{"id":338497,"date":"2026-09-05T00:36:35","date_gmt":"2026-09-05T00:36:35","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ny\/338497\/"},"modified":"2026-09-05T00:36:35","modified_gmt":"2026-09-05T00:36:35","slug":"lindsay-clancy-judge-to-declare-mistrial-but-grants-lawyer-hail-mary-bid-to-appeal","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ny\/338497\/","title":{"rendered":"Lindsay Clancy judge to declare mistrial &#8212; but grants lawyer Hail Mary bid to appeal"},"content":{"rendered":"<p>PLYMOUTH, Mass. \u2013 A judge is set to <a href=\"https:\/\/nypost.com\/2026\/09\/04\/us-news\/lindsay-clancy-murder-trial-officially-ends-in-mistrial-after-lawyers-hail-mary-appeal-denied\/\" rel=\"nofollow noopener\" target=\"_blank\">declare a mistrial<\/a> in Lindsay Clancy\u2019s murder trial Friday on the seventh day of deliberations \u2014 but gave her defiant lawyer just one hour to file an emergency appeal against the ruling.<\/p>\n<p>The <a href=\"https:\/\/nypost.com\/2026\/09\/04\/us-news\/lindsay-clancy-defense-confirms-holdout-juror-is-male\/\" rel=\"nofollow noopener\" target=\"_blank\">12-person jury<\/a> \u2013 made up of nine women and three men \u2013 told Judge William Sullivan that they could not agree on whether to convict Clancy, 36, on three counts of first-degree murder.\u00a0<\/p>\n<p>\u201cIt is with a heavy heart that we will not be able to come to unanimous decision,\u201d Sullivan said, reading the panel\u2019s third note indicating their impasse Friday morning.<\/p>\n<p>The judge in the Lindsay Clancy trial was ready to declare a mistrial after the 12 jurors could not reach a unanimous decision. USA TODAY Network via Reuters Connect<\/p>\n<p>Defense attorney Kevin Reddington makes an argument as the jury resumes deliberations in the Lindsay Clancy murder trial on Friday, September 4, 2026, in Plymouth Superior Court in Plymouth, Massachusetts. via REUTERS<\/p>\n<p>Without a verdict \u2014 and despite a nearly five-week-long trial that saw <a href=\"https:\/\/nypost.com\/2026\/08\/25\/us-news\/final-witness-in-lindsay-clancys-murder-trial-points-to-markedly-inconsistent-facts\/\" rel=\"nofollow noopener\" target=\"_blank\">testimony from roughly 85 witnesses<\/a> \u2014 Sullivan said he doesn\u2019t have \u201cany choice but to declare a mistrial.\u201d<\/p>\n<p>The judge then asked for the jury to be brought in so he could call it \u2014 but Clancy\u2019s lawyer, Kevin Reddington, asked him to hold off so he could get an 11th-hour emergency stay blocking the mistrial.<\/p>\n<p><a href=\"https:\/\/nypost.com\/2026\/09\/04\/us-news\/lindsay-clancy-verdict-watch-day-7-live-updates\/\" rel=\"nofollow noopener\" target=\"_blank\">Follow The Post\u2019s live updates on the Lindsay Clancy trial<\/a><\/p>\n<p>Sullivan reluctantly granted Reddington just one hour to rush to make his Hail Mary bid at Massachusetts\u2019 highest appeals court.<\/p>\n<p>The jury first indicated they were at an impasse on the fourth day of deliberations after nearly 18 hours. But the judge told them to keep at it.<\/p>\n<p>The next day, after almost 28 total hours of deliberations, the jury issued another note, telling Sullivan a unanimous decision could not be reached. The judge then <a href=\"https:\/\/nypost.com\/2026\/09\/02\/us-news\/lindsay-clancy-judge-gives-deadlocked-jury-last-resort-tuey-rodriguez-charge-after-they-cant-reach-verdict\/\" rel=\"nofollow noopener\" target=\"_blank\">read the Tuey-Rodriguez charge<\/a>, instructing them to deliberate some more.<\/p>\n<p>One day later, on Thursday, jurors sent another note to the judge.<\/p>\n<p>Kevin Reddington has asked for a one-hour stay to appeal to the state supreme court. Greg Derr\/The Patriot Ledger<\/p>\n<p>Reddington revealed that the mysterious jury note that prompted the judge to question the jurors one by one at sidebar was from the foreperson, <a href=\"https:\/\/nypost.com\/2026\/09\/04\/us-news\/lindsay-clancy-wants-appeal-court-to-force-trial-judge-to-boot-holdout-juror-or-question-him\/\" rel=\"nofollow noopener\" target=\"_blank\">claiming a single juror \u201crefuses to follow the law\u201d<\/a> on the judge\u2019s instruction about reasonable doubt. The defense attorney lost his bid to have the panelist tossed from the jury.<\/p>\n<p>Friday morning, Reddington argued for the holdout juror to be questioned individually by the judge, revealed the individual was a man and accused him of lying. But Sullivan shot down the request and sent the jurors back for more deliberations.