Judge says mistrial likely, permits defence to file an emergency appeal

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 criminal 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 William Sullivan said he would give Reddington one hour to handle it.