For the second time, jurors said they could not reach a unanimous decision on a verdict in the Lindsay Clancy trial.
Jurors reported to the judge Wednesday afternoon that they remained at an impasse after 28 hours of deliberating as to whether Clancy should be convicted of first-degree murder for killing her three children in 2023.
Plymouth Superior Court Judge William Sullivan read jurors what are known as “Tuey-Rodriguez” instructions, strongly urging them to keep trying for a verdict.
“In order to make a decision more attainable, the law always imposes the burden of proof on one side or the other. In this criminal case, the burden of proof is on the Commonwealth to establish every part of it, every essential element, beyond a reasonable doubt,” Judge Sullivan read to the jury. “If you are left in doubt as to any essential element, the defendant is entitled to the benefit of that doubt, and must be acquitted.”
Some legal experts call the reading of these instructions the court’s “dynamite option,” because it essentially tells jurors that this is the final chance for them to decide. It’s often considered the last step, should the jury remain at an impasse, before a judge determines whether to declare a mistrial.
The jurors have been weighing extensive evidence and hundreds of hours of testimony from the five-week trial. The proceedings have garnered national attention and placed a sharp spotlight on the shortcomings of the mental healthcare system, especially for new mothers.
The jury’s task is to evaluate whether Clancy should be held criminally responsible for her children’s deaths, as the prosecution claims. Her defense team has argued she should not, because she was suffering from postpartum psychosis and could neither understand nor control her actions. But prosecutors said she carefully planned the killings as part of an attempt to die by suicide.
Attorneys say it is not unusual for jurors to report they cannot agree in complicated cases.
If the judge ultimately declares a mistrial, Plymouth County District Attorney Timothy Cruz would have to decide whether to re-try the case.