Lindsay Clancy verdict: What happens to her after mistrial ruling? Could she be out on bail?

Lindsay Clancy faces a likely mistrial after a third jury deadlock. She remains at Tewksbury Hospital as prosecutors consider a retrial or plea deal.

The jury in the Lindsay Clancy trial returned deadlocked for the third time on Friday in Plymouth, Massachusetts, and a mistrial verdict seems increasingly likely now.

Lindsay Clancy looks on as the jury has indicated they are unable to reach a verdict Sept. 4. (Greg Derr/Pool The Patriot Ledge)

“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 said in its statement.

Clancy's attorney Kevin Reddington has one hour to file an emergency stay- an appeal to the Supreme Judicial Court to intervene - barring which Judge William Sullivan said that he intends to declare a mistrial. But experts believe that a mistrial is much more likely at this stage. Reddington has filed an emergency stay at the Massachusetts Supreme Judicial Court, CNN confirmed citing records from the clerk's office.

Given that the trial looks set to end without a resolution, a key question is what happens to Lindsay Clancy after the mistrial verdict? In this article, we will look at how the 36-year-old suspect will have to live after a mistrial, having neither a conviction nor an acquittal.

A mistrial ruling for Lindsay Clancy does not mean she has been acquitted of the charges. The three murder charges against the 36-year-old - for killing her three children - will remain alive.

Additionally, Lindsay Clancy's current custody status will stay as it is. This means that the 36-year-old will remain at the Tewksbury Hospital in Massachusetts, where she has been staying under a court order since 2023.

At this stage, the role of the prosecution and the defense are both critical. The prosecution will try to force a retrial or negotiate a plea deal, according to Brad Bailey, a Boston attorney who spoke to the Associated Press. The only other option for them is to dismiss the charges, which is unlikely.

Reddington's defense, meanwhile, is likely to be on preventing a potential retrial. But that is unlikely, experts feel, and the veteran attorney, in turn, may push to drop the charges against Lindsay Clancy.

“Sometimes they decide not to, because of the sense that there may be the same result each time they try it, and because of the expenditures involved in trying the case to begin with, particularly when you have expert witnesses,” Bailey told AP. “Those are going to be expensive cases.”