A mistrial was declared Friday in the murder case of Lindsay Clancy, who was accused of strangling her three young children in January 2023. The jury, which deliberated for over 37 hours across five weeks of testimony, informed Judge William Sullivan that they were unable to reach a unanimous decision.
Outside the courthouse in Plymouth, Massachusetts, District Attorney Tim Cruz faced a barrage of criticism from protesters moments after the mistrial was announced. As Cruz addressed members of the media, a woman standing behind him shouted, "You only cared when the kids were dead - why didn't you care about the mother?" Others joined in, chanting "Amen" and calling the prosecutor corrupt. Cruz, maintaining a composed demeanor, responded to questions about insensitivity by stating that the act of killing three children was itself insensitive. "Insensitive is ignoring those facts, we have an obligation to stand up for those people and seek justice," he said.
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The jury of nine women and three men had sent four notes to the judge during their deliberations, indicating an inability to reach a consensus. Reports emerged Thursday that 11 of the 12 jurors had agreed on a verdict, but a single holdout juror was reportedly refusing to concur.
"It is with a heavy heart that we are unable to come to a unanimous decision and will not be able to," read the final note sent by the jurors on Friday morning. The law requires a unanimous decision for a verdict, and the failure to achieve one compels the judge to declare a mistrial.
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Clancy is accused of strangling her children, Cora, five, Dawson, three, and eight-month-old Callan, with exercise bands before attempting to take her own life. Her suicide attempt was unsuccessful, leaving her paralyzed and confined to a wheelchair. The prosecution has maintained that the killings were cold-blooded murder.
Following the mistrial, the prosecution has the option to pursue a retrial. This would not violate Clancy's Fifth Amendment right against double jeopardy, as that protection applies only after a person has been found innocent or guilty. A mistrial due to a hung jury allows the state to bring the charges again. The decision on whether to seek a retrial has not yet been made.
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Prosecutors may also consider requesting that a judge, rather than a jury, decide the verdict in any potential future proceedings. Clancy is expected to remain institutionalized while a decision on a retrial is made. The trial would need to start over from jury selection if a new trial is pursued.