<\/p>\n<p>If declared, the mistrial decision does not grant the former nurse automatic freedom \u2014 instead, she will remain in custody at Tewksbury Hospital while the Plymouth County District Attorney\u2019s Office decides where to take the closely watched case next.\u00a0<\/p>\n<p>Judge Sullivan indicates he will rule a mistrial after the jury in the Lindsay Clancy case indicated they are unable to reach a verdict on Friday. Greg Derr\/The Patriot Ledger<\/p>\n<p>Prosecutors\u2019 options include <a href=\"https:\/\/nypost.com\/2026\/09\/03\/us-news\/lindsay-clancys-lawyer-drops-jury-bombshell-reveals-one-juror-refuses-to-listen-to-the-law\/\" rel=\"nofollow noopener\" target=\"_blank\">putting Clancy on trial a second time<\/a>, trying to negotiate a plea deal or dropping the charges altogether.\u00a0<\/p>\n<p>Reddington previously indicated if the case were retried, Plymouth District Attorney Timothy Cruz could opt to downgrade the charges to second-degree murder.<\/p>\n<p>The hypothetical scenario would allow Clancy to choose a judge rather than a jury to oversee her retrial \u2014 an option not afforded to her with first-degree murder charges, Reddington said.<\/p>\n<p>Family of Lindsay Clancy in the courtroom on Friday. AP<\/p>\n<p>Reddington has repeatedly opined that Cruz would insist the case be tried a second time.<\/p>\n<p>The potential mistrial comes after jurors heard dueling accounts of <a href=\"https:\/\/nypost.com\/2026\/08\/25\/us-news\/final-witness-in-lindsay-clancys-murder-trial-points-to-markedly-inconsistent-facts\/\" rel=\"nofollow noopener\" target=\"_blank\">the mom\u2019s state of mind<\/a> when she fatally strangled Cora, 5; Dawson, 3, and 8-month-old Callan using exercise bands before trying to take her own life on Jan. 24, 2023.\u00a0<\/p>\n<p>Reddington argued that Clancy was in the <a href=\"https:\/\/nypost.com\/2026\/09\/04\/us-news\/possible-outcomes-from-the-lindsay-clancy-trial-revealed\/\" rel=\"nofollow noopener\" target=\"_blank\">throes of postpartum psychosis<\/a>, worsened by a myriad of prescription medications, and had hallucinated a man\u2019s voice inside her head instructing her to kill the children and herself.<\/p>\n<p>Scene from inside the courtroom of the Lindsay Clancy trial on Friday. AP<\/p>\n<p>Prosecutors countered that she was in her right mind and had carefully planned the killings, including getting her <a href=\"https:\/\/nypost.com\/2026\/09\/04\/us-news\/lindsay-clancys-ex-patrick-his-new-wife-hold-hands-as-murder-trial-grips-the-nation\/\" rel=\"nofollow noopener\" target=\"_blank\">then-husband, Patrick Clancy<\/a>, to pick up medication at CVS and takeout from a local restaurant so that she could be alone with the children in their Duxbury home.\u00a0\u00a0<\/p>\n<p>The jury made its only request for evidence on Aug. 28, asking to see the knife Lindsay Clancy used in her suicide attempt and her prescription pill bottles.<\/p>\n<p>If the jury unanimously agreed with Lindsay Clancy\u2019s insanity defense, the former nurse would remain committed at a state psychiatric facility indefinitely \u2013 and only ever be freed if doctors determine she was no longer a danger to herself or others.<\/p>\n<p>But if they side with the prosecution and <a href=\"https:\/\/nypost.com\/2026\/08\/24\/us-news\/psychiatrist-admits-lindsay-clancy-was-in-a-serious-psychiatric-state-before-killing-her-3-kids\/\" rel=\"nofollow noopener\" target=\"_blank\">convict Lindsay Clancy of first-degree murder<\/a>, she would face a mandatory life sentence behind bars with no chance of parole under Massachusetts law.<\/p>\n<p>Both sides rested their cases after a total of 21 days of testimony, which began with <a href=\"https:\/\/nypost.com\/2026\/07\/26\/us-news\/lindsay-clancys-ex-husband-to-take-the-stand-as-first-witness-in-triple-murder-trial\/\" rel=\"nofollow noopener\" target=\"_blank\">Patrick Clancy taking the stand<\/a> as the first witness last month.<\/p>\n<p>Patrick Clancy \u2014 who has since moved to <a href=\"https:\/\/nypost.com\/2026\/07\/24\/us-news\/lindsay-clancys-ex-husband-is-remarried-to-new-york-city-fertility-doctor\/\" rel=\"nofollow noopener\" target=\"_blank\">New York City and remarried<\/a> infertility specialist Rachel Danis \u2014 told jurors that Lindsay Clancy repeatedly sought help for her worsening mental state in the months leading to the killings.<\/p>\n<p>The jury told Judge William Sullivan that they could not agree on whether to convict Lindsay Clancy of three counts of first-degree murder.