Should the murder trial of Lindsay Clancy conclude in a mistrial, the defense might find itself with an unexpected advantage in any subsequent proceedings, according to a retired Massachusetts Superior Court judge. This assessment comes as jurors indicated for a second time on Wednesday that they remain unable to reach a unanimous verdict.
Clancy, 36, is facing three counts of first-degree murder. The charges stem from the deaths of her three young children—Cora, Dawson, and Callan, all under the age of six—who were found strangled at their family residence in January 2023.
On Wednesday afternoon, Judge William Sullivan issued a Tuey-Rodriguez instruction to the jurors after they reported their second deadlock. They had initially signaled difficulties earlier in the week. This instruction is typically given to encourage a deadlocked jury to continue deliberations, emphasizing the importance of listening to fellow jurors while steadfastly maintaining their sincerely held beliefs. Earlier in the week, when jurors first reported their inability to agree, Judge Sullivan opted to simply send them back to resume their work without the additional instruction.
The jurors in Clancy's murder trial are currently considering several possible outcomes, including first-degree murder, second-degree murder, voluntary or involuntary manslaughter, not guilty by reason of lack of criminal responsibility (insanity), or a straightforward not guilty verdict.
Social Media's Shifting Influence on Retrials
The retired judge, identified as Lu, commented on how the landscape of retrials has evolved. "In the past, the conventional wisdom was that the prosecution is more likely to win on a retrial after a hung jury. Now it's different... The new conventional wisdom is question mark because of social media infected trials," Lu stated.
Lu highlighted the case of Karen Read, a Massachusetts woman who underwent two trials concerning the death of her boyfriend, a Boston police officer. Her case garnered substantial social media attention, which Lu believes profoundly affected her legal proceedings. In her first trial in 2024, jurors were deadlocked, but she was ultimately acquitted at her retrial in 2025.
"In the Karen Read case, the social media abuse was at a slow boil in the first trial. At the second trial, it just all erupted," Lu explained. Personally, Lu mentioned that he has disengaged from social media, describing it as "too abusive an environment."
Defense Concerns and Ongoing Deliberations
While defense attorney Kevin Reddington affirmed he would "absolutely" proceed to another trial if Judge Sullivan declares a mistrial, he expressed concerns that Clancy would not be emotionally capable of enduring a second one. Speaking to reporters on Tuesday, Reddington noted, "She had a flat affect, she’s sad."
A crowdfunding campaign established for Clancy's parents, the Musgrove family, has accumulated over $830,000. However, it remains uncertain who would finance Clancy's defense in a retrial, or whether Reddington would charge for his services.
Wednesday marked the second occasion that the Clancy jury communicated their inability to reach a unanimous verdict. On Tuesday, jurors had sent a note to Judge Sullivan stating, "after many hours of deliberation, we are unable to come to a unanimous decision." In response, he instructed them to continue their work.
"I brought you back out because I know that this was a long trial. All right, I know there were over 80 witnesses. There were over 300 exhibits. Because of that, I'm going to ask you to go back out, keeping in mind all of the instructions that I gave you to go out and to continue your deliberations at this time. All right. And so, with that, I'm going to ask you to go back out. Like I said, keep in mind the instructions I gave you reviewing the evidence, and I'd ask you to resume your deliberations at this time," Judge Sullivan instructed.
According to Lu, if the jurors once again report a persistent deadlock, the case is likely to result in a mistrial. "I'm afraid so, with limited exceptions, it would end up being a mistrial, a true hung jury, deadlocked jury," Lu concluded.
Jurors are scheduled to return on Thursday to continue deliberations for a sixth day, having already dedicated more than 28 hours to weighing a verdict.