Lindsay Clancy Case: What Happens After a Mistrial?

A judge declared a mistrial in Lindsay Clancy’s case on Friday, September 4. The decision came on the jury’s seventh day of deliberations, during which they presented a letter to Judge William Sullivan that said, “With a heavy heart, we report we are unable to come to a unanimous decision. We will not be able to.”

After the mistrial was declared, Clancy’s defense team requested an emergency stay from the Supreme Judicial Court. Judge Sullivan gave the defense one hour to file the appeal.

The judge’s decision came one day after the jury confirmed they were deadlocked. The jury seemingly indicated that one person was the holdout, as Clancy’s lawyer Kevin Reddington asked the judge to dismiss that juror.

“The note indicates that the juror has acknowledged doubt but refuses to apply it,” Reddington said. “That note does not indicate that the juror refuses to follow the law.” Judge Sullivan denied Reddington’s request.

When requesting his emergency stay after the mistrial verdict, Sullivan added, “I believe that this is a situation where there is a clear and present danger that this individual, for some reason – what it is, we don’t know – but is taking a position that’s intractable, regardless of proof beyond a reasonable doubt. So I want an opportunity to take an appeal to the single justice, if the court would afford us that opportunity.”

While Clancy and her defense team do not deny that she killed her three children in 2023, they have argued that she is not criminally responsible for the deaths because she had postpartum psychosis at the time of the killings. Prosecutors, on the other hand, insist that she acted intentionally.

There were several possible verdicts the jury could’ve came to in deliberations: not guilty, not guilty by reason of insanity, first-degree murder, second-degree murder, and manslaughter.

However, a mistrial verdict means the case goes back to square one and the prosecution has to decide whether they want to try the case again with a new jury. Clancy would still be charged with the murder of her kids and remain at a psychiatric hospital while awaiting her new trial. It’s possible, but unlikely, that the prosecution could decide not to retry the case. Prosecutors could also offer Clancy a plea deal.

If you or someone you know needs help with mental health, contact the Crisis Text Line by texting HOME to 741741, contact the National Alliance on Mental Illness at 1-800-950-NAMI (6264). If you or a loved one are in immediate danger, call 911.