The Latest: Lindsay Clancy defense has filed emergency appeal seeking to avoid mistrial

PLYMOUTH, Mass. (AP) — Lindsay Clancy's trial judge declared a mistrial Friday after an emergency defense appeal was denied. Judge William Sullivan ended the trial after jurors on Friday sent a note for a third time saying they couldn't unanimously decide whether to hold her criminally responsible for killing her three young children in 2023.

Deliberations took a dramatic turn Thursday when the foreperson told the judge that a lone holdout was refusing to follow the court’s instructions about reasonable doubt. Clancy’s defense has argued that the judge’s refusal to remove the juror undermines the trial.

Clancy, a 36-year-old former labor and delivery nurse, doesn’t deny strangling her children in the basement of their home. Defense attorney Kevin Reddington blamed postpartum psychosis. Jennifer Sprague said Clancy knew what she was doing.

Postpartum psychosis is estimated to afflict 1 to 2 per 1,000 women after delivery. Experts at the Cleveland Clinic describe it as a mental health emergency affecting someone’s sense of reality. Though most people with postpartum psychosis don’t harm their children, mothers with severe cases may try to do so.

Here’s the latest:

Defense attorney has strong words for juror

Outside the courthouse, Reddington blasted the juror who he believes stood in the others’ way of an acquittal.

“They know they were robbed by one man, for whatever his agenda was, who stole seven weeks of the life of these other jurors that were so attentive, so beautiful, so wonderful,” he said. “You could see how defeated they were sitting there. I got a funny feeling they would have gone on for another week if they had to. So I hope that guy can sleep well at night.”

Prosecutor praises his trial team

Cruz praised trial prosecutors Shanan Buckingham and Jennifer Sprague, “both mothers themselves.”

“They went home to their families after each long day in court. They embraced the most difficult trial assigned to them with utmost professionalism,” he said.

Trump weighs in on Clancy mistrial, calls killing of children ‘horrible tragedy’

The president said he followed television news coverage of the Lindsay Clancy trial in Plymouth, Massachusetts.

“It’s a terrible situation. Look, she did a horrible, horrible thing,” Trump said. “Can’t be worse. But you’ll find out what the price to pay is. There’ll be a price — a mental institution or jail or something.”

Prosecutor says he won’t be swayed by public opinion about a second trial

“I have never been swayed to act a certain way or make certain decisions based upon public sentiment,” he said.

Prosecutor says this case isn’t about the medical care of women

“This was and has always been about getting justice for those three little babies. We’re here at this courthouse today because those children are not. ... Children were murdered, and it’s our job to seek justice,” District Attorney Timothy Cruz said.

“This case is not about the healthcare system, or about how women are treated in it,” or the diagnosis of different medical conditions, he said. “Those are all important issues. They stir emotion. Sometimes they stir anger.

“I understand that postpartum depression has impacted the lives of countless women and families, and I sympathize with their struggles. The investigation in these heinous killings, however, did not establish that they were caused by such depression,” Cruz said.

Emotions run high as crowd shouts at prosecutor

“You only cared when the kids were dead. Why didn’t you care about the mother?” someone yelled.

Someone else yelled, “God bless those children,” as the press conference wrapped up.

Prosecutors have gathered outside court to comment on mistrial

“I understand that this has been an emotional trial for everyone,” Plymouth District Attorney Timothy Cruz said.

“This case was about Lindsay Clancy and what she did ... the cruel and calculated killing of three innocents.”

“This was and has always been about getting justice for those beautiful babies,” Cruz said. “Children were murdered and it’s our job to seek justice.”

Cruz said there would not be an immediate decision about a second trial.

Clancy lawyer will get a chance to ask for acquittal

Shira Diner, a lecturer at Boston University law school and former public defender, told The Associated Press however that “it seems very unlikely that this judge would agree to overrule what the jury decided, which was nothing, and enter his own opinion.”

What happens next

After the jury was dismissed, the judge and lawyers discussed their next steps.

The judge set a hearing for Sept. 29 at which Reddington likely will ask Sullivan to declare Clancy not guilty, a rare step but one that is allowed under state law.

The hearing could also reveal details about a possible second trial.

