Lindsay Clancy's defense attorney, Kevin Reddington, has filed an emergency appeal to the Massachusetts Supreme Court, seeking to remove a holdout juror and potentially avert a retrial. The appeal, described as a "Hail Mary" move, contends that the lone dissenting juror harbors a bias against individuals with mental illness or disabilities, which Reddington argues is grounds for overturning the mistrial declared due to an 11-1 jury deadlock.
Reddington's filing on Friday, September 4, 2026, cited the Americans with Disabilities Act, asserting that the juror's position was "intractable, regardless of proof beyond a reasonable doubt." Judge William Sullivan had declared a mistrial after the jury deliberated for over 37 hours without reaching a unanimous verdict. Reddington was granted an hour to appeal Sullivan's decision.
The defense attorney's strategy has drawn mixed reactions. Journalist Gerry Callahan questioned the relevance of the Disabilities Act, suggesting Reddington was acting out of desperation. Conversely, Cathy Russon, managing editor of Court TV, acknowledged Reddington's persistent efforts for his client. Attorney Jason Goldman, representing Bryan Kohberger on appeal, characterized Reddington's move as an "extreme long shot," noting that legal precedents for removing a juror at such a late stage are rare.
Goldman also suggested that the judge was likely entertaining the appeal to "protect the record" for future appellate review, indicating a cautious approach. Despite the defense's confidence in an 11-1 split, the legal path to overriding a mistrial based on juror bias is considered difficult.
Clancy, 36, is on trial for the 2023 strangulation deaths of her three children: Cora, 5, Dawson, 3, and 8-month-old Callan, at their home in Duxbury, Massachusetts. She has admitted to the killings but pleaded not guilty by reason of insanity, attributing her actions to postpartum psychosis exacerbated by medication. Prosecutors have argued that the killings were intentional and premeditated, contrary to the defense's claims of a mental health crisis.
If Reddington's emergency appeal to the Massachusetts Supreme Court is unsuccessful, Clancy could face a retrial. The prosecution had pushed for the mistrial and is expected to pursue a retrial, though no further details have been released. The jury had previously indicated their inability to reach a unanimous decision through notes sent to the judge on Tuesday, Wednesday, and Thursday.