\u00a0 via REUTERS<\/p>\n<p>She began seeing a psychiatrist, called a suicide hotline twice, checked herself into a mental institution for five days and sought help from two perinatal clinics \u2013 but still, she \u201ckept getting worse and worse,\u201d Patrick Clancy testified, and said Lindsay Clancy had even opened up to him about having thoughts of harming the kids.<\/p>\n<p>Lindsay Clancy\u2019s \u201cbig spiral\u201d was further fueled, according to Patrick Clancy and Reddington, by <a href=\"https:\/\/nypost.com\/2026\/07\/27\/us-news\/lindsay-clancy-was-on-cocktail-of-at-least-6-psychiatric-meds-when-she-strangled-her-3-kids-ex-husband\/\" rel=\"nofollow noopener\" target=\"_blank\">at least 13 psychiatric medications<\/a> prescribed to her by five separate providers from November 2022 up until a day before the murders, including drugs for anxiety, depression, sleep disorders and anti-psychotic meds.<\/p>\n<p>Patrick Clancy hauntingly recalled returning to the family\u2019s home to find Lindsay Clancy in the backyard with slits on her wrists and throat after plunging from a second-story window \u2014 before racing inside and discovering his <a href=\"https:\/\/nypost.com\/2026\/08\/14\/us-news\/lindsay-clancy-made-disturbing-google-searches-before-killing-her-3-kids\/\" rel=\"nofollow noopener\" target=\"_blank\">three children dead in the basement<\/a>.<\/p>\n<p>\u201cShe killed the kids,\u201d the father could be heard screaming during the 911 call played for jurors.<\/p>\n<p>Jurors heard dueling accounts of Lindsay Clancy\u2019s state of mind when she fatally strangled Cora, 5, Dawson, 3 and 8-month-old Callan using exercise bands before trying to take her own life on Jan. 24, 2023.\u00a0 Plymouth Superior Court<\/p>\n<p>Lindsay Clancy, who attended the trial in a wheelchair after becoming paralyzed from the waist down, repeatedly broke down in tears during harrowing testimony.<\/p>\n<p>She was seen sobbing as the 911 call played, <a href=\"https:\/\/nypost.com\/2026\/07\/24\/us-news\/intimate-questions-potential-lindsay-clancy-jurors-were-asked-before-being-sat-for-murder-trial-revealed\/\" rel=\"nofollow noopener\" target=\"_blank\">jurors were shown<\/a> family photos and video from happier times, while the children\u2019s pajamas and the exercise bands she used to strangle them were presented in court, and while a medical examiner testified about the <a href=\"https:\/\/nypost.com\/2026\/08\/21\/us-news\/lindsay-clancy-trial-august-21\/\" rel=\"nofollow noopener\" target=\"_blank\">autopsy she performed on baby Callan<\/a>.<\/p>\n<p>Other family members, including Lindsay Clancy\u2019s ex-mother-in-law, mother and sister, testified about her historically joyful and capable personality <a href=\"https:\/\/nypost.com\/2026\/08\/13\/us-news\/lindsay-clancys-secret-note-reveals-moms-tragic-thoughts-before-killing-her-3-kids-trial\/\" rel=\"nofollow noopener\" target=\"_blank\">devolving after Callan\u2019s birth<\/a>, when she was struggling with crippling insomnia, depression and anxiety about going back to work after her maternity leave ended.<\/p>\n<p>Patrick Clancy (seen in court) told jurors that his ex-wife repeatedly sought help for her worsening mental state in the months leading up to the killings. via REUTERS<\/p>\n<p>But prosecutors maintained that Lindsay Clancy\u2019s behavior showed planning rather than psychosis, and claimed that she \u201cmanipulated\u201d the <a href=\"https:\/\/nypost.com\/2026\/08\/12\/us-news\/lindsay-clancys-haunting-messages-to-nurse-revealed-weeks-before-she-killed-her-3-kids\/\" rel=\"nofollow noopener\" target=\"_blank\">healthcare providers who treated her<\/a>.\u00a0<\/p>\n<p>\u201cLindsay made a calculated decision. She was a woman who no longer liked the life she thought she wanted. It was getting harder and harder for her to control and when she saw the opportunity to escape, she made the selfish choice to take it,\u201d Plymouth County prosecutor Shanan Buckingham said during opening statements.\u00a0<\/p>\n<p>\u201cShe chose to manipulate her providers, seeking out a quick and easy fix when she was feeling depressed and anxious. And when she didn\u2019t get what she expected, she chose the alternate route.\u201d<\/p>\n<p>Family members, including Lindsay Clancy\u2019s ex-mother-in-law, mother and sister, testified about her historically joyful and capable personality devolving after Callan\u2019s birth.