prior to announcing the mistrial, judges normally try to persuade the jury to go on with the deliberations. In the case of Massachusetts, Judge Sullivan employed the “Tuey-Rodriguez charge,” which is an ordinary instruction for jurors to reconsider the evidence.

Announcement of Mistrial: When the deadlock still exists, the judge is forced to announce a mistrial.

Following a mistrial, prosecutors can:

• Retry the case with a new jury
• Offer a plea bargain for lesser charges
• Dismiss the charges entirely
• Double jeopardy protection

This will not amount to double jeopardy because the jury being unable to reach an agreement on a verdict is not considered a verdict under the law.

The lawyer for Clancy, Kevin Reddington, said that they would “absolutely” retry the case if need be. It appears that the defence says that Clancy suffered from postpartum psychosis at the time of the murders while the prosecution claims otherwise.

The jury is still deliberating, and there is the threat of a mistrial if they cannot agree.