On Friday morning (AEST), news broke that a single juror is holding up a verdict in Lindsay Clancy’s murder trial.
Clancy is on trial for the murder of her three children.
She has pleaded not guilty by reason of insanity.
The jurors have been deliberating for nearly 36 hours, spread out over several days.
Speaking outside court, Lindsay Clancy’s lawyer said there would be “an inquiry” in court on Friday morning (local time).
It’s not clear what that inquiry will entail.
Background
Lindsay and Patrick Clancy had three children and lived in their family home in the U.S. state of Massachusetts.
She worked as a nurse, while he worked in software sales at Microsoft.
On the evening of 24 January 2023, Patrick returned home from picking up takeaway for the family to find Lindsay in the backyard.
He says Lindsay had tried to die by suicide.
He called emergency services.
Patrick said he found their three children in the basement.
Two of the three died that night, and the third died in hospital days later.
Lindsay was hospitalised and is now paralysed from the waist down.
Her legal team does not dispute that she killed her children.
What is in dispute is if she should be held criminally responsible.
They argue she should be found not guilty by reason of insanity due to postpartum psychosis (PPP).
PPP is a rare but severe psychiatric emergency marked by mania, hallucinations and paranoia.
It has been linked to an elevated risk of suicide and infanticide.
In the months before the killings, multiple doctors prescribed Lindsay 13 different medications for her symptoms.
Jury
The jury consists of 12 people.
There are also six alternates who sat through the trial and were dismissed before deliberations.
Alternates are used in case a juror is unable to serve or there is misconduct.
In a jury trial, a judge will give the jurors instructions on how to apply the law before they deliberate.
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In recent days, the jury twice told the judge they were deadlocked, but the judge told them to keep deliberating.
Today, after another note from the jury, the judge, William Sullivan, repeated some of his instructions.
Sullivan reminded the jurors of the legal definition of “proof beyond a reasonable doubt,” the standard in criminal cases.
Sullivan said: “Proof beyond a reasonable doubt does not mean proof beyond all possible doubt.”
“If you evaluate all the evidence and you still have a reasonable doubt remaining, the defendant is entitled to the benefit of that doubt and must be acquitted.”
After Sullivan repeated his instructions, Lindsay’s lawyer Kevin Reddington spoke to the court at large.
He said: “There’s one juror who refuses to listen to the law that you’ve given him or her on reasonable doubt.”
Reddington asked the judge to remove this juror from the jury.
The judge declined this request, saying it is “not appropriate for me to say I agree with one juror or the 11”.
Reddington later said outside court there will be an “inquiry” on Friday morning (local time).
What might happen now?
Outcome 1: Resolution
Through continued deliberations, the 12 jurors come to a unanimous decision.
The jury then gives their verdict.
Outcome 2: Mistrial
If the jurors still can’t all agree, even with more time for deliberation, the judge can declare a mistrial. (Note: A juror can’t simply be dismissed or replaced by an alternate juror because they disagree with the rest.
This would only happen if the judge found there was misconduct or if a juror became unable to perform their duties.)
From there, one of two outcomes is possible:
Outcome 2a: New trial
The prosecution decides to launch a new trial.
A new jury is selected, and the same witnesses are called to give evidence, in hopes of securing a verdict this time.
Outcome 2b: Plea deal
Prosecutors choose to work with Lindsay and her lawyers to negotiate a plea deal.
If this story has raised issues for you, help is available 24/7 at Lifeline on 13 11 14.
If you’re a parent and you think you might be experiencing postpartum depression, you can call Perinatal Anxiety & Depression Australia (PANDA) seven days a week on 1300 726 306.
