The murder trial of Lindsay Clancy, accused of killing her three young children, reached a dramatic impasse Thursday as the jury was dismissed for the day following a dispute over one juror's adherence to the law. The jury's foreperson sent a note to the judge stating that one of the 12 jurors was not following the legal standard of reasonable doubt.
In response to the note, Judge William Sullivan individually questioned each juror to confirm their ability to follow the court's instructions on reasonable doubt. While all jurors indicated they could, Clancy's attorney, Kevin Reddington, argued that a "soft instruction" from the judge was insufficient. Reddington publicly voiced his concern that a single juror's refusal to follow the law could lead to a mistrial after 35 hours of deliberation.
Reddington requested the judge remove the juror in question, stating, "I suggest respectfully that the soft instruction that you gave them, saying at the sidebar, 'Can you listen to the law as I instruct you?' does not focus on the issue." He added, "The question is not sufficient enough. It does not allow any foundation for a motion to remove the juror who refuses to accept your instructions on the law."
Clancy, 36, is on trial for the murders of her children, Cora, five, Dawson, three, and eight-month-old Callan, in their Duxbury, Massachusetts, home in 2023. She has pleaded not guilty by reason of insanity, with her defense team citing postpartum psychosis. Prosecutors contend the killings were intentional and premeditated.
Judge Sullivan acknowledged the defense's motion, describing the discharge of a deliberating juror as a "sensitive undertaking." He noted that he had asked the jurors if they were able to follow his instructions and that they had previously affirmed they could. The judge reminded the jury of his instructions on reasonable doubt, emphasizing that the burden of proof lies with the Commonwealth to demonstrate guilt beyond a reasonable doubt.
The jury, composed of nine women and three men, has been deliberating for 35 hours, remaining deadlocked. They have not been sequestered during their deliberations. The foreperson's note indicated a deadlock, prompting the judge's intervention and the defense's subsequent request for juror removal.