No one shows emotion after a grueling experience

Neither the jury nor Clancy nor her family shows any emotion as the judge announces the mistrial.

Clancy’s defense lost its emergency appeal. Her lawyer isn’t giving up

Judge Sullivan called court back into session and confirmed that the emergency defense appeal was denied.

The judge said he would declare a mistrial as planned, but Reddington continued to object, saying federal law protecting criminal defendants was being violated.

He again requested a jury inquiry.

And again, the judge denied it, declaring a mistrial and calling jurors into the courtroom.

He then thanked the jurors for their service and dismissed them.

JUST IN: Mistrial is formally declared in the Lindsay Clancy trial after a last-minute appeal by her lawyer is denied

JUST IN: Massachusetts court clears the way for judge to declare a mistrial in Lindsay Clancy case after a last-minute appeal

Appeal cited constitutional rights

The appeal petition said removing the juror “is particularly important because the juror’s reasoning reflects a bias against those who suffer from debilitating mental illness, a protected category under both the Fifth and Fourteenth Amendments and Article 114 of the Massachusetts Constitution.”

Defense attorneys suggest juror may be biased against mentally ill people

Defense attorneys wrote the top court in Massachusetts in their emergency request for relief that the reasoning of one of the jurors “reflects a bias against those who suffer from debilitating mental illness.”

The defense brief says the high court has held that just one juror who is not impartial violates a defendant’s right to have an impartial jury.

It says the trial court judge “need not simply accept the juror’s professions of fidelity and impartiality,” but rather can determine whether the juror is credible in light of the other jurors’ statements.

“The judge appears to be abdicating the responsibility” to weigh the evidence of juror malfeasance, the defense argues. “This is not abuse of discretion; it is failure to exercise discretion at all.”

Massachusetts justice has heard arguments from both sides

A member of Massachusetts’ highest court has quickly heard arguments in a last-ditch effort by Clancy’s lawyers to stop a judge from declaring a mistrial.

The defense team wants the court to order the trial judge to further question a juror about applying the law and following instructions during deliberations in the high-profile trial.

Justice Dalila Argaez Wendlandt heard arguments over video conference and then said, “I need to make a decision.”

She said she’s taking the appeal “under advisement,” and offered no timeline for her decision.

Here’s what the defense’s written appeal brief asks for

The defense appeal asks the top court in Massachusetts to require the trial judge to do two things:

″(1) to inquire into the ability of the identified juror to apply the law or (2) prohibit the further deliberations of a juror identified by the jury foreperson as biased and refusing to follow the court’s instructions on reasonable doubt unless and until the court determines by individual voir dire that the juror is willing and able to follow the court’s instructions.”

“The judge appears to be abdicating the responsibility to weight the evidence of juror malfeasance. In other words, this is not abuse of discretion; it is failure to exercise discretion at all,” the brief says. “A mistrial at this point is entirely avoidable, but only if the court does its job.”

The court is now in recess

Participants were told the lunch break would be from 1 p.m.-2 p.m.

The defense appeal has been filed

Attorney Dana Goldblatt said she filed the emergency appeal on behalf of Lindsay Clancy’s defense attorney Kevin Reddington at 12:29 p.m. on Friday.

Legal expert says it’s highly unlikely the defense appeal will be granted

Trial judges don’t often allow a defense attorney to file such emergency petitions, said Joseph Perullo, a criminal defense attorney in Massachusetts.

The petition will be considered by a single justice of the Massachusetts Supreme Judicial Court who will look at whether the trial judge abused his discretion, committed a reversible error of law or did something that is “egregious and should be corrected prior to a mistrial being announced.”

The justice could initially grant a stay pausing the trial court proceedings and then consider the merits of the defense attorney’s petition in a process that would give the prosecutors a chance to present their arguments.

But “that is a high bar,” Perullo said. He doubts the justice will pause the trial proceedings to consider the merits.

The judge’s clock is ticking on the defense appeal

More than an hour has passed since the judge gave the defense one hour to file an emergency appeal of his pending mistrial declaration.

Reached for comment, the clerk’s office for the Supreme Judicial Court of Massachusetts told The Associated Press that it is in the process of receiving all the documents related to the emergency appeal.