<\/p>\n<p>Eventually, \u201cShe made a choice, a deliberate and intentional decision, that she did not want to try anymore. And because no one could take care of her kids the way she wanted them to, she had to take them with her too,\u201d Buckingham told jurors.\u00a0<\/p>\n<p>Testimony also revealed that the mom had made a series of <a href=\"https:\/\/nypost.com\/2026\/08\/14\/us-news\/lindsay-clancy-made-disturbing-google-searches-before-killing-her-3-kids\/\" rel=\"nofollow noopener\" target=\"_blank\">disturbing Google searches<\/a> \u2013 including \u201cHow to slit throat to die\u201d \u2014 in the days and weeks leading up to the killings.\u00a0<\/p>\n<p>Psychologists called to testify, meanwhile, shared <a href=\"https:\/\/nypost.com\/2026\/08\/21\/us-news\/lindsay-clancys-distorted-mind-convinced-her-she-was-doing-her-children-a-favor-by-killing-them-psychiatrist-reveal\/\" rel=\"nofollow noopener\" target=\"_blank\">contradicting evaluations<\/a> about Lindsay Clancy\u2019s mental state and hallucinations.<\/p>\n<p>Many Clancy supporters \u2013 the majority of whom are women \u2013 even showed up to court wearing pink T-shirts and arguing that she should not be found criminally liable for the murders. USA TODAY Network via Reuters Connect<\/p>\n<p>Renowned psychiatrist Dr. Phillip Resnick \u2014 a defense witness \u2014 claimed the command voice forced Lindsay Clancy into the killings and that she could not be held criminally responsible for what she did that day.\u00a0<\/p>\n<p>\u201cIt was almost like she was a puppet and someone was pulling the strings,\u201d he said.<\/p>\n<p>He claimed she had a \u201cdistorted\u201d belief that she was doing the kids \u201ca favor\u201d by taking them with her when she killed herself.<\/p>\n<p>\t\t\t\t\t\t\tStart your day with all you need to know\t\t\t\t\t\t<\/p>\n<p class=\"inline-module__cta\">\n\t\t\t\t\t\t\tMorning Report delivers the latest news, videos, photos and more.\t\t\t\t\t\t<\/p>\n<p>\t\t\t\t\t\tThanks for signing up!\n\t\t\t\t<\/p>\n<p>But three rebuttal prosecution experts all said Lindsay Clancy\u2019s behavior demonstrated she knew what she was doing was wrong.<\/p>\n<p>Dr. Gregory Saathoff, a prosecution expert and forensic psychiatrist, testified there were \u201cinconsistencies\u201d in Lindsay Clancy\u2019s account of when the voice kicked in and differences between her and Patrick Clancy\u2019s accounts of the sequence of events that day \u2013 raising questions about whether she was telling the truth.<\/p>\n<p>The doctor claimed Lindsay Clancy was \u201cmethodical, quite controlled and organized\u201d during the crimes.<\/p>\n<p>The case put a national spotlight on issues surrounding mental illness and postpartum experiences among mothers, with many Lindsay Clancy supporters \u2013 the majority of whom are women \u2013 even <a href=\"https:\/\/nypost.com\/2026\/08\/20\/us-news\/lindsay-clancy-pink-lady-supporters-swarm-courthouse-as-murder-trial-winds-down\/\" rel=\"nofollow noopener\" target=\"_blank\">showing up to court<\/a> wearing pink T-shirts and arguing that she should not be found criminally liable for the murders.<\/p>\n<p>Other demonstrators advocated for Lindsay Clancy to be found guilty, and showed up to court with signs demanding justice for \u201cthe only innocents: Cora, Dawson and Callan.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"PLYMOUTH, Mass. \u2013 A judge is set to declare a mistrial in Lindsay Clancy\u2019s murder trial Friday on&hellip;\n","protected":false},"author":2,"featured_media":338498,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[115616,11539,2441,36099,238,9,11,10,4721,58],"class_list":["post-338497","post","type-post","status-publish","format-standard","has-post-thumbnail","category-new-york","tag-lindsay-clancy","tag-massachusetts","tag-mental-illness","tag-motherhood","tag-murders","tag-new-york","tag-new-york-headlines","tag-new-york-news","tag-trials","tag-us-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/338497","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/comments?post=338497"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/338497\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media\/338498"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media?parent=338497"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/categories?post=338497"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/tags?post=338497"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}