Lindsay Clancy trial: Mistrial declared after last-minute defense appeal is denied
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Clancy, who killed her three young children — Cora, 5, Dawson, 3, and Callan, 8 months old — at their Massachusetts home in January 2023, is charged with first-degree murder.
What to know about the trial
- The judge declared a mistrial today after the jury weighing the fate of Lindsay Clancy failed for the third time to reach a verdict in the case.
- The jury told Judge William Sullivan it was hopelessly deadlocked in the murder trial of Clancy, who killed her three young children — Cora, 5, Dawson, 3, and Callan, 8 months — at their home in Massachusetts before she tried to kill herself in January 2023.
- Clancy's lawyer stepped in at the last minute and said he wanted to appeal to a higher court. The judge granted him one hour to do so, but the top court in Massachusetts declined the appeal.
- Jurors were deliberating over charges of first-degree murder — involving “deliberate premeditation and extreme atrocity” — with the option to consider lesser manslaughter charges.
- Clancy’s mental health was a key issue. Her defense, led by attorney Kevin Reddington, argued she was experiencing postpartum psychosis and was compelled to act by a hallucinated voice when she strangled her children. Since she suffered from a mental disease, the defense argued, she's not criminally responsible.
- The prosecution’s closing argument, delivered by Plymouth County Assistant District Attorney Jennifer Sprague, said Clancy was a “functioning mom” who knew “right and wrong.” Clancy put a level of planning into the killings that indicates she wasn't psychotic, Sprague argued.
- The nearly six-week trial has taken over podcasts, social media and conversations beyond the Massachusetts courtroom. Clancy, 36, has also emerged as a symbol of the gaps in maternal healthcare.
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The Lindsay Clancy trial ended in legal fireworks. Did prosecutors light the fuse?
Prosecutors tried to convict Massachusetts mom Lindsay Clancy of first-degree murder and send her to prison for life for strangling her three young children.
But they may have undermined their own case by amplifying a key point that the defense had been making, namely that Clancy was struggling with her mental health, legal experts said.
And the witnesses Plymouth County prosecutors put on the stand were unable to convince all the jurors that Clancy knew right from wrong when she killed her kids on Jan. 24, 2023, the legal experts said.
“When the prosecutors all but acknowledged that Lindsay Clancy was suffering from a mental illness, they seriously undermined the argument for convicting her of first-degree murder,” veteran Boston defense attorney Brad Bailey told NBC News.
What happens now for Lindsay Clancy
Greg Derr / Pool / AFP via Getty Images
Clancy will return to Tewksbury Hospital, a psychiatric facility where she has been staying during the trial, Reddington said today.
As for the case, next the prosecution will decide on whether to seek a retrial. Plymouth County District Attorney Timothy Cruz said that decision won't be made hastily.
The prosecutor could decide to try her in front of a different jury on the first-degree murder charge or lesser charges. If he opts for lower charges, that could mean Clancy could be retried in a bench trial, where a judge rather than a jury delivers a verdict.
Reddington said today he'd consider a bench trial if it was on second-degree murder charges.
The judge has set a time for status conference on Sept. 29.
Patrick Clancy says reliving tragedy in retrial will be 'extraordinarily painful'
In a new statement, Lindsay Clancy's ex-husband thanked the court and jurors for their work in the case, and said a retrial would take an emotional toll.
David L. Ryan / The Boston Globe via Getty Images file
"The loss of Patrick’s children is something from which he will never recover and from which there will never be closure. The prospect of reliving this tragedy through another trial is extraordinarily painful — for Patrick, for his family, and for all us,” said David Meier, an attorney for Clancy.
How the vote breakdown of the Clancy jury will influence legal strategy in potential retrial
NBC News' legal analysts Danny Cevallos and Laura Jarrett discuss the Lindsay Clancy mistrial and how both the defense and prosecution will approach a potential retrial.
Reddington asked about social media rumors accusing Patrick Clancy of murder
Lindsay Clancy’s attorney was asked about his client’s ex-husband, Patrick Clancy.
“I think, Patrick, you heard the 911 call; I think you can judge his credibility by that 911 call. I don’t know what is in Patrick’s mind when he testified, and the jury was able to evaluate him,” Reddington told the media.
He was also asked about rumors on social media that have falsely accused Patrick Clancy of murder.
“Regarding the people on the internet, I certainly don’t dismiss them," he said. "It’s amazing how they’re able to figure out facts, and they do investigations; it’s just truly amazing. This whole concept of the internet, it really is.”
Reddington digs at DA, says 'he doesn't have a case'
Reddington threw several jabs at Plymouth County District Attorney Timothy Cruz after today's mistrial.
Joseph Prezioso / AFP via Getty Images
Speaking to reporters outside the courthouse, Clancy's defense attorney claimed Cruz “knows that he was crushed. He doesn’t have a case.”
“If I was Tim Cruz, I would probably say 'I don’t think I want to do a retrial' because he’s going to lose," he said.
When asked if he’d request a bench trial, Reddington said, “You’d have to ask Mr. Cruz, because I can’t do a bench trial in a first-degree murder. If it’s a second-degree murder, I could consider a bench trial.”
Reddington says Clancy is 'not good,' calls out juror who he claims held up verdict
Clancy’s defense attorney Kevin Reddington said his client is "not good" after today's mistrial.
He praised his client for her bravery, saying, “It’s not right what she had to go through because she grieves the loss of those three children, Cora, Dawson, and Callan.”
He praised most of the jury — except the one that he claimed prevented a verdict.
“Where do I begin to thank these jurors? Minus one," Reddington said.
He praised the jury foreperson who "came back immediately with the question, stating that this one individual — it was 11 to one for an acquittal — and one individual who recognized that there was reasonable doubt and refused to apply the law," he said.
Reddington said Clancy's family feel "robbed" by that juror who he said "stole seven weeks of the life of these other jurors that were so attentive, so pure, so wonderful and listened to this evidence, and you could see how defeated they were sitting there."
"I get a funny feeling that they would have gone on for another week if they had to. So I hope that guy can sleep well at night," he continued.
Clancy's attorney says retrial could be 'sometime in the fall'
Kevin Reddington said the judge indicated that a new trial could happen "sometime in the fall."
Greg Derr / Pool via The Patriot Ledger
"She'll be ready," Reddington said after a reporter asked if Clancy would be up for it.
Plymouth County District Attorney Timothy Cruz told reporters that he had not yet made a decision regarding a retrial.
Clancy’s civil attorneys say case against healthcare providers will move forward
Andrew Meyer and Rosemary Scapicchio, the attorneys representing Clancy in her civil trial, said their case will continue.
“We would not be here today but for the negligence of her doctors and medical providers,” Scapicchio told media today.
“She wouldn’t have gone through all she’s gone through for years. They dropped the ball,” Meyer said. “They caused her to be here, and everybody’s suffering as a result. There are many victims.”
Scapicchio said Clancy thinks about her three children every day. She said the situation is “devastating” to Clancy and her family, and said doctors need to start listening to women.
“It’s so infuriating that not only do they not get care, but let’s just talk about the names that they label women who are either depressed or have hormonal imbalances. They call them ‘baby blues,’” she said. “Do you think for a second if a man had erectile dysfunction, they’d be calling it ‘penis blues?’ No, because it minimizes what you’re suffering, and we’re here to change that on behalf of Lindsay.”
DA should consult Clancy family before proceeding: NBC legal analyst
Plymouth County DA Tim Cruz should consult with the Clancy family about how to proceed after today's mistrial in Lindsay Clancy's first-degree murder case, NBC News legal analyst Misty Marris said.
Marris said that Cruz has a weighty decision to make about how to go forward — including whether to retry the case at all.
"Do they want this to go to trial again or (do they want) some kind of resolution so that doesn't have to happen?" Marris said on NBC News NOW.
Cruz has discretion to determine the future of a case that has gripped the nation and ignited a furious debate about the issue of postpartum depression and postpartum psychosis.
The level of media attention could also make picking a second impartial jury more difficult, a factor that could influence Cruz's decision.
The district attorney could decide to downgrade charges to make the choice easier for another jury. He could also potentially work out a plea deal with Clancy, letting her enter a not guilty by reason of insanity plea.
That option that would require Clancy to be civilly committed to a psychiatric facility, maybe indefinitely.
Trump calls Clancy case a 'horrible tragedy'
President Donald Trump was asked about the Lindsay Clancy trial today, which he said he had been following.
“It’s a shame. It’s a horrible tragedy,” he said from the Oval Office.
“Look, she did a horrible, horrible thing. Can’t be worse. But you’ll find out what the price to pay is. There’ll be a price. It’s going to be mental institution or jail or something. But I guess they got to go through another trial. It’s too bad.”
Will Lindsay Clancy be retried? How and when it could happen
Judge William Sullivan declared a mistrial today after the jury weighing the fate of Lindsay Clancy failed for the third time to reach a verdict. NBC News' Laura Jarrett and Misty Marris discuss when the Massachusetts mother could face another trial.
Plymouth County DA says no decision today on retrial
Plymouth County District Attorney Timothy Cruz spoke to reporters after today's court proceeding, thanking the jury for their "hard work."
He said no decisions will be made today regarding retrial.
"But in the end, I bring it all back to the child victims in this case, Cora, Dawson and Callan. This was, and it has always been, about getting justice for those three little babies. We’re here at this courthouse today because those children are not," he said.
"Children were murdered and it's our job to seek justice," Cruz continued.
He doubled down that the case is not about how women are treated in the mental health care system. "This case however, was about Lindsay Clancy ... and the cruel, calculated killing of three innocents," Cruz said.
What it was like in the courtroom as mistrial was declared
Moments ago, the courtroom was hushed when the mistrial was declared, marking an emotional close for this jury in the nearly six-week trial.
One juror became visibly upset when the mistrial was announced, putting their hands over their face and slumping forward.
The jurors, including alternates, were focused on the judge as he addressed them. One of them briefly looked toward the defense table.
The jury and alternates appeared stoic as they exited the courtroom.
Sullivan thanks attorneys, attempts to schedule next status hearing
After dismissing the jurors, Sullivan acknowledged the work of the attorneys who have argued this case.
"I wanted to compliment all three counsel," Sullivan said. "A trial like this is so hard, so difficult, and so I just kind of wanted to to thank the three of you for your efforts in regards to this."
Reddington was quick to assert he wants to get back into the courtroom as soon as possible to argue next steps, but Sullivan and prosecutors pushed it back to Sept. 29.
Judge William Sullivan today. Greg Derr / Pool via The Patriot Ledger
Judge officially declares mistrial, jury discharged
The judge officially declared a mistrial this afternoon after the jury failed to reach a unanimous verdict.
He told the jury that he understands how hard it has worked on the case and thanked it for its dedication.
“You knew how difficult the case was going to be to listen to, facts-wise, but still you braced for that duty,” he told the jurors.
“And I just kind of wanted to also let you know I watched every day, day after day, week after week, all of you performing that duty that you braced for, and I just kind of wanted to let you know I understood how hard everybody worked in this case,” Sullivan said.
Reddington makes one more appeal for deliberations to continue
Reddington once again petitioned the judge to allow the jury to keep deliberating without the one juror who was in the way of a unanimous verdict, asking him to dismiss the juror and let the others continue with an alternate.
The judge denied the motion.
Defense appeal denied, judge intends to declare mistrial
Sullivan entered the court chambers after lunch said that that the emergency stay had been lifted, and the defense's request had been denied.
He said his intention was to declare a mistrial and bring the jury back in to do so.
Jury sent judge three deadlock notes
During deliberations, the jury sent the judge several notes saying it could not reach a unanimous verdict. The first deadlock note came Tuesday and the second Wednesday. Both times, the judge told the jury to keep deliberating.
But yesterday, the jury sent another note to the judge about reasonable doubt. The judge read instructions on the definition of reasonable doubt before bringing each juror in individually and asking if they could follow his instructions. The jury was then sent back to deliberate.
While speaking to the media, Clancy’s attorney referenced a second note that might have been sent to the judge on the same issue just before dismissal yesterday.
This morning, the jury again told the judge in a note that “with a heavy heart” it had been unable to reach a verdict.
Lindsay Clancy's lawyer requests one juror be removed following deadlock
Defense attorney Kevin Reddington has requested an emergency stay after Judge William Sullivan signaled a potential mistrial declaration. NBC News’ Laura Jarrett and Misty Marris explain the legal move and what happens next.
Clancy jury unable to come to unanimous decision, judge signals mistrial
A judge has signaled he will declare a mistrial in the Lindsay Clancy murder trial after the jury was unable to come to a unanimous verdict. Judge William Sullivan told defense attorney Kevin Reddington he had one hour to file an emergency stay before calling the jury back to dismiss them.
Hearing with Massachusetts' top court is over
Justice Dalila Argaez Wendlandt heard arguments from both the prosecution and the defense in a Zoom hearing to address defense attorney Kevin Reddington's emergency motion to throw out a juror that, according to a jury note, is having issues applying the law to the decision making process in the Clancy trial.
Prosecutor Jennifer Sprague offered a timeline of the last seven days of deliberations, outlining to Wendlandt when the jury issued deadlock notes and questions, and how those were handled in court.
Attorneys for the defense emphasized their asks on the filed motion: First, to inquire about the ability of the juror to apply the law, and second, to prohibit that juror from continuing deliberations until the judge can confirm that the juror is able to follow the law.
Wendlandt then ended the hearing in order to mull the evidence and make a decision. It is not immediately clear when the justice's decision will be handed down.
Lindsay Clancy judge says he’ll declare a mistrial, but grants defense one hour to appeal
A Massachusetts judge said he would declare a mistrial Friday after the jury weighing the fate of Lindsay Clancy failed for the third time to reach a verdict in the case of the mother accused of the strangling deaths of her three young children in 2023.
But in a dramatic courtroom moment, Clancy’s lawyer said he wanted to appeal to a higher court. The judge granted him one hour to do so.
Judge William Sullivan made the announcement after the jury sent the court a note saying it was still deadlocked.
“I’m going to declare a mistrial at this point,” Sullivan told the court Friday morning.
Both the prosecution and defense were given the opportunity to opine on the decision after the third deadlock.
Defense attorney Kevin and Lindsay Clancy in court today. Greg Derr / Pool via The Patriot Ledger