What happens if the judge declares a mistrial?

The case would essentially go back to the same status as before the trial — Clancy could be charged with murder and held at a psychiatric hospital awaiting a resolution of the criminal case.

Prosecutors would have to decide whether to try again with a new jury. If they do, the jury selection process would begin again and a new trial would be scheduled.

Prosecutors could also offer a plea deal to Clancy, said Brad Bailey, a Boston defense attorney and former prosecutor who is not involved in the case.

“Any time the threat of a retrial with murder one hanging over the client is re-interjected, defense lawyers will, at the very least, explore whether or not there’s any interest in a resolution,” Bailey said.

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Here’s how the mistrial discussion played out in court

Prosecutor Jennifer Sprague told the judge a mistrial was required because he had already read to the jury the legal instruction sometimes known as a “dynamite charge.”

Reddington argued the judge still had discretion: “The court has the ability to send the jury back,” he said.

Sounding exasperated, the judge said “I don’t feel I have any choice but to declare a mistrial at this time.”

Reddington then requested that the jurors be polled “as to whether or not there has been a decision reached on murder one, murder two, manslaughter or anything like that.” If they did reach such a decision, prosecuting her again on those charges would be double jeopardy, he said.

Sprague objected, saying the court can’t delve into jury deliberations. “I don’t think anything else is required at this point other than a declaration of mistrial unfortunately.”

Sullivan then said, “Over the defendant’s objection, I am going to declare a mistrial at this point.”

Then Reddington pushed back, and the judge gave him one hour to appeal to the Massachusetts Supreme Judicial Court.

Legal expert says defense sees ‘structural defect’ in the trial

Criminal defense attorney Joseph Krowski, who has been observing the trial, commented about Friday’s developments outside the court in Plymouth, Massachusetts. He said the defense wants a judge on the state’s highest court to consider an emergency stay because Reddington believes there “is a structural defect to this trial by the failure to remove the juror or do an inquiry.”

Here’s what the jury’s note read

Judge Sullivan read the jury foreperson’s note aloud in open court: “It is with a heavy heart that we report we are unable to come to a unanimous decision and will not be able to.”

Court is once again in recess, mistrial pending, as the defense appeals

Sullivan and Reddington went back and forth after the judge signaled that he would declare a mistrial and summon the jury to break the news.

Then the judge suddenly gave Clancy’s lawyer time to seek an appeal to stop his mistrial order.

“What I’m asking for is time to file a single-justice appeal for this travesty,” said Reddington, who was upset over Sullivan’s refusal to remove a juror.

“I’ll hold off for an hour,” the judge said.

The clock began around 11:30 a.m.

There was an audible gasp when the judge said he would declare a mistrial

Clancy’s parents, Paula and Mike Musgrove, and her sister, Allison Ozga, showed no reaction but stared straight ahead. Clancy’s expression wasn’t visible to the gallery.

The defense then raised objections and the jury was not brought in.

JUST IN: Judge says he is going to declare a mistrial in the Lindsay Clancy case, then gives defense 1 hour to appeal

The court clerk had something to show the lawyers

Prosecutors and Reddington are being brought up to a podium and the court clerk showed them something. It is unclear what it was.

Now they’ve returned to their tables and the judge has returned to the bench.

There's no more room

With nearly 100 people packed inside, a court officer told the public outside “there is no more room” and closed the courtroom doors.

People are being called back into court

First the media and now members of the public are re-entering the courtroom.

The prosecutors are at their table. Reddington is sitting next to Clancy. Clancy’s parents and her sister are two rows back.

With the court in recess as the jury deliberates, the scene outside is calm

There’s a line for media seats that’s 15 people deep, with journalists either standing or sitting on the floor behind an orange cone after court security moved them back from the door.

The benches outside the courtroom are filled with about 20 members of the public, some dressed in pink to show their support for Clancy. Many are waiting to get a seat in the courtroom, which has been filled to capacity.

Judge, defense lawyer clashed over his delivery

Reddington urged Sullivan to “forcefully” explain the jury instruction about how to apply reasonable doubt to deliberations, and not use a “soft” approach.

