The Lindsay Clancy trial looks all set to be ruled a mistrial by Judge William Sullivan at the Plymouth court after the jury returned deadlocked the third time on Friday, September 4. Despite trying hard to prevent a mistrial, Clancy's lawyer, Kevin Redington, was unable to convince Judge Williams to ask the jury to deliberate again.
However, the 75-year-old veteran criminal attorney was granted a 1-hour window to file an emergency stay at the Massachusetts court. If Reddington fails to do that, Judge Sullivan said he intends to rule a mistrial.
“It is with a heavy heart that we report we are unable to come to a unanimous decision and will not be able to,” the jury's note, read out by Judge Sullivan, stated.
What Is An Emergency Appeal?
An emergency appeal is a request for a higher court to quickly review a judge’s decision before it takes effect. In the Lindsay Clancy trial, the judge said the emergency stay can be filed with the Supreme Judicial Court.
The defense sought to stop the mistrial and allow the jury to continue deliberating, but Judge Sulliavian made it clear that he intends to declare a mistrial in the next one hour. It does not mean Clancy was convicted or acquitted. It means the trial was unable to reach a clear resolution.
CNN legal correspondent Jean Casarez said live on air that the higher court will require a “very clear and egregious error on the part of this court” to accept the emergency stay, indicating that a mistrial is more likely at this stage.
{{/usCountry}}CNN legal correspondent Jean Casarez said live on air that the higher court will require a “very clear and egregious error on the part of this court” to accept the emergency stay, indicating that a mistrial is more likely at this stage.
{{/usCountry}}Lindsay Clancy is charged with three counts of murder for the deaths of her three children, Cora, 5; Dawson, 3; and Callan, 8-month-old. She doesn't deny the killings, but her defense maintains that the acts were not criminal, as Clancy was suffering from mental illnesses, including postpartum psychosis.
Dramatic Scenes At Courthouse As Mistrial Decision Is Announced
The scenes at the courtroom in Plymouth turned dramatic on Friday just as the judge announced his intention to declare a mistrial. Clancy was immediately taken out of the courtroom, and the spectators were in shock.
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Attorney Kevin Reddington was seen deliberating the next steps, especially the one-hour period to file the emergency appeal. Clancy's family, who were also present, seemed disturbed by the decision and walked out of the court "solemnly," CNN reported.
Journalists, the public and supporters of Lindsay Clancy gathered outside the courthouse were visibly surprised at the verdict, the CNN report added.