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

Judge William Sullivan 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.

Follow the latest on the trial here.