“What do you want me to do? Get a brass band?” the judge responded. “The fact that I perhaps didn’t give it my full inflection — I’m sorry about that but I’m not an actor. I’m just giving the instruction.”

Sullivan then promised to give the instruction again “with more pizzazz,” a remark that caused laughter in the courtroom.

The judge ultimately gave the jurors one more reminder about following his instructions before sending them back to the jury room.

Judge said he’s constrained by statute dealing with juror removal

“That juror told you that he would be able to apply the law to the fact as you asked him. Based on this note from this juror it clearly and unequivocally indicates they are 11-1 and this person will not apply reasonable doubt to the evidence to return a not guilty verdict.”

Sullivan disagreed, saying law only allows a juror to be discharged for personal reasons having nothing to do with the case or their relationship with the other jurors.

Defense lawyer told judge the juror was lying to him

Before the jury was brought into the courtroom Friday, Reddington beseeched the judge to deal with the juror referenced in the foreperson’s note on Thursday.

“I have never seen a situation like this where a foreperson on the jury is so courageous as to speak on behalf of 11 jurors and indicate that a juror, number which I will not mention, and I quote, ‘has made statements acknowledging doubt but refuses to apply it to the verdict,’” Reddington said.

Reddington said the juror “looked you in the eye and lied” when the judge questioned him after receiving the note.

Expert says the judge has to be very careful

Criminal defense attorney Joseph Krowski Jr. has been following the trial and commented outside court about the judge’s challenge at this point in the deliberations.

“The jurors aren’t saying that there’s just a factual disagreement with the holdout — they’re saying that that juror is refusing to follow the law,” Krowski said Thursday evening.

“Now, I don’t want to speculate. I’m not in there, and I don’t know what the disagreement is, and how do we know that that juror’s even right or wrong on the law, but you could see the visceral reaction from attorney Reddington, and it looked like to me that he’s frustrated.”

“Judges have to be careful into inquiring into what’s being discussed during deliberation. So if he gets another communication, then I’m sure he would have a very, very confined, carefully constrained voir dire,” Krowski said. “One more communication that they’re at an impasse would mandate a hung jury, mistrial.”

Judge sends jury back into deliberations room, with one more reminder

“I wanted to remind you, as I instructed you earlier, it is your duty as jurors to accept the law as I gave it to you,” he told them. “You must follow the law as I give it to you whether you agree with it or not.”

“With that, you may now resume your deliberations.”

As for any notes from the jury room ...

Sullivan acknowledged to the jury that he got a note from the jury on Thursday.

“If there are any notes in the future ... make sure we don’t put down where everybody is numerically,” Sullivan told them.

Jury is seated once again

Despite a request from Reddington, Sullivan has ruled that he will not do a further inquiry of the juror.

We are in court. 7th day of deliberations

Court has reopened and reporters and the public have filed in. There is not an empty seat.

The judge is now here and lawyers are discussing further instructions to the jury.

Clancy defense motion seeks all further courtroom debate to be out in the open

Reddington filed a motion Friday requesting a standing order so there will “be no further sidebars” and that “all related proceedings will be handled in open court.”

Sullivan has often used sidebars to discuss legal issues with the defense and prosecution, especially during jury deliberations. During those sessions, no one in court can hear what is being discussed.

Clancy’s lawyer hopes to debate in open court how the judge will question the juror

Defense attorney Kevin Reddington told reporters after leaving court Thursday that the foreperson’s note identified the holdout juror to the judge.

He said he’s hoping that before the judge questions that juror on Friday, attorneys on both sides will get to argue over the specifics of that inquiry.

Reddington wants that debate out in the open, not in a private sidebar conversation.

A single juror may be preventing a verdict. The judge had them sleep on it

A deadlocked jury returns Friday for the seventh day of deliberations in the Lindsay Clancy trial, a day after the jury’s foreperson informed the judge that a single juror wasn't following the court’s instructions about reasonable doubt.

The extraordinary disclosure made Thursday in the form of a note delivered to the judge offered the clearest glimpse yet of what may be keeping jurors from reaching a verdict on whether the Massachusetts mother is criminally responsible for killing her three children.