The judge in the trial of Lindsay Clancy - the US mother accused of murdering her three children - says he intends to declare a mistrial, prompting an audible gasp in the courtroom
It comes after the jury said "with a heavy heart" they were"unable to come to a unanimous decision"
Clancy's legal team want to appeal the decision - the judge says they have one hour. Here's more on what a mistrial means
Clancy, 36, is charged with three counts of first-degree murder in the deaths of her three children - Cora, 5, Dawson, 3, and eight-month-old Callan - at their Massachusetts home in 2023
She does not deny killing them, but her lawyer argues she was suffering from postpartum psychosis, and could not distinguish right from wrong
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Pratiksha Ghildial
Reporting from court in Massachusetts
Image source, BBC/Pratiksha GhildialClancy's family, including (from left) her sister Allison Ozga, her mother Paula Musgrove and her father Michael Musgrove
Lindsay Clancy's family walked out of the courthouse as the court broke for lunch.
Clancy's mother, father and sister have been present for most of the trial.
After six and a half days trying to reach a verdict and several notes to the judge, Lindsay Clancy's jury is still deadlocked.
The judge has now stated his intention to declare a mistrial.
Here's a timeline of the key moments in deliberations so far:
Ione Wells
Reporting from court in Massachusetts
Court has now gone to lunch.
An announcement was made outside the courtroom that it will be another hour before proceedings begin again.
That means, by the time the break ends, it will have been well over the hour the judge said he’d give the defence to file his appeal.
Ione Wells
Reporting from court in Massachusetts
About fifty reporters and around thirty members of the public are still queuing outside the courtroom, waiting to hear if we will get back inside.
There was a flurry of activity after an hour passed, given the judge said that’s how long he’d give the defence to appeal to the Massachusetts Supreme Court.
But, it appears to be taking longer than that.
Today's proceedings are on hold for now as Kevin Reddington, the defence attorney for Lindsay Clancy files an emergency appeal against Judge William Sullivan's stated plans to declare a mistrial.
Here's a look inside the court in Plymouth, Massachusetts.
Image source, Pool via Getty Images
Image source, Pool via Getty ImagesKevin Reddington, defence attorney for Lindsay Clancy, stands alongside his client
Image source, Pool via Getty ImagesMike Musgrove, father of Lindsay Clancy
Ione Wells
Reporting from court in Massachusetts
An hour has passed now since Judge Sullivan told Reddington he could file an emergency appeal against his decision to declare a mistrial, but we are still waiting outside.
We'll let you know when we know more.
Ana Faguy
US reporter
"Wow and wow," Heather Cucolo, a New York Law School professor and mental health law expert, tells of me of the latest developments in court.
"A one-hour delay in filing an emergency petition for a stay with the Massachusetts Supreme Judicial Court before declaring the mistrial official is a desperate move, but it’s unlikely to have any significant impact," she adds.
"To push the jury to continued deliberations at this point is a risky move that could insinuate jury coercion and call any final verdict into question."
Pratiksha Ghildial
Reporting from outside court in Massachusetts
There are a few supporters of Lindsay Clancy milling outside while we await the final decision.
One of them, Kimberly Montgomery, has travelled from New Hampshire today. She says she has been following the case from the beginning and firmly believes that mothers in need should be supported.
"The (potential) mistrial is half as good as it could be. I do believe that would be a good step in the right direction," she says.
She hopes that even if there is a mistrial, Clancy will get some mental health support.
Grace Eliza Goodwin
US reporter
Clancy's lawyer Kevin Reddington has asked the judge to delay declaring a mistrial for an hour while he files an appeal to the Massachusetts Supreme Judicial Court - a request the judge has granted.
Such a move is "very, very rare and unusual", particularly if it means the jury has to come back to court tomorrow, on a Saturday, says William Kickham, a Massachusetts criminal defence attorney.
Reddington is "trying to make sure that the preservation of rights of his client is not disturbed. In other words, if there's going to be a mistrial, he wants it taken care of today in terms of the ability to have a mistrial," Kickham says.
"He wants to avoid another trial, and doing this may increase the chances that he can avoid that trial," he adds.
Ione Wells
Reporting from court in Massachusetts
I caught a glimpse of Lindsay Clancy's mother when we were leaving the courtroom a few minutes ago.
She, like Clancy, seemed to have a neutral expression that didn't give much away.
If this is a mistrial and the prosecution file for a re-trial, there's a chance that people who testified, like Clancy's mother, would need to go through that whole process again.
Pratiksha Ghildial
Reporting from court in Massachusetts
Maternal mental health experts say this case has thrown the spotlight on the gap in postpartum mental health healthcare in the US.
Postpartum mental health expert Nicole Kumi tells the BBC that just one appointment six weeks after delivery - the standard practice - isn't enough for mothers to get the help they need.
"We can’t keep expecting them to ask for help when they don't understand what's happening. We need to educate moms and workplaces in maternal mental health so her village is more prepared to step in. We wait for moms to be in crisis and then expect them to navigate the system which is poorly designed," Kumi says.
She says that support for Lindsay Clancy's mental health struggle doesn't mean agreeing with the deaths of her children.
"The best outcome from such a tragedy would be perinatal healthcare reform across the US Rather than allowing this to be another tragic case, it could be the turning point for maternal mental health."
In US criminal trials, the jury must reach a unanimous decision in order to convict a defendant.
The 12 member panel in the Clancy trial has been unable to meet this high level of agreement, telling the judge just now that, after several attempts at deliberation, they are still unable to come to a decision.
This differs from in the UK where if the jury cannot reach a unanimous verdict then the judge can allow them to reach a majority verdict.
Pratiksha Ghildial
Reporting from court in Massachusetts
People, mostly members of the media, are peeking inside from the glass windows to see if they will get a glimpse of lawyers or family members after the judge stated his intention to declare a mistrial.
A group of young women standing outside tell me they came to court because they heard about the case, and declined to share if they were supporters of Clancy or not. They said they heard about the possible mistrial but they don’t have any thoughts on the issue.
Image source, PoolWe are in limbo once again after a last-minute request from Clancy's attorney.
Here's what happened:
The judge called everyone back into the courtroom after he received a note from the jury who said they still could not come to a unanimous decision. In US criminal trials, jury unanimity is required for a conviction.
Prosecutors were in favour of a mistrial, while Clancy's attorney Kevin Reddington asked the judge to tell jurors to keep deliberating.
The judge said he had no choice but to declare a mistrial, leading Reddington to say he wanted to file an emergency appeal before a mistrial is declared.
It's not clear on what grounds Reddington will fill the appeal, but Judge Wiliam Sullivan said he would give Reddington one hour to handle it.
Madeline Halpert
US reporter
Judge William Sullivan has just stated his intention to declare this case a mistrial after jurors said they could not come to a unanimous verdict.
If he declares it, multiple things could unfold.
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 like these, prosecutors almost always ask for a retrial. If they do, the jury selection process will take place once again and a new trial will be scheduled.
If a new trial is planned, Clancy will remain in the same forensic mental health facility she has been in - though her defence attorneys could ask for a review of her bail situation, said Heather Cucolo, a New York Law School professor and expert in mental health law.
Ione Wells
Reporting from court in Massachusetts
When Judge William Sullivan said he plans to declare this a mistrial, there was an audible gasp from observers in the back of the courtroom.
Some of them have watched every day of this trial and travelled from around the country.
Image source, Pool via Getty ImagesBefore the judge formally declares a mistrial, Reddington says he wants to make an appeal.
It involves the American with Disabilities Act, arguing a juror took a position that was intractable regardless of proof beyond a reasonable doubt. He says he wants an opportunity to make the appeal before the mistrial is declared.
He says it would be filed today and he would argue it tomorrow.
The judge expresses frustration at the thought of bringing the jury back again tomorrow.
Ione Wells
Reporting from court in Massachusetts
Image source, Pool via Getty ImagesLindsay Clancy’s lawyer wants to appeal this decision to call a mistrial, and to call the jury back on a Saturday.
The judge says he’ll give him an hour to appeal to the Massachusetts Supreme Judicial Court.
Ione Wells
Reporting from court in Massachusetts
The judge in Lindsay Clancy’s trial has said he “does not feel he has any choice but to declare a mistrial."
It comes after the defence and prosecution received a note from the jury saying that it was with a “heavy heart” that they were unable to come to a unanimous decision.
The prosecution agreed it should go to a mistrial. The defence argued that the jury should be sent back before declaring a mistrial.
Image source, Pool via Getty ImagesDespite Reddington's objections, Judge Sullivan says he's going to declare a mistrial.
He's calling the jurors back in.
As he announces this, Clancy's expression appears crestfallen. She appears to be taking deep breaths.
