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A Massachusetts judge has sought to declare a mistrial in the case of Lindsay Clancy after jurors deadlocked and were unable to reach a verdict for the fourth consecutive day.
Clancy, 36, was charged with three counts of first-degree murder for the killings of her children – Cora, five, Dawson, three, and eight-month-old Callan.
The former nurse admitted to killing her three young children, but denies murder.
Jurors this afternoon were also able to consider lesser charges of second-degree murder and manslaughter.
Her lawyer, Kevin Reddington, argued she should not be held criminally responsible, as she was suffering from postpartum psychosis at the time of the killings and her suicide attempt.
Four consecutive days saw the nine women and five men of the jury unable to reach a unanimous decision, with yesterday's hearing plunging into chaos as defense attorneys sought the removal of a juror.
Prosecutors pushed for a mistrial to be declared, while Mr Reddington disagreed and said the jury should be sent back again.
The judge appeared to side with prosecutors, citing the two times he had already sent jurors back for deliberations.
Four consecutive days saw the nine women and five men of the jury unable to reach a unanimous decision
| GETTYLindsay Clancy’s lawyer is seeking a formal appeal of the decision to call a mistrial, and to call the jury back tomorrow.
The judge said he would give Mr Reddington one hour to appeal to the Massachusetts Supreme Judicial Court.
His appeal references the American with Disabilities Act, arguing a juror took a position that was intractable regardless of proof beyond a reasonable doubt.
He said he wants an opportunity to make the appeal before the mistrial is declared and claimed it would be filed today and he would argue it tomorrow.
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It a mistrial is officially declared in spite of the appeal, the prosecution can either refile and restart the trial with a new jury or negotiate a plea agreement.
Alternatively, prosecutors could dismiss the charges altogether.
In serious felony cases such as this, prosecutors almost always ask for a retrial – which would see the jury selection process take place once again, and a new trial will be scheduled.
Heather Cucolo, a New York Law School professor and expert in mental health law, pointed out that Clancy would remain in the same forensic mental health facility – although her defence attorneys could ask for a review of her bail situation.
Mr Reddington earlier said he would be prepared to defend Clancy in a second trial if necessary, and said he could be ready as soon as next week.
However, he later said: “I don’t want a mistrial. Why would I want a mistrial? I kicked the s*** out